Illinois Transportation Taxes and Fees Lockbox Amendment | |
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Election date November 8, 2016 | |
Topic State and local government budgets, spending and finance | |
Status Approved | |
Type Constitutional amendment | Origin State legislature |
2016 measures |
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November 8 |
Transportation Lockbox Amendment |
Polls |
Voter guides |
Campaign finance |
Signature costs |
The Illinois Transportation Taxes and Fees Lockbox Amendment was on the November 8, 2016, ballot in Illinois as a legislatively referred constitutional amendment. It was approved.
A "yes" vote supported this amendment to prohibit lawmakers from using transportation funds for anything other than their stated purpose. |
A "no" vote opposed this amendment to prohibit lawmakers from using transportation funds for anything other than their stated purpose. |
Illinois Transportation Taxes and Fees Lockbox Amendment | ||||
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Result | Votes | Percentage | ||
Yes | 3,796,654 | 78.91% | ||
No | 1,014,461 | 21.09% |
Voters in Maryland and Wisconsin approved transportation lockbox measures in 2014, and California voters approved a lockbox measure relating to local government, public safety, and transportation funds in 2010.
The amendment was designed to prohibit the Illinois Legislature from using transportation funds for non-transportation related projects. Specifically, legislators were permitted to spend revenue derived from taxes, excises, fees, or licenses on vehicles, fuels, transportation infrastructure, and transportation operations on transportation costs and projects.
Citizens to Protect Transportation Funding, the campaign in support of the amendment, raised $3.8 million. About 26 percent of contributions came from the Fight Back Fund, which donated $1 million. Opponents did not organize a campaign. The state's largest newspaper, the Chicago Tribune, recommended a "No" vote. Polls indicated that around 80 percent of Illinoisans supported the amendment prior to the election.
The ballot title was as follows:[1]
“ | The proposed amendment adds a new section to the Revenue Article of the Illinois Constitution. The proposed amendment provides that no moneys derived from taxes, fees, excises, or license taxes, relating to registration, titles, operation, or use of vehicles or public highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, or airports, or motor fuels, including bond proceeds, shall be expended for other than costs of administering laws related to vehicles and transportation, costs for construction, reconstruction, maintenance, repair, and betterment of public highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or other forms of transportation, and other statutory highway purposes, including the State or local share to match federal aid highway funds. You are asked to decide whether the proposed amendment should become part of the Illinois Constitution.[2] | ” |
The ballot summary was as follows:[1]
“ |
The proposed amendment adds a new Section to the Revenue Article of the Illinois Constitution that provides revenue generated from transportation related taxes and fees (referred to as “transportation funds”) shall be used exclusively for transportation related purposes. Transportation related taxes and fees include motor fuel taxes, vehicle registration fees, and other taxes and user fees dedicated to public highways, roads, streets, bridges, mass transit (buses and rail), ports, or airports. Under the proposed amendment, transportation funds may be used by the State or local governments only for the following purposes: (1) costs related to administering transportation and vehicle laws, including public safety purposes and the payment of obligations such as bonds; (2) the State or local share necessary to secure federal funds or for local government transportation purposes as authorized by law; (3) the construction, reconstruction, improvement, repair, maintenance, and operation of highways, mass transit, and railroad crossings; (4) expenses related to workers’ compensation claims for death or injury of transportation agency employees; and (5) to purchase land for building highways or buildings for to be used for highway purposes. This new Section is a limitation on the power of the General Assembly or a unit of local government to use, divert, or transfer transportation funds for a purpose other than transportation. It does not, and is not intended to, impact or change the way in which the State and local governments use sales taxes, including the sales and excise tax on motor fuel, or alter home rule powers granted under this Constitution. It does not seek to change the way in which the State funds programs administered by the Illinois Secretary of State, Illinois Department of Transportation, and operations by the Illinois State Police directly dedicated to the safety of roads, or entities or programs funded by units of local government. Further, the Section does not impact the expenditure of federal funds, which may be spent for any purpose authorized by federal law.[2] |
” |
Illinois Constitution |
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Preamble |
Articles |
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • Schedule |
The measure added a Section 11 to Article IX of the Illinois Constitution. The following text was added:[3] Note: Use your mouse to scroll over the text below to see the full text.
