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Transportation lawsuit could blow a huge hole in Cook County’s budget

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Illinois

* The Daily Herald’s Marni Pyke…

A coalition of road builders, engineering firms and construction industry groups sued Cook County this week claiming officials illegally diverted about $250 million earmarked for roads, bridges and transit to a fund unrelated to transportation.

Shifting those dollars violates a constitutional amendment passed in 2016 that prohibits state and local governments from dipping into taxes and fees that were collected for transportation projects, the lawsuit stated. […]

“The county’s roads are deteriorating,” Illinois Road and Transportation Builders Association CEO Michael Sturino wrote Cook County President Toni Preckwinkle in February before the lawsuit was filed Tuesday. “Nearly half of Cook County’s bridges are considered either structurally deficient, functionally obsolete or both.”

Yet the county deposited revenues from the gas tax and other transportation-related fees into the public safety fund that pays for the sheriff’s and state’s attorney’s office, among other expenses, the lawsuit said.

The lawsuit is here.

* There is a loophole in the Constitution…

Transportation funds may be expended for the following: the costs of administering laws related to vehicles and transportation […]

The costs of administering laws related to vehicles and transportation shall be limited to direct program expenses related to the following: the enforcement of traffic, railroad, and motor carrier laws; the safety of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, or airports

So, the courts may have to decide if the county can only use that restricted cash to pay for direct costs or whether it can use a much more broad definition. Expect a fight all the way up to the Supremes on this one.

posted by Rich Miller
Friday, Mar 9, 18 @ 12:30 pm

Comments

Sounds like lottery revenue. Shrink the agency’s general budget by the same amount of transferred funds. The old shell game at work.

Comment by Cocoa Dave Friday, Mar 9, 18 @ 12:41 pm
This is Illinois people; there is always a loophole

Comment by DuPage Saint Friday, Mar 9, 18 @ 12:44 pm
They were told not to do something like putting it in the Constitution, you would have thought they would have learned something from past practices.

Comment by Stand Tall Friday, Mar 9, 18 @ 12:49 pm
Cook county will say the money went for police traffic enforcement and DA and traffic court expenses. Then, like Cocoa Dave observed, the county will cut an equal amount from the general funds.

Comment by DuPage Friday, Mar 9, 18 @ 12:49 pm
That’s no loophole. Cook County doesn’t want to comply with the Constitution. 80% voted in support of the lockbox amendment - Preckwinkle should care about that. And why aren’t they coming clean with the information? Sheriffs and states attorneys aren’t in the transportation business, not by a long shot.

Comment by phocion Friday, Mar 9, 18 @ 1:04 pm
This is precisely why I voted against that terrible amendment.

Comment by Ron Friday, Mar 9, 18 @ 1:29 pm
That pesky Constitution

Comment by Politically incorrect Friday, Mar 9, 18 @ 1:31 pm
More like those uninformed voters.

Comment by Ron Friday, Mar 9, 18 @ 1:35 pm
Cook County fills its budget holes with sugar.

Comment by City Zen Friday, Mar 9, 18 @ 1:52 pm
@Ron

Exactly. This amendment hog-ties local governments which are suppose to be more agile than larger units of government to better address the issues they see in their communities.

I get why this passed. Local governments have abused public trust in the past, but this is gonna hurt the public more than it will help moving forward.

Hopefully, the Courts will rule for some wiggle room.

Comment by Chicago_Downstater Friday, Mar 9, 18 @ 2:05 pm
The language regarding the use of Motor Fuel Tax funds has been around a long time and only applies to highly populated municipalities

The lock box insured transportation funds were not siphoned off for items like CMS, secretary of state, etc

Of course the devil is in the details regarding the way cook county depends the money

Comment by anon Friday, Mar 9, 18 @ 2:15 pm
Exactly Downstater.

Comment by Ron Friday, Mar 9, 18 @ 2:50 pm
Cook County creates bigger budget holes by giving raises and increased benefits to its workers. The County needs a diet.

Comment by Ron Friday, Mar 9, 18 @ 2:51 pm
This is why that amendment was terrible. If you don’t like the way your state is spending money, elect new representatives. Don’t handcuff your legislature in how it can spend money permanently to solve a temporary problem.

Comment by Rob Friday, Mar 9, 18 @ 3:59 pm
It was pushed by the highway builders. It was and is a terrible amendment. Not surprised it passed though. This is Illinois.

Comment by Ron Friday, Mar 9, 18 @ 4:00 pm