Wirtz v. Quinn – Illinois Supreme Court Upholds Capital Projects Plan

On July 11, 2011, the Supreme Court of Illinois issued its decision upholding legislation passed in 2009 to create a $31 billion capital projects plan. When it was enacted, both sides of the aisle supported this plan. Legislators recognized that a comprehensive capital plan to build and improve roads, public schools, libraries, colleges and other public facilities would create much needed jobs throughout the state. Just as these projects were building steam, the capital plan screeched to a halt in January 2011, when an appellate court found that one of the five statutes creating the capital plan was unconstitutional.

The lawsuit was filed by W. Rockwell Wirtz and Wirtz beverage Illinois, LLC, challenging four of the capital plan statutes and arguing that they violated the single subject clause of the Illinois Constitution. Governor Quinn and the state appealed this decision, and the III FFC was granted leave to file a brief as amicus curiae in support of the state’s position. The III FFC argued that the single subject of the legislation was “capital projects budget implementation,” as evidenced by the plain language of the Acts as well as the legislative debate.

The Illinois Supreme Court agreed with the state’s and III FFC’s position, reversing the lower court in a unanimous decision issued in July. The Court determined that the substantive provisions of the law “clearly are connected to capital projects in that they establish increased revenue sources to be deposited into the Capital Projects Fund. The few provisions that do not directly raise revenue are still related to the overall subject of the Act in that they help to implement the other provisions.”