By Michael T. Reagan, The Law Offices of Michael T. Reagan In Wirtz v. Quinn, Justice Burke wrote for a unanimous court in reversing the appellate court’s Opinion which had declared the 2009 Capital Projects Acts unconstitutional. This Opinion will serve as a modern Baedeker for the law of legislative drafting. This action, brought by Rockwell Wirtz and Wirtz Beverage Illinois, LLC, on behalf of taxpayers generally, was initiated by a complaint seeking to enjoin the disbursement of public funds pursuant to 735 ILCS 5/11-303. The statute requires that the action be commenced by filing a petition for leave to file, and requires that the circuit court find reasonable ground for filing before the complaint may be filed. The circuit court concluded that reasonable ground did not exist, and denied the petition. The appellate court found that PA 96-34 "An Act Concerning Revenue" violated Article IV, § 8(d) of the Illinois Constitution of 1970, the single subject clause. The remaining three acts, consisting of an Appropriation Bill, a Trailer Bill and a Budget Implementation Bill, each expressly provided that it was passed contingent upon PA 96-34 becoming law. Because the appellate court found that PA 96-34 was void in its entirety, the remaining three bills were found to fall as well because of that contingency. The appellate court did not then have occasion to take up any of the other constitutional challenges to the bills. The supreme court granted the Petition for Leave to Appeal filed by the numerous governmental defendants and handled the case in a compressed timeframe. The supreme court reversed the appellate court’s holding that PA 96-34 violated the single subject clause. Then, in the interest of judicial economy, and perhaps in recognition of the practical fiscal importance of this dispute, the court addressed all of the other constitutional challenges pled in the taxpayers’ complaint, rather than remanding the case to the appellate court.

Illinois State Bar Association members are being offered up to a 25% discount on tickets to Cirque du Soleil's OVO. OVO is an acrobatic immersion into the teeming and energetic world of insects. This performance is at the Grand Chapiteau at the United Center parking lot, 1901 W. Madison. The show runs through Aug. 14. View discounts and purchase tickets. Questions regarding this offer can be answered by calling customer service at (800) 331-6483.

ISBA's Director of Legislative Affairs Jim Covington reports from Springfield on seven new public acts that Gov. Quinn has signed. New laws affect worker's compensation, transfers on death, court's witness, students, juvenile justice, FOIA and insurance law.

As a benefit to ISBA members, Dell has a special offer on computer products in July. A $75 off coupon is attached. As a reminder, the member purchase program allows your members to: Save up to 30% on personal purchases. 10% off Dell Mobility purchases Dell financing available to qualified customers. Always reach a live person Monday–Sunday, 8 a.m.–9 p.m. at (877) 587-3355.