Section 11. Transportation Funds (a) No moneys, including bond proceeds, derived from taxes, fees, excises, or license taxes relating to registration, title, or operation or use of vehicles, or related to the use of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or to fuels used for propelling vehicles, or derived from taxes, fees, excises, or license taxes relating to any other transportation infrastructure or transportation operation, shall be expended for purposes other than as provided in subsections (b) and (c). (b) Transportation funds may be expended for the following: the costs of administering laws related to vehicles and transportation, including statutory refunds and adjustments provided in those laws; payment of highway obligations; costs for construction, reconstruction, maintenance, repair, and betterment of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or other forms of transportation; and other statutory highway purposes. Transportation funds may also be expended for the State or local share of highway funds to match federal aid highway funds, and expenses of grade separation of highways and railroad crossings, including protection of at-grade highways and railroad crossings, and, with respect to local governments, other transportation purposes as authorized by law. (c) The costs of administering laws related to vehicles and transportation shall be limited to direct program expenses related to the following: the enforcement of traffic, railroad, and motor carrier laws; the safety of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, or airports; and the construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways, under any related provisions of law or any purpose related or incident to, including grade separation of highways and railroad crossings. The limitations to the costs of administering laws related to vehicles and transportation under this subsection (c) shall also include direct program expenses related to workers' compensation claims for death or injury of employees of the State's transportation agency; the acquisition of land and the erection of buildings for highway purposes, including the acquisition of highway rights-of-way or for investigations to determine the reasonable anticipated future highway needs; and the making of surveys, plans, specifications, and estimates for the construction and maintenance of flight strips and highways. The expenses related to the construction and maintenance of flight strips and highways under this subsection (c) are for the purpose of providing access to military and naval reservations, defense-industries, defense-industry sites, and sources of raw materials, including the replacement of existing highways and highway connections shut off from general use at military and naval reservations, defense-industries, and defense-industry sites, or the purchase of rights-of-way. (d) None of the revenues described in subsection (a) of this Section shall, by transfer, offset, or otherwise, be diverted to any purpose other than those described in subsections (b) and (c) of this Section. (e) If the General Assembly appropriates funds for a mode of transportation not described in this Section, the General Assembly must provide for a dedicated source of funding. (f) Federal funds may be spent for any purposes authorized by federal law.[2] |
Citizens to Protect Transportation Funding led the campaign in support of the measure. The group called the measure "The Safe Roads Amendment."[4]
Rep. Brandon Phelps (D-118) sponsored the amendment in the Illinois Legislature.
Citizens to Protect Transportation Funding's “When"
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Todd Maisch, CEO and President of the Illinois Chamber of Commerce, told Progress Illinois the following about the amendment:[13]
“ |
The Illinois Chamber of Commerce applauds the unanimous Senate vote today for putting the Lockbox Amendment--an Illinois Chamber initiative--on the November ballot. This constitutional amendment, HJRCA 36, will protect monies collected for transportation infrastructure, and ensure that they are only spent on road, rail and bridge projects [...] Since 2003, more than $6.4 billion has been swept from the state's Road Fund, and this Lockbox Amendment can stop that.[2] |
” |
The Illinois-Indiana-Iowa Foundation for Fair Contracting wrote the following in support of the amendment in its Spring/Summer 2016 issue of its newsletter, The Monitor:[14]
“ | Establishing the lockbox is necessary to maintain Illinois’transportation systems due to the state continuously diverting money away from the road fund. [...] If no action is taken to raise revenue forinfrastructure needs,the statewill lose an additional $110 billion over ten years in vehicle repairs and congestion costs. Illinois is in dire need of investments in infrastructure, which in turn will promote business and economic growth. Tell everyone to vote yes on the Safe Roads Amendment.[2] | ” |
The argument in support of the amendment found in the Illinois voter guide was:[1]
“ | Historically, the State and units of local government have used portions of revenue from transportation funds for other purposes. Approval of this amendment will ensure that transportation funds are used only for transportation purposes. This limitation provides a dedicated source of funding for projects that will increase the quality of Illinois’ roads, bridges, bridge and road safety inspections, and mass transit. Improving the quality of our roads and highways will help reduce accidents and damage to vehicles caused by road conditions or hazards.[2] | ” |
The following legislators voted "nay" on HJRCA 36 during its final reading in the Illinois House of Representatives:[15]
Rep. Barbara Flynn Currie (D-25), Rep. Laura Fine (D-17), Rep. Elaine Nekritz (D-57), Rep. Pamela Reaves-Harris (D-10) were the four legislators who voted against placing the amendment on the ballot. In an op-ed, the legislators explained their reasoning:[18]
“ | We were the four votes in the General Assembly against placing this question on the ballot. We did so not because we don’t value transportation as a critical component of a strong economy. Without a doubt, there should be strong protections for investment in our road, bridges, ports, and rails.
