Illinois Official Reports 

Appellate Court

Friedman v. White, 2015 IL App (2d) 140942

Appellate Court 

Caption

NEIL FRIEDMAN, MARK J. SCHACHT, ALAN CHERNOFF, 

PETER VASELOPOULOS, and JEFFREY GOLDBERG,

Plaintiffs-Appellants, v. JESSE WHITE, Secretary of State,

Defendant-Appellee.

District & No. Second District

Docket No. 2-14-0942

Filed

Rehearing denied

August 13, 2015

November 30, 2015

Decision Under 

Review

Appeal from the Circuit Court of Lake County, No. 14-L-187; the 

Hon. Margaret J. Mullen, Judge, presiding.

Judgment Affirmed.

Counsel on

Appeal

David A. Novoselsky, of Novoselsky Law Offices, P.C., of 

Waukegan, for appellants.

Lisa Madigan, Attorney General, of Chicago (Carolyn E. Shapiro, 

Solicitor General, and Laura A. Ward, Assistant Attorney General, of 

counsel), for appellee.

Panel JUSTICE SPENCE delivered the judgment of the court, with opinion.

Justices Hudson and Birkett concurred in the judgment and opinion.
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 OPINION 

¶ 1 Plaintiffs, Neil Friedman, Mark J. Schacht, Alan Chernoff, Peter Vaselopoulos, and Jeffrey 

Goldberg, brought suit against defendant, Jesse White, as Illinois Secretary of State (the State). 

Plaintiffs argued that two surcharges added to the cost of annual motor-vehicle registration, 

specifically a $1 surcharge to fund the Illinois State Police Vehicle Fund and a $2 surcharge to 

fund the Department of Natural Resources (see 625 ILCS 5/3-806 (West 2014)), are 

unconstitutional. The trial court granted the State’s motion to dismiss. We conclude that 

plaintiffs have forfeited their challenge to the $1 charge and that they did not meet their burden 

of showing that the $2 charge is unconstitutional. Therefore, we affirm. 

¶ 2 I. BACKGROUND 

¶ 3 Plaintiffs filed suit on March 18, 2014. They filed an amended complaint on March 20, 

2014. They alleged that they were Illinois residents who owned and registered vehicles in this 

state. They brought the suit as the proposed representatives of a class of such people. Plaintiffs 

challenged the imposition of surcharges under section 3-806 of the Illinois Vehicle Title and 

Registration Law (625 ILCS 5/3-806 (West 2014)). Amendments to that statute created a $1 

surcharge on motor-vehicle registration fees that is deposited into the State Police Vehicle 

Fund and a $2 surcharge that is “deposited into the Park and Conservation Fund for the 

Department of Natural Resources to use for conservation efforts.” Id. Plaintiffs alleged that the 

legislature promulgated these surcharges “for the avowed purpose” of supplementing the

general appropriations necessary to fund the Illinois State Police and the Department of 

Natural Resources (DNR). Plaintiffs alleged that additional charges imposed as part of the 

registration process must be used to offset related services, but that the surcharges at issue 

instead supported unrelated purposes for the general public, thereby constituting an unlawful 

taking. Plaintiffs alleged that the surcharges therefore violated the Illinois Constitution’s due 

process, equal protection (Ill. Const. 1970, art. I, § 2), and uniformity (Ill. Const. 1970, art. IX, 

§ 2) clauses. They sought a declaration that the surcharges were unconstitutional, a refund of 

the surcharges to themselves and others similarly situated, and a payment of interest, costs, and 

attorney fees. 

¶ 4 On May 27, 2014, the State filed a motion to dismiss under sections 2-615 and 2-619 of the 

Code of Civil Procedure (Code) (735 ILCS 5/2-615, 2-619 (West 2014)). The State argued that 

the uniformity clause did not require that the people taxed actually receive a benefit. It argued 

that, even otherwise, the State Police Vehicle Fund paid for state police vehicles to patrol the 

public highways, which motor-vehicle owners used, and the Park and Conservation Fund was 

used for conservation efforts, which, among other things, helped counteract the effects of 

pollution and highway construction. The State argued that, for the same reasons, the 

surcharges were constitutional under the due process and equal protection clauses, as there was 

a rational relationship between the people taxed and the legislation’s goal.

