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Lawmakers study options for construction plan

SPRINGFIELD — Suburban lawmakers Thursday split on whether they'd be able to resurrect the state's major roads and bridges construction program if the taxes, fees and slot machines needed to pay for it aren't declared legal by the Illinois Supreme Court.

A lower court this week struck down the plan, which raised alcohol taxes and vehicle fees, as well as paved the way to put video gambling machines in bars across the state. The court said those topics were all too different to be in the same piece of legislation.

The lawsuit, brought by Chicago Blackhawks owner and liquor distributor Rocky Wirtz, will be appealed by the state to the state high court.

The capital spending plan was approved in 2009 with support from both Democrats and Republicans. But if the Supreme Court strikes it down, this time could be different.

Democrats facing flak for raising income taxes just weeks ago might be hesitant to vote to re-raise taxes and fees that were nullified, even though they've already done so before.

Sen. Kirk Dillard, a Hinsdale Republican who voted for the plan, said he thought the controversial video gambling machines might be especially tough to find support for again.

“If the Supreme Court doesn't put Humpty Dumpty back together again, it will be very hard to put the yolk back in the shell with the same package,” Dillard said.

Some say they should try, though.

Rep. Mark Beaubien, a Barrington Hills Republican, said if the Supreme Court kills the construction plan, lawmakers should approve it again immediately, just as separate pieces of legislation.

“We've already done it,” he said.

A new plan might look different, though, if it has to be changed to find enough support.

Sen. Linda Holmes, an Aurora Democrat, said the construction plan is intended to create jobs, which is just as important now as it was in 2009.

Still, she said she'd have to see the details of a new plan before knowing if she'd support a second try.

“It's hard to know whether I would or not,” Holmes said.

The Supreme Court of course could spare lawmakers the tough vote and uphold the taxes, fees and slot machines as constitutional.

In the meantime, though, Dillard said Quinn should privately prepare a sort of Plan B. Then, officials should “litigate like your life depends on it” to try to get the justices to side with the state.

If they do, people will keep paying the $20 increase on license plate stickers, full sales taxes on candy and soda, and other tax and fee increases that started taking effect in 2009 and 2010.

Lawmakers are clearly thinking about what they'll need to do if the Supreme Court strikes the huge public works program.

“We plan to present the latest developments to our caucus on Tuesday,” House Republican Leader Tom Cross said in a statement. “We are committed to job growth and infrastructure improvements in our state.”

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