But experience has demonstrated that unexpected events can have drastic impacts on our state budget. A major natural disaster or economic turmoil can blow huge holes in a budget, even in states in healthy financial condition - which Illinois is decidedly not. This amendment would severely curtail the ability of the state to react to these types of events. If a school can’t open because of insufficient funding, what good is the new state road that runs by? How are farmers served by new bridges if our state universities aren’t educating the next generation of agricultural experts? A new bus or train line won’t help a young parent get to her job or class if she can’t afford safe, reliable childcare. Other states that have passed transportation funding lockboxes, such as Maryland, have release valves for emergencies. There, the governor and a supermajority of legislators can declare a fiscal emergency. In that instance, the threshold for tapping into transportation funds for general purposes can only be reached when there is broad consensus for the need to do so. The proposed Illinois amendment is missing a safety valve. Constitutions are meant to be broad documents. State governments are intended to serve as laboratories of democracy. Enshrining this type of language in our state’s core legal document undermines the ability of elected officials in the future to respond to the challenges of the day.[2] |
” |
Greg Hinz, politics and government columnist for Crain's Chicago Business, argued:[19]
“ | A few decades ago, with good intentions, Illinois added a restrictive spending section to its constitution. It's known as the pension clause, and, largely thanks to it, paying workers excessive retirement benefits now is a higher priority than schools, health care, law enforcement and other needs.
The Safe Roads Amendment is the pension clause on steroids. Vote "no."[2] |
” |
Jim Dey, an author for the News-Gazette, wrote the following in a column about HJRCA 36:[20]
“ | The amendment is unnecessary. All legislators have to do to stop raids on the transportation fund is to stop raiding the transportation fund.[2] | ” |
The argument in opposition to the amendment in the Illinois voter guide was:[1]
“ | Approval of the proposed amendment unnecessarily limits the power of the State and local governments to appropriate public revenues for the general welfare of all Illinoisans in order to protect funding for one particular purpose - transportation. Our elected officials should be asked to prioritize the use of public funds, but this amendment would restrict their ability to spend funds as the elected officials and taxpayers deem fit. As a result, elected officials may be asked to reduce funding for other priorities, such as education or social service programs.[2] | ” |
Voters in California approved a ballot initiative, Proposition 22, in 2010 that prohibited the California State Legislature from allocating revenue from fuel taxes in specific funds to the state's general fund.[21]
In 2014, voters in Maryland and Wisconsin decided on transportation fund lockbox measures. Maryland's Question 1 established a transportation fund defined by the state constitution, required that the fund's revenue only be used for transportation-related projects, and required that the revenue not be transferred (with certain exceptions). Wisconsin's Question 1 required that transportation-related revenue could only be used for projects under the purview of the Wisconsin Department of Transportation. Both measures were approved.
Illinois and New Jersey voted on transportation lockbox measures in 2016. The amendment to the Illinois Constitution was designed to prohibit the state legislature from using transportation funds for non-transportation related projects. Citizens to Protect Transportation Funding, the support campaign, spent $3.8 million to help the amendment pass. New Jersey Question 2 pitted Gov. Chris Christie, an amendment supporter, against his lieutenant governor, Kim Guadagno, who opposed the amendment. Voters approved the measure 54.5 to 45.5 percent. Question 2 required that all revenue derived from taxes on motor fuels be deposited into the Transportation Trust Fund. Louisiana voters approved Amendment 3, a transportation lockbox measure, in October 2017.
