(The Center Square) – The Illinois Supreme Court is expected to issue a decision in the coming weeks about how transportation tax dollars are spent by local governments.
The case heard last week revolves around the Safe Roads Act, also known as the Transportation Lockbox Amendment, approved by voters in 2016. The amendment requires governments to use transportation funds solely on transportation work.
Eleven transportation contractors and their attorney, John Fitzgerald of Tabet DiVito & Rothstein, faced off last week in the state’s high court against a Cook County attorney and a decision from a panel of the Illinois First District Appellate Court.
Fitzgerald argued that the amendment is not being enforced the way many Illinoisans intended it to.
"When the people of Illinois voted to approve the Safe Roads Amendment, they had every right to expect that the amendment they approved would be enforced as written," Fitzgerald said.
Cook County Assistant States Attorney Amy Crawford argued on behalf of Cook County and said the amendment should apply only to taxes and fees raised by state law, and not to taxes and fees raised by a county ordinance.
Fitzgerald argued that the language in the amendment is clear.
"No moneys means no moneys," Fitzgerald said. "Not, some moneys but not others."
Crawford went on to argue that if transportation funds were used only for transportation projects, Illinoisans could see higher taxes in other areas.
"If these taxes are sucked away from their current purposes and used towards transportation, taxpayers are going to be on the hook for additional revenue," Crawford said.
The Illinois Supreme Court is expected to issue a decision on the case in the coming weeks.
###
