ABATE of Illinois, Inc. v. Quinn
957 N.E.2d 876
Ill.2011Background
- CRSTF created under the Cycle Rider Safety Training Act; funds later designated as a trust outside the State treasury by 1993 amendment.
- 1992–93 amendments converted CRSTF to a trust outside the treasury and altered transfer provisions, removing regular transfers to the Road Fund.
- FY2004 and FY2005 Budget Implementation Acts authorized sweeping CRSTF funds into the General Revenue Fund, prompting a constitutional challenge.
- Plaintiffs alleged that sweeping CRSTF funds (and other funds) violated takings, contracts, and constitutional provisions.
- Lower courts upheld the transfers as constitutional, and the appellate court affirmed; the Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BIMPs sweeping CRSTF funds to GRF are constitutional. | CRSTF is irrevocable; transfer violates takings. | CRSTF funds are public; not irrevocable; legislature may transfer. | Transfers constitutional; not a taking. |
| Whether CRSTF is an irrevocable trust restricting future legislatures’ transfers. | CRSTF is irrevocable; transfers violate the trust. | CRSTF is not irrevocable; plenary legislative power remains. | CRSTF is not an irrevocable private trust; transfers permitted. |
| Whether amending the CRST Act is required to authorize transfer from CRSTF. | Legislation must amend the CRST Act to allow sweeps. | Legislature may effect transfers without amending the Act. | Amendment not required; separate legislation can authorize sweeps. |
Key Cases Cited
- Department of Public Welfare v. Haas, 15 Ill.2d 204 (1958) (legislature can reallocate funds between funds)
- Valstad v. Cipriano, 357 Ill.App.3d 905 (2005) (transfer from special funds to GRF generally within authority)
- Terra-Nova Investments v. Rosewell, 235 Ill.App.3d 330 (1992) (legislature may transfer funds to GRF; public funds question arises)
- Choose Life Illinois, Inc. v. White, 547 F.3d 853 (7th Cir.2008) (legislative power over appropriations not bound by irrevocable trusts)
- National R.R. Passenger Corp. v. Atchison, Topeka & Santa Fe Ry. Co., 470 U.S. 451 (1985) (legislature's policy power inherently revisionary; cannot bind future legislatures)
- Boyce v. Barber, 127 Ohio St.3d 511 (2010) (no general assembly can bind future legislatures; irrevocable trust theory rejected in Ohio)
- Barber v. Ritter, 196 P.3d 238 (Colo.2008) (plenary appropriations power cannot be irrevocably bound by trust provisions)