Some old-fashioned political horse trading in Springfield and a long-standing political feud in Du Page County apparently are joining forces to forestall a legislative quick fix to restore the gasoline tax to three collar counties.
Du Page County Board Chairman Aldo E. Botti called Tuesday for speedy legislative action to return the power to levy a gas tax, declared unconstitutional last week, to Du Page, Kane and McHenry Counties. Botti challenged Senate President James “Pate” Philip (R-Wood Dale) to use his leadership powers to this end.
But there appears to be no rush in the General Assembly to comply, even though the three collar counties rely on the tax for their road programs and Lake County would like to impose a similar tax.
Gene L. Hoffman, a lobbyist for Du Page County, said the reason for the inaction is that House Speaker Michael Madigan (D-Chicago) “has tied it up.”
Madigan has at least four major items on his wish list to trade with suburban Republicans on the gas tax and other priorities, Hoffman said.
But Steve Brown, a spokesman for Madigan, responded: “It’s hard to quash something when nobody’s introduced a bill. I’m not aware we have any position on it. It’s not something anybody’s talked to us about.”
Botti, meanwhile, also charged that Philip, who helped pass the gas tax bill in 1989 and has the clout to rescue it now, would not do so because he wants archrival Botti to sweat out a difficult financial situation.
Philip’s press secretary said Philip was out of state and would look into the matter when he returned.
Warren Kammerer, Kane County Board chairman, said that if political dealmaking is afoot, “I would hope that Mr. Madigan would recognize that he shouldn’t play games with people’s lives. We’re talking about heavily traveled roads. They’re dangerous, and we would like the ability to make improvements.”
McHenry County Board Chairman Dianne Klemm said that if the gas tax issue is tied up in politics, “the only way around it is horse trading. That’s what Springfield is all about. . . . I don’t know right now what could be traded for it, but something will come up.”
Sources close to legislative issues, however, said a leadership vacuum exists both in Botti’s office and in the County Board room, and no one was stepping forth to press for the gasoline tax measure. Without such pressure, the legislators seemed unwilling to move on the proposal, they said.
Du Page Board member Barbara Purcell, head of the Legislative Committee, said it is essential to get the tax “reinstated to continue the economic stability of the county and surrounding areas.”
Otherwise, Purcell said, “our roads will not be up to the standards people have become accustomed to.”
State’s Atty. James E. Ryan is to meet this week with County Board members about the matter, a Ryan aide said, adding that he felt sure an appeal of the court ruling would ensue.
Cook County Judge Earl Arkiss on Friday declared the tax unconstitutional because of the narrow wording of the law, which applies to the three counties only.
That is called special legislation, and it is prohibited by the state Constitution. Arkiss’ ruling was expected because of preliminary decisions he had made. The case was heard in Cook County because that is where the tax money is collected by the state on behalf of the counties.
Millions of dollars in such tax funds have piled up in a reserve account pending his decision and will continue to do so until the case has been disposed of on appeal or dropped by the counties.
Purcell said it is up to the leadership in Springfield-Philip and House Minority Leader Lee A. Daniels (R-Elmhurst)-to get the tax back, no matter what vehicle they have to use to do it.
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Dale Duda, spokeswoman for Daniels, said he was “always willing to work with the county, but we have not heard anything as to what they want us to do.”
The deadline has passed for introducing bills in the legislature, but amendments and “emergency measures” are always a way to circumvent that roadblock.
Because the gas tax case could be appealed to the Illinois Supreme Court, and because most big deals are cut in the legislature in the hectic closing hours of the spring session, there’s no stampede to resurrect the tax now, several officials said.
And that is where Madigan enters the equation, with his own package of measures he wants adopted to help Chicago.
They include helping fund the Chicago public school system, paying for some of the overrun on the city’s new 911 emergency telephone system, preserving the municipal share of the state income tax surcharge, and bailing out the Chicago Skyway, Hoffman said.
Du Page has relied on the 4-cent-a-gallon gasoline tax for more than one-third of its highway funds. Politicians would have to scramble to find a palatable replacement for the millions of dollars involved, or make the equally difficult decision to cut back on roadwork.
In Kane and McHenry Counties, with gasoline taxes of 2 cents a gallon, the prospect of losing the funds has been equally distressing, highway officials said.
Kammerer said Kane County officials are putting together wording for possible legislation to restore the gas tax, and would try to meet with legislators later this month in Springfield.
But Kammerer advised patience: “Any time you expect immediate action from the legislature, you’re going to be disappointed.”
Klemm predicted that new legislation likely would not be proposed until an appeal from the current lawsuit is resolved, probably in time for the fall legislative session.
Lake County has been considering seeking authority for a gas tax but held back because of the constitutional challenge, which was filed by a Du Page resident. Botti, though he opposed the gas tax when it was passed before he became chairman in 1990, charged that the lawsuit was political, designed to weaken the road program and make him look bad.
There is about $6.5 million in the special account awaiting a final court decision or new legislation to determine whether the money will go to roads or back to motorists. The tax produces about $1 million a month for Du Page.
Some Du Page officials have said the way out is to allow all 102 counties in Illinois to impose such a tax, removing the stigma of special legislation.
Daniels’ spokeswoman said that even though the legislation authorizing the local gas tax was flawed, Daniels and others supported it initially at the behest of then-County Board Chairman Jack T. Knuepfer.