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A.B.A.T.E. of Illinois, Inc., et al v. Patrick Quinn

October 27, 2011

A.B.A.T.E. OF ILLINOIS, INC., ET AL.,
APPELLANTS,
v.
PATRICK QUINN, GOVERNOR OF ILLINOIS, ET AL.,
APPELLEES.



The opinion of the court was delivered by: Justice Burke

JUSTICE BURKE delivered the judgment of the court, with opinion.

Justices Freeman, Thomas, Garman, Karmeier, and Theis concurred in the judgment and opinion.

Chief Justice Kilbride dissented, with opinion.

OPINION

¶ 1 Effective January 1, 1993, the legislature amended the Cycle Rider Safety Training Act (the Act) (625 ILCS 35/1 et seq. (West 1994)). Among other things, this amendment changed the Cycle Rider Safety Training Fund (CRSTF) from a special fund inside the state treasury to a "trust fund outside of the State treasury." 625 ILCS 35/6 (West 1994). In this appeal we are asked to determine what effect this amendment has on the legislature's authority to order the transfer of funds out of the CRSTF and into the General Revenue Fund (GRF); whether the transfer of funds out of the CRSTF amounts to an unconstitutional "taking" of private property without just compensation; and whether, in order to transfer funds out of the CRSTF, the legislature must first amend the CRST Act.

¶ 2 The appellate court held that the removal of funds from the CRSTF was not an unconstitutional taking and that the legislature has the authority to order a transfer of funds out of the CRSTF and into the GRF. 401 Ill. App. 3d 326. We now affirm the judgment of the appellate court.

¶ 3 BACKGROUND

¶ 4 On January 1, 1982, the Cycle Rider Safety Training Act came into effect. The stated purpose of the Act is "to promote safety for persons and property connected with the use and operation of motorcycles, motor driven cycles and motorized pedalcycles." Ill. Rev. Stat. 1983, ch. 951/2 , ¶ 801 (now 625 ILCS 35/1). The CRSTF was created in section 6, which initially provided as follows:

"§ 6. To finance the Cycle Rider Safety Training program and to pay the costs thereof, the Secretary of State will hereafter deposit in the State Treasury an amount equal to $4.00 for each Annual Fee, and $2.00 for each Reduced Fee, for the registration of each motorcycle, motor driven cycle and motorized pedalcycle processed by the Office of the Secretary of State during the preceding quarter, which amount the State Comptroller shall transfer quarterly to a special fund to be known as 'The Cycle Rider Safety Training Fund', which is hereby created and which shall be administered by the Department. Appropriations from the 'Cycle Rider Safety Training Fund' shall be made by the General Assembly only to the Department, and shall only be used for the expenses of the Department in administering the provisions of this Act, for funding of contracts with approved Regional Cycle Rider Safety Training Centers for the conduct of courses, or for any purpose related or incident thereto and connected therewith. Whenever the total of the amount currently in the Cycle Rider Safety Training Fund and current grants to the Department from the federal government for cycle rider safety training in Illinois exceed $1,200,000, the Department will notify the Governor and the Governor may notify the State Comptroller and State Treasurer of the amount to be transferred from the Cycle Rider Safety Fund to the Illinois Road Fund so that said total approximately equals $1,200,000, and, upon receipt of such notification, the State Comptroller shall transfer such amount to the Illinois Road Fund." Ill. Rev. Stat. 1983, ch. 951/2 , ¶ 806.

¶ 5 The Act was amended in January 1992 through Public Act 87--838, entitled "Emergency Budget Act of Fiscal Year 1992." This amendment added the following language to the end of section 6:

"In addition to any other permitted use of moneys in the Fund, and notwithstanding any restriction on the use of the Fund, moneys in the Cycle Rider Safety Training Fund may be transferred to the General Revenue Fund as authorized by this amendatory Act of 1992. The General Assembly finds that an excess of moneys exists in the Fund. On February 1, 1992, the Comptroller shall order transferred and the Treasurer shall transfer $200,000 (or such lesser amount as may be on deposit in the Fund and unexpended and unobligated on that date) from the Fund to the General Revenue Fund." Ill. Rev. Stat. 1991, ch. 951/2 , ¶ 806.

¶ 6 Later that same year, in December 1992, the legislature passed Public Act 87--1217 over the Governor's veto. With this legislation, section 6 was amended effective January 1, 1993, to provide as follows:

"To finance the Cycle Rider Safety Training program and to pay the costs thereof, the Secretary of State will hereafter deposit with the State Treasurer an amount equal to each annual fee and each reduced fee, for the registration of each motorcycle, motor driven cycle and motorized pedalcycle processed by the Office of the Secretary of State during the preceding quarter as required in subsection (d) of Section 2--119 of the Illinois Vehicle Code [625 ILCS 5/2--119*fn1], which amount the State Comptroller shall transfer quarterly to a trust fund outside of the State treasury to be known as the Cycle Rider Safety Training Fund, which is hereby created. In addition, the Department may accept any federal, State, or private moneys for deposit into the Fund and shall be used by the Department only for the expenses of the Department in administering the provisions of this Act, for funding of contracts with approved Regional Cycle Rider Safety Training Centers for the conduct of courses, or for any purpose related or incident thereto and connected therewith." 625 ILCS 35/6 (West 1994).

¶ 7 In addition to making the CRSTF a "trust fund outside of the State treasury," the amended statute struck the provision which previously permitted the regular transfer of monies out of the CRSTF and into the Road Fund. It also struck the provision added by the January 1992 amendment which permitted a sweep of $200,000 into the General Revenue Fund in February 1992.

¶ 8 The statute has not been substantively amended since the December 1992 amendment. However, without amending the CRST Act, the legislature authorized the transfer of monies from the CRSTF (and numerous other funds) into the GRF with its enactment of Public Act 93--32, the Budget Implementation Act for fiscal year 2004 (the FY2004 BIMP). To accomplish this, the FY2004 BIMP (which became effective June 20, 2003), amended the State Finance Act (30 ILCS 105/1 et seq. (West 2002)), by creating sections 8.42 and 8h.

The newly created section 8.42 of the State Finance Act provided in pertinent part:

"In order to address the fiscal emergency resulting from shortfalls in revenue, the following transfers are authorized from the designated funds into the General Revenue Fund:

Cycle Rider Safety Training Fund ......... $1,000,000.

All such transfers shall be made on July 1, 2003, or as soon thereafter as practical. These transfers may be made notwithstanding any other provision of law to the contrary."

30 ILCS 105/8.42 (West Supp. 2003).

¶ 9 The newly created section 8h of the State Finance Act provided:

"Notwithstanding any other State law to the contrary, the Director of the Bureau of the Budget may from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's operating costs for the fiscal year." Pub. Act 93--32 (eff. June 20, 2003) (adding 30 ILCS 105/8h).

¶ 10 Subsequently, the legislature enacted Public Act 93--839, the Budget Implementation Act for fiscal year 2005 (the FY2005 BIMP), which became effective July 30, 2004. The FY2005 BIMP, among other things, rewrote section 8h of the State Finance Act to provide as follows:

"[N]otwithstanding any other State law to the contrary, the Governor may, through June 30, 2007, from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's ...


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