The following table illustrates the outcome of each transportation lockbox amendment:
State | Initiative | Year | Percent “Yes” | Percent “No” |
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California | Proposition 22 | 2010 | 60.62% | 39.38% |
Maryland | Question 1 | 2014 | 81.65% | 18.35% |
Wisconsin | Question 1 | 2014 | 79.94% | 20.06% |
New Jersey | Question 2 | 2014 | 54.51% | 45.49% |
Illinois | Amendment | 2016 | 78.91% | 21.09% |
Louisiana | Amendment 3 | 2017 | 53.13% | 46.87% |
Average | 68.13% | 31.87% |
The Illinois Transportation Taxes and Fees Lockbox Amendment was the first ballot measure ever in the state to address the topic of state and local government budgets, spending, and finance.
Total campaign contributions: | |
Support: | $3,780,860.62 |
Opposition: | $0.00 |
As of January 17, 2017, one ballot question committee, Citizens to Protect Transportation Funding, registered to support the amendment.[22] The committee received $3,774,140.22 in contributions.
PAC | Amount raised | Amount spent |
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Citizens to Protect Transportation Funding | $3,780,860.62 | $3,775,779.60 |
Total | $3,780,860.62 | $3,775,779.60 |
The following are the five top donors who contributed to Citizens to Protect Transportation Funding as of January 17, 2017:[22]
Donor | Amount |
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Fight Back Fund | $1,000,000.00 |
Excavators, Inc. | $300,001.00 |
Carpentry Advancement Fund | $250,000.00 |
Illinois Road & Transportation Builders Association | $200,000.00 |
Great Lakes Region Organizing Committee | $200,000.00 |
Illinois Transportation Taxes and Fees Lockbox Amendment (2016) | |||||||||||||||||||
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Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
Paul Simon Public Policy Institute 9/27/2016 - 10/2/2016 | 80.0% | 13.0% | 7.0% | +/-3.3 | 865 | ||||||||||||||
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. |
The Illinois General Assembly was required to pass the amendment by a 60 percent majority vote in both chambers in order to place the amendment on the ballot. HJRCA 36 was approved by the Illinois House on April 22, 2016, with 98 "yeas" and four "nays." The amendment was unanimously approved by the Illinois Senate on May 5, 2016.[35]
April 22, 2016
Illinois HJRCA 36 House Vote | ||||
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Result | Votes | Percentage | ||
Yes | 98 | 96.08% | ||
No | 4 | 3.92% |
May 5, 2016
Illinois HJRCA 36 Senate Vote | ||||
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Result | Votes | Percentage | ||
Yes | 55 | 100.00% | ||
No | 0 | 0.00% |
Demographic data for Illinois | ||
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Illinois | U.S. | |
Total population: | 12,839,047 | 316,515,021 |
Land area (sq mi): | 55,519 | 3,531,905 |
Race and ethnicity** | ||
White: | 72.3% | 73.6% |
Black/African American: | 14.3% | 12.6% |
Asian: | 5% | 5.1% |
Native American: | 0.2% | 0.8% |
Pacific Islander: | 0% | 0.2% |
Two or more: | 2.2% | 3% |
Hispanic/Latino: | 16.5% | 17.1% |
Education | ||
High school graduation rate: | 87.9% | 86.7% |
College graduation rate: | 32.3% | 29.8% |
Income | ||
Median household income: | $57,574 | $53,889 |
Persons below poverty level: | 16.8% | 11.3% |
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Illinois. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. |
Illinois voted for the Democratic candidate in all six presidential elections between 2000 and 2020.
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, 11 are located in Illinois, accounting for 5.34 percent of the total pivot counties.[36]
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Illinois had 11 Retained Pivot Counties, 6.08 percent of all Retained Pivot Counties.
More Illinois coverage on Ballotpedia
The link below is to the most recent stories in a Google news search for the terms Illinois Transportation Funds Amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
This type of measure is called a "lockbox" measure, which is designed to give voters the opportunity to say that funds raised for or by a certain purpose must be spent in that general area as well. The overall concept of a "lockbox" is to prevent fees and other revenue that is generated through one use from ending up in the state's general operations budget, instead ensuring that those funds are spent in a way related to how they were generated.
The following statewide "lockbox" measures qualified for the November 2016 ballot:
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