Court Rules Cook County Misspent $243M in Transportation Funds | Columbus Ohio Dump Trucks

A Cook County Illinois Circuit Court judge has ruled that the county violated the state constitution by using $243 million in transportation tax revenue during fiscal 2023 for non-transportation purposes, handing a legal win to a statewide coalition of construction trade groups.

Judge Alison Conlon ruled Jan. 28 that the county’s spending violated the Safe Roads Amendment, also known as the transportation “lockbox” amendment, which requires that revenue from gas taxes, parking facilities, and vehicle purchases be used exclusively for transportation projects. Cook County had argued that the funds could support other government operations tied to traffic enforcement, including to pay for portions of the budgets of the County sheriff’s office, state’s attorney, juvenile probation dept., public defender, circuit court clerk, and courts.

The Illinois Road and Transportation Builders Association filed the lawsuit in 2018 seeking to keep the county from using revenue from gas taxes, parking facilities and vehicle purchases for non-transportation purposes. The group argued that diverting those funds threatened transportation infrastructure and the livelihoods of its members.

Illinois voters approved a constitutional amendment in 2016 by a wide margin, aiming to ensure transportation revenues would be reserved for road, bridge and transit projects. At the time, critics argued that the amendment’s wording was vague and might limit government budgets.

Conlon recognized in her ruling that the county’s approach was not unreasonable, given what she described as a lack of clarity in how the amendment applies to county budgets. Still, she found that all of the challenged spending was unconstitutional.

Responding to the ruling in a statement, Cara Yi, a spokeswoman for Cook County Board President Toni Preckwinkle (D), said, “The county remains committed to Safe Roads Amendment compliance and utilizing the Transportation Fund to address all expenses allowable under the amendment.”  

Cook County had previously contended it was exempt from the amendment because it is a home-rule unit of government, but the Illinois Supreme Court rejected that argument in 2022. Afterward, the county developed a methodology to justify allocating transportation dollars to public safety departments by estimating how much of their work, and therefore their budgets, was related to traffic enforcement.

While the plaintiffs asked for a permanent injunction barring future diversions of transportation funds, the judge wrote that she did not feel that was necessary. 

In her statement, Yi outlined spending the county’s Dept. of Transportation and Highways has advanced since 2016 including $1.36 billion for multimodal transportation projects and initiatives and $192 million in state and federal grant funding for roadway, bicycle, and transit projects that the county led or partnered with other agencies to complete. It also helped secure another $422 million in federal funding to help complete the CREATE 75th St Corridor Improvement Program (“CIP”) by contributing $107 million in county funds.

Despite those allocations, IRTBA President and CEO Mike Sturino said the county’s roads and bridges face significant infrastructure needs. “Our infrastructure is old and our roads and bridges are deficient,” he said. “It’s in the billions of dollars in infrastructure that need to be taken care of. This ruling requires the county to adjust its budget.”

At trial, Sturino identified projects that rely on transportation tax revenue, including improvements to Interstate 290 and the Blue Line Corridor, the CREATE 75th Street Corridor freight rail program on Chicago’s Southwest Side, Vision Zero pedestrian and bicycle safety initiatives, columbus oh dump truck work to improve I-190 for O’Hare International Airport access, bridge safety improvements, and accelerated ADA-compliant transit and pedestrian infrastructure across the county. 

The industry coalition includes the American Council of Engineering Companies of Illinois, Associated General Contractors of Illinois,  Chicagoland Associated General Contractors,Illinois Concrete Pipe Association, Federation of Women Contractors, Great Lakes Contractors Association, Illinois Asphalt Pavement Association, Illinois Association of Aggregate Producers, Illinois Ready Mixed Concrete Association, and Underground Contractors Association. 

Annemarie Mannion is editor of ENR Midwest, which covers 11 states. She joined ENR in 2022 and reports from Chicago.