By Michael T. Reagan, The Law Offices of Michael T. Reagan
In Wirtz v. Quinn, Justice Burke wrote for a unanimous court in reversing the appellate court’s Opinion which had declared the 2009 Capital Projects Acts unconstitutional. This Opinion will serve as a modern Baedeker for the law of legislative drafting.
This action, brought by Rockwell Wirtz and Wirtz Beverage Illinois, LLC, on behalf of taxpayers generally, was initiated by a complaint seeking to enjoin the disbursement of public funds pursuant to 735 ILCS 5/11-303. The statute requires that the action be commenced by filing a petition for leave to file, and requires that the circuit court find reasonable ground for filing before the complaint may be filed. The circuit court concluded that reasonable ground did not exist, and denied the petition. The appellate court found that PA 96-34 "An Act Concerning Revenue" violated Article IV, § 8(d) of the Illinois Constitution of 1970, the single subject clause. The remaining three acts, consisting of an Appropriation Bill, a Trailer Bill and a Budget Implementation Bill, each expressly provided that it was passed contingent upon PA 96-34 becoming law. Because the appellate court found that PA 96-34 was void in its entirety, the remaining three bills were found to fall as well because of that contingency. The appellate court did not then have occasion to take up any of the other constitutional challenges to the bills.
The supreme court granted the Petition for Leave to Appeal filed by the numerous governmental defendants and handled the case in a compressed timeframe. The supreme court reversed the appellate court’s holding that PA 96-34 violated the single subject clause. Then, in the interest of judicial economy, and perhaps in recognition of the practical fiscal importance of this dispute, the court addressed all of the other constitutional challenges pled in the taxpayers’ complaint, rather than remanding the case to the appellate court.