¶ 5 On May 29, 2014, plaintiffs filed a motion for partial summary judgment, requesting a 

declaration that the surcharges were unconstitutional. The following month, plaintiffs filed a 

response to the State’s motion to dismiss, arguing in part that it was an improperly combined 

motion to dismiss and should be treated as a section 2-615 motion. 

¶ 6 A hearing on the motions took place on June 26, 2014. The trial court issued a 21-page 

memorandum ruling on September 5, 2014, which we summarize. The trial court agreed with 
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plaintiffs that the State’s motion to dismiss was an improperly combined motion, so it was 

construing it as a motion to dismiss under section 2-615. Plaintiffs’ complaint was framed as a 

facial challenge to the surcharges’ validity. The surcharges were properly analyzed as taxes 

rather than as compensation for services rendered in renewing license plates. To survive 

scrutiny under the uniformity clause, a nonproperty tax classification must (1) be based on a 

real and substantial difference between the people taxed and those not taxed, and (2) bear some 

reasonable relationship to the object of the legislation or to public policy. If a statute passed 

muster under the uniformity clause, it would satisfy due process and equal protection 

standards. The people subject to the surcharges were those who owned motor vehicles of the 

“first division” (generally, cars and small trucks), autocycles, motorcycles, motor-driven 

cycles, and pedalcycles (collectively, subject vehicles). 625 ILCS 5/3-806 (West 2014). The 

people not taxed were those who did not own motor vehicles and those who owned 

second-division vehicles. The statute required the $1 surcharge to be deposited into the State 

Police Vehicle Fund, which was used to acquire state police vehicles (see 30 ILCS 605/7c 

(West 2014)). Subject-vehicle owners were more likely than other citizens to require the 

assistance of the state police, who patrolled highways in vehicles acquired by funds in the State 

Police Vehicle Fund. Thus, the $1 surcharge on subject-vehicle owners was reasonably related 

to the object of the legislation. It was neither unfair nor unreasonable that people who did not 

own subject vehicles also benefitted from the state police’s services, as the uniformity clause 

was designed to enforce only minimum standards of fairness and reasonableness between 

groups of taxpayers. 

¶ 7 The trial court next examined the $2 surcharge, stating as follows, in relevant part. The $2 

was deposited into the Park and Conservation Fund for the DNR to use for conservation 

efforts. The Department of Natural Resources (Conservation) Law (20 ILCS 805/805-420 

(West 2014)) explicitly provided for the disposition of the funds collected from the surcharges. 

Specifically, 50% was to be used by the DNR for normal operations, and the other 50% was to 

be used for the construction and maintenance of state owned, leased, and managed sites. The 

legislative debates surrounding the enactment of the $2 surcharge established that the evil to be 

remedied was the legislature’s repeated failure to appropriate sufficient funds to support the 

DNR. The surcharge was imposed only on Illinois subject-vehicle owners. While some people 

might walk or bicycle into state-owned park land, it was not unreasonable to conclude that 

many or most visitors to state parks would use subject vehicles. The court continued: 

“Giving the legislature appropriate deference within the confines of the uniformity 

requirement, this court is hard-pressed to find the Act’s classification of car owners as 

the taxed class for the benefit of state parks unreasonable. The legislature may have 

reasonably determined that state parks are most accessible to car travelers. *** [T]here 

is a reasonable relationship between those who are to pay the tax (car owners) and the 

objective of the legislation (to benefit state parks, whose visitors likely arrive by car).”

The court therefore ruled that the $2 surcharge on subject-vehicle owners for the benefit of 

state parks was reasonably related to the object of the legislation. 

¶ 8 The trial court granted the State’s motion to dismiss and denied plaintiffs’ motion for 

partial summary judgment as moot. Plaintiffs timely appealed. 
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¶ 9 II. ANALYSIS 

¶ 10 The trial court granted the State’s motion to dismiss under section 2-615 of the Code. A 

defendant may use a section 2-615 motion to contest the legal sufficiency of a complaint 

alleging that a statute or ordinance is unconstitutional. Consiglio v. Department of Financial & 

Professional Regulation, 2013 IL App (1st) 121142, ¶ 8. At the same time, a section 2-615 

motion is often inappropriate for a uniformity challenge, but it may be used when a 

classification’s reasonableness is determined as a matter of law. Jacobsen v. King, 2012 IL 

App (2d) 110721, ¶ 15. As there are no disputed facts in this case, a section 2-615 motion was 

appropriate. We review de novo an order granting a section 2-615 motion. State of Illinois 

ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844, ¶ 8. Similarly, we review 

de novo a statute’s construction and constitutionality. See Bartlow v. Costigan, 2014 IL 

115152, ¶ 17.

¶ 11 Plaintiffs challenge surcharges under section 3-806, which imposes registration fees on 

motor vehicles of the first division, autocycles, motorcycles, motor-driven cycles, and 

pedalcycles. 625 ILCS 5/3-806 (West 2014). First-division motor vehicles are designed to 

carry 10 or fewer people.1 625 ILCS 5/1-146 (West 2014). The statute imposes a $98 annual 

fee for first-division motor vehicles. 625 ILCS 5/3-806 (West 2014). It imposes a $68 fee for 

autocycles2

 and a $38 fee for motorcycles, motor-driven cycles, and pedalcycles. Id. The 

statute goes on to state: 

“A $1 surcharge shall be collected in addition to the above fees for motor vehicles 

of the first division, autocycles, motorcycles, motor driven cycles, and pedalcycles to 

be deposited into the State Police Vehicle Fund. 

 ***

 A $2 surcharge shall be collected in addition to the above fees for motor vehicles of 

the first division, autocycles, motorcycles, motor driven cycles, and pedalcycles to be 

deposited into the Park and Conservation Fund for the Department of Natural 

Resources to use for conservation efforts. The monies deposited into the Park and 

Conservation Fund under this Section shall not be subject to administrative charges or 

chargebacks unless otherwise authorized by this Act.” Id.

¶ 12 The parties agree that the surcharges at issue must be analyzed as taxes rather than fees 

because the charges are for general revenue purposes rather than compensation for services 

rendered. See Crocker v. Finley, 99 Ill. 2d 444, 452 (1984) (fees are regarded as compensation 

for services rendered whereas taxes are charges assessed to provide general revenue). 

¶ 13 The State notes that in plaintiffs’ amended complaint they argued that both the $1 and $2 

surcharges in section 3-806 were unconstitutional. The State argues that plaintiffs have 

forfeited their challenge to the $1 surcharge because they do not present any argument on that 

surcharge in their brief. We agree. See Ill. S. Ct. R. 341(h)(7) (eff. Feb. 6, 2013) (“Points not 

argued [in the opening brief] are waived and shall not be raised in the reply brief ***.”); see 

also People v. Olsson, 2014 IL App (2d) 131217, ¶ 16 (the failure to clearly define issues and 

support them with authority results in forfeiture of the argument). Tellingly, plaintiffs do not 

 

1

Second-division vehicles, which include, inter alia, those designed for more than 10 people (625 

ILCS 5/1-146 (West 2014)), are subject to different fees. See 625 ILCS 5/3-815 (West 2014). 

2Autocycles were added to the fee schedule effective January 1, 2015. This change does not affect 

plaintiffs’ constitutional arguments.
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even respond to the State’s forfeiture argument in their reply brief. Therefore, we will confine 

our analysis to the $2 surcharge. 

