appropriations clause (Illinois) · Go Syfert
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appropriations clause in Illinois

10 Illinois opinions name it 2 courts 2005–2023 1 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People v. Whitegreen
ill · 2011 · cited in 3 Illinois opinions naming this issue, 2016–2016
2 sentences

2016See People v. White, 2011 IL 109689, ¶ 153 (courts of review should exercise judicial restraint, particularly when constitutional issues are involved, and not make unnecessary law). ¶ 55 CONCLUSION ¶ 56 For all the reasons discussed above, we hold that section 21 of the Act, when considered in light of the appropriations clause, evinces a well-defined and dominant public policy under which multiyear collective bargaining agreements are subject to the appropriation power of the State, a power which may only be exercised by the General Assembly.

2016See People v. White, 2011 IL 109689, ¶ 153 (courts of review should exercise judicial restraint, particularly when constitutional issues are involved, and not make unnecessary law). ¶ 55 CONCLUSION ¶ 56 For all the reasons discussed above, we hold that section 21 of the Act, when considered in light of the appropriations clause, evinces a well-defined and dominant public policy under which multiyear collective bargaining agreements are subject to the appropriation power of the State, a power which may only be exercised by the General Assembly.

33
Jorgensen v. Blagojevichgreen
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See Jorgensen, 211 Ill. 2d 286 (discussed supra ¶ 48).

2017See Jorgensen, 211 Ill. 2d 286 (discussed supra ¶ 48).

22
State of Illinois v. American Federation of State, County & Municipal Employees, Council 31green
ill · 2016 · cited in 4 Illinois opinions naming this issue, 2017–2018
2 sentences

2017This contractual contingency was also consistent with the law, namely, the appropriations clause, State Lawsuit Immunity Act, Court of Claims Act, and the State Comptroller Act. ¶ 71 In that regard, we are guided by our supreme court’s decision in State v. AFSCME, 2016 IL 118422, ¶ 52 .

2017This contractual contingency was also consistent with the law, namely, the appropriations clause, State Lawsuit Immunity Act, Court of Claims Act, and the State Comptroller Act. - 28 - 1-16-2471 ¶ 71 In that regard, we are guided by our supreme court’s decision in State v. AFSCME, 2016 IL 118422, ¶ 52 .

14
Keefe-Shea Joint Venture, Inc. v. City of Evanstongreen
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Keefe-Shea Joint Venture v. City of Evanston, 332 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Afl-Cio (Afscme) v. Dept. of Cent. Mgt. green
ill · 1996
2 sentences

2016To vacate an arbitration award on this basis, a court first determines “whether a well-defined and dominant public policy can be identified” and, if so, “whether the arbitrator’s award, as reflected in his interpretation of the agreement, violated the public policy.” AFSCME v. CMS, 173 Ill. 2d at 307-08 . ¶ 42 Because Illinois public policy finds expression, first and foremost, in our state constitution, we begin our analysis there, turning our attention to the appropriations clause.

2016To vacate an arbitration award on this basis, a court first determines “whether a well-defined and dominant public policy can be identified” and, if so, “whether the arbitrator’s award, as reflected in his interpretation of the agreement, violated the public policy.” AFSCME v. CMS, 173 Ill. 2d at 307-08 . ¶ 42 Because Illinois public policy finds expression, first and foremost, in our state constitution, we begin our analysis there, turning our attention to the appropriations clause.

32016–2016
State v. American Federation of State, County, and Municipal Employees neutral
illappct · 2014
2 sentences

2016Section 21 is thus consistent with the appropriations clause of the Illinois Constitution and reinforces the public policy of this state under which the power to appropriate for the expenditure of public funds is unique to the General Assembly. ¶ 46 The appellate court held, however, that because the statutory definition of “employer” expressly excludes the General Assembly (5 ILCS 315/3(o) (West 2014)), multiyear collective bargaining agreements with the State are not subject to the General Assembly’s appropriation power. 2014 IL App (1st) 130262 , ¶¶ 32-33.

2016Section 21 is thus consistent with the appropriations clause of the Illinois Constitution, and reinforces the public policy of this state under which the power to appropriate for the expenditure of public funds is unique to the General Assembly. ¶ 46 The appellate court held, however, that because the statutory definition of “employer” expressly excludes the General Assembly (5 ILCS 315/3(o) (West 2014)), multiyear collective bargaining agreements with the State are not subject to the General Assembly’s appropriation power. 2014 IL App (1st) 130262 , ¶¶ 32-33.

32016–2016
People v. Norris green
illappct · 2002
2 sentences

2005That clause does not "invalidate provisions for the distribution of public funds in a bill consisting otherwise of substantive laws." Norris , 328 Ill.

2005That clause does not “invalidate provisions for the distribution of public funds in a bill consisting otherwise of substantive laws.” Norris, 328 Ill.

22005–2005

Statutes the citing opinions construe

IL § 5 ILCS 315/2 (5) IL § 5 ILCS 315/21 (5) IL § 735 ILCS 5/2-615 (5) IL § 15 ILCS 20/50-5 (3) IL § 5 ILCS 315/3 (3) IL § 710 ILCS 5/1 (3) IL § 735 ILCS 5/2-619 (3) IL § 735 ILCS 5/2-619.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 10 (2005–2023) NC 5 (2020–2025) NJ 4 (1971–2015) OK 2 (1990–1991)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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