Arangold Corp. v. Zehnder

718 N.E.2d 191, 187 Ill. 2d 341, 240 Ill. Dec. 710, 1999 Ill. LEXIS 955
CourtIllinois Supreme Court
DecidedJuly 1, 1999
Docket85366
StatusPublished
Cited by168 cases

This text of 718 N.E.2d 191 (Arangold Corp. v. Zehnder) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arangold Corp. v. Zehnder, 718 N.E.2d 191, 187 Ill. 2d 341, 240 Ill. Dec. 710, 1999 Ill. LEXIS 955 (Ill. 1999).

Opinions

JUSTICE BILANDIC

delivered the opinion of the court:

The central issue in this appeal is whether the General Assembly violated the single subject requirement of the Illinois Constitution of 1970 (Ill. Const. 1970, art. IV § 8(d)) when it enacted Public Act 89—21 (Pub. Act 89—21, eff. June 6, 1995; July 1, 1995; January 1, 1996). Public Act 89—21 is the Eighty-Ninth General Assembly’s state budget implementation act for fiscal year 1996. The plaintiff, Arangold Corporation, doing business as Arangold Cigar Company, brought this action in the circuit court of Cook County to enjoin the enforcement of a tobacco tax that was enacted as part of Public Act 89—21, and to recover those monies that it had paid under protest toward the tax. The plaintiff sought a summary judgment that Public Act 89—21 is unconstitutional because the General Assembly violated the single subject rule in enacting it. The circuit court agreed and granted summary judgment for the plaintiff. The defendants, Director of Revenue Kenneth E. Zehnder, State Treasurer Judy Baar Topinka, and the Department of Revenue, appeal directly to this court (134 Ill. 2d R. 302(a)). For the reasons that follow, we hold that Public Act 89 — 21 does not violate the single subject requirement. We therefore reverse the circuit court’s grant of summary judgment to the plaintiff.

BACKGROUND

Proceedings and Decision of the Circuit Court

The plaintiff is a wholesale tobacco distributor. It brought this action as a challenge to the Tobacco Products Tax Act of 1995 (Tobacco Tax Act) (35 ILCS 143/10—1 et seq. (West 1996)), which was enacted as part of Public Act 89—21. The plaintiff originally argued that the Tobacco Tax Act violated the due process and equal protection clauses of the United States and Illinois Constitutions, and also violated the uniformity requirement and the special legislation prohibition of the Illinois Constitution. The plaintiff moved for summary judgment on those four counts in July of 1996. The circuit court denied that motion on July 3, 1997.

Meanwhile, on June 27, 1997, the plaintiff obtained leave to amend its complaint to add a fifth count. The plaintiff then alleged that Public Act 89—21 is invalid because it does not comply with the single subject requirement of the Illinois Constitution. The plaintiff moved for summary judgment on this claim. The circuit court granted the plaintiffs motion and held Public Act 89—21 unconstitutional in its entirety because it violates the. single subject rule.

In rendering its decision, the court conceded the possibility that the provisions of Public Act 89 — 21 are “related in some fashion” to “balancing the state budget.” Nonetheless, the court stated, “the single subject rule requires more, namely, that the provisions be related to each other.” The court concluded that the provisions within Public Act 89 — 21 are not related to each other. As an example, the court discussed the Tobacco Tax Act, which, the court found, stands “alone and apart from every other provision,” “unrelated to the first amendment in the Act, *** unrelated to the last amendment in the Act, *** and *** unrelated to most if not all of the numerous provisions in between.”

Lastly, the court rejected the defendants’ argument that its decision invalidating Public Act 89 — 21 be given prospective effect only. The court stated that its decision was not based on a new principle of law. Although the court admitted that “the wide-ranging effects of declaring Public Act 89 — 21 to be unconstitutional are indeed chilling and contrary to the critical public interest in the orderly administration of government,” it concluded that this factor alone did not warrant limiting the effect of its decision.

Based on its conclusion that Public Act 89 — 21 is invalid in its entirety for violating the single subject rule, the court entered a final judgment for the plaintiff. That judgment was appealed directly to this court pursuant to Supreme Court Rule 302(a), which provides for direct appeal from final judgments of the circuit courts in cases in which an Illinois statute has been held invalid. See 134 Ill. 2d R. 302(a).

Enactment of Public Act 89 — 21

When Public Act 89 — 21 originated in the Senate as Senate Bill 465, its short title was “FY1996 Budget Implementation Act” and its “purpose and subject” were to “make the changes in State programs that are necessary to implement the Governor’s FY1996 budget recommendations.” The bill proceeded through the legislative process. A joint conference committee was appointed after the Senate and the House failed to agree on the bill’s provisions. After conferring, the committee recommended changing the bill’s title to “An Act concerning State services, amending named Acts,” and also recommended adopting a new and lengthy set of substantive provisions. V 1995 Ill. S.J. 4248-368; VI 1995 Ill. H.J. 6279-398.

Both the Senate and the House debated the report of the conference committee. In the Senate, the sponsor, Senator Maitland, introduced the committee’s report as “the budget implementation language for the FY’96 budget.” 89th Ill. Gen. Assem., Senate Proceedings, May 26, 1995, at 36 (comments of Senator Maitland). Senator Maitland described the major aspects of the report. Other senators followed with criticism of the report. The House sponsor, Representative Ryder, introduced the committee’s report as “the Budget Implementation Act for the fiscal year 1996.” 89th Ill. Gen. Assem., House Proceedings, May 26, 1995, at 102 (comments of Representative Ryder). Representative Ryder generally described the report as containing “the substantive language necessary to implement the budget that we are proposing,” and he outlined the major aspects of the report. Debate ensued in the House in which members criticized and expressed support for the report.

Following the debates, both the Senate and the House voted to adopt the report of the conference committee. I Final Legislative Synopsis & Digest of the 1995 Session of the 89th Ill. Gen. Assem., at 341 (Legis. Synopsis). On June 6, 1995, the Governor approved the bill as Public Act 89—21. Legis. Synopsis at 341; 1995 Ill. Laws 673-807.

The actual state budget was debated and adopted by the legislature on the same day as the budget implementation bill discussed above. The Governor approved the budget bill as Public Act 89—22, also on June 6, 1995. Legis. Synopsis at 567-68; 1995 Ill. Laws 807-1216.

The General Assembly has enacted a state budget implementation bill or bills every year since 1991.

Contents of Public Act 89 — 21

To implement the budget, Public Act 89—21 amended 21 different acts, some extensively and others in minor respects. The amended acts include the State Employees Group Insurance Act of 1971 (5 ILCS 375/1 et seq. (West 1996)), the Illinois Pension Code (40 ILCS 5/1—101 et seq. (West 1996)), the Illinois Act on the Aging (20 ILCS 105/1 et seq. (West 1996)), the Civil Administrative Code of Illinois (20 ILCS 405/64 et seq.

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Cite This Page — Counsel Stack

Bluebook (online)
718 N.E.2d 191, 187 Ill. 2d 341, 240 Ill. Dec. 710, 1999 Ill. LEXIS 955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arangold-corp-v-zehnder-ill-1999.