¶ 14 The $2 surcharge is “deposited into the Park and Conservation Fund for the Department of 

Natural Resources to use for conservation efforts.” 625 ILCS 5/3-806 (West 2014). As the trial 

court pointed out, section 805-420 of the Department of Natural Resources (Conservation) 

Law states that the DNR “has the power to expend monies appropriated to the Department 

from the Park and Conservation Fund in the State treasury for conservation and park 

purposes.” 20 ILCS 805/805-420 (West 2014). Section 805-420 directly addresses the 

disposition of the $2 surcharge: 

“Revenue derived from fees paid for the registration of motor vehicles of the first 

division and deposited in the Park and Conservation Fund, as provided for in Section 

3-806 of the Illinois Vehicle Code, shall be expended by the Department for the 

following purposes: 

 (A) Fifty percent of funds derived from the vehicle registration fee shall be used 

by the Department for normal operations. 

 (B) Fifty percent of funds derived from the vehicle registration fee shall be used 

by the Department for construction and maintenance of State owned, leased, and 

managed sites. 

 The monies deposited into the Park and Conservation Fund *** under this Section 

shall not be subject to administrative charges or chargebacks unless otherwise 

authorized by this Act.” Id.

¶ 15 Section 2 of article IX of the Illinois Constitution, known as the uniformity clause, states: 

“In any law classifying the subjects or objects of non-property taxes or fees, the classes shall be 

reasonable and the subjects and objects within each class shall be taxed uniformly.” Ill. Const. 

1970, art. IX, § 2. For a nonproperty tax to survive a uniformity-clause challenge, the tax must: 

(1) be based on a real and substantial difference between the people taxed and those not taxed; 

and (2) bear a reasonable relationship to the object of the legislation or to public policy. Marks 

v. Vanderventer, 2015 IL 116226, ¶ 19. Statutes are presumed to be constitutional, and broad 

latitude is given to legislative classifications for taxing purposes. Allegro Services, Ltd. v. 

Metropolitan Pier & Exposition Authority, 172 Ill. 2d 243, 250 (1996). 

¶ 16 The first part of the inquiry, whether there is a real and substantial difference between the 

people taxed and those not taxed (see Marks, 2015 IL 116226, ¶ 19), is relatively easily 

resolved. The State maintains that plaintiffs do not contest this requirement and have therefore 

forfeited the issue, but we believe that plaintiffs have not conceded this criterion, though their 

analysis for the two criteria overlaps. The real and substantial difference must be in the kind, 

situation, or circumstance of the persons or objects on which the classification rests. Jacobsen, 

2012 IL App (2d) 110721, ¶ 17. Here, there is a real and substantial difference between the 

people taxed, who own first-division motor vehicles, autocycles, motorcycles, motor-driven 

cycles, and pedalcycles, and those not taxed, who do not own vehicles or who own 

second-division motor vehicles. Cf. Empress Casino Joliet Corp. v. Giannoulias, 231 Ill. 2d 

62, 78 (2008) (there was a real and substantial difference between downstate casinos’ average 

intake of $2 to $6 million per month and upstate casinos’ average intake of $20 to $40 million 

per month); American Beverage Ass’n v. City of Chicago, 404 Ill. App. 3d 682, 691 (2010) 

(there was a real and substantial difference between the item taxed, which was noncarbonated 
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bottled water, and items not taxed, which were beverages marketed for specific features such 

as flavoring, vitamins, caffeine, or nutritional additives). 

¶ 17 The main issue is the second part of the inquiry, which is whether the tax classification 

bears some relationship to the object of the legislation or to public policy. See Marks, 2015 IL 

116226, ¶ 19. “[E]ven if the burden caused by imposition of the surcharge falls on a group who 

neither benefits from the surcharge nor caused the problems to be remedied by the surcharge, 

the surcharge may be constitutionally valid so long as there is a rational relationship between 

the object of the legislation and the classification at issue.” Id. ¶ 22. 

¶ 18 Plaintiffs note that they attached to their motion for partial summary judgment a notice sent 

out by White along with renewal notices. The notice references