The Illinois Appellate Court's decision to in effect nullify the $31 billion capital bill the General Assembly passed in the summer of 2009 is ricocheting across the state. Local leaders are worried about losing out on dollars promised for a variety of projects. "The infrastructure in our state is terrible. My immediate concern is that it’s addressed,” Peoria Mayor Jim Ardis told the Peoria Journal-Star in reaction to Wednesday's decision. Organized labor is concerned about thousands of construction jobs simply disappearing if the ruling stands. "We were very excited about it, so if something happens and the supreme court agrees [with the appellate ruling] there will be a stoppage and jobs will be postponed," said Beth Spencer, a spokeswoman for the Illinois AFL-CIO. "It's sad news all around for workers."
The appellate court ruling centers around the state Constitution's "single-subject rule," a clause that says, "Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject.” The decision (PDF) says the legislation that funded the capital bill -- through a controversial expansion of video gaming terminals, lottery privatization, increased taxes and fees on vehicle titles, candy, hygiene products, and liquor -- was in violation of that rule. With the funding mechanism ruled illegal three associated acts detailing the capital spending plan "cannot stand," the appellate court said.
Pushback against the ruling is in full swing. Yesterday, Attorney General Lisa Madigan motioned for a stay of the appellate decision as she preps a full appeal. There's talk about a boycott against Rocky Wirtz, the liquor magnate and plaintiff in the case. Even if the state supreme court reverses the appellate ruling, though, the General Assembly faces a challenge fully funding the capital bill -- 79 jurisdictions have said no to allowing video gaming terminals in their bars and clubs. The State Journal-Register editorial board today suggests the General Assembly raise the state's cigarette tax by a $1 (a popular move, past polling says) to ensure the capital projects are not simply abandoned.
"If the Supreme Court upholds the appellate decision and lawmakers dare
deliver the crack cocaine of gambling to their constituents after a
year-and-a-half of negative reaction, it would be a display of cynicism
of Blagojevichian proportions," the Journal-Register writes. "Swapping a horrible gambling expansion for a cigarette tax that won’t
even put Illinois in the Top 10 of state tobacco taxes — and will reduce
smoking in the process — sounds like a pretty good deal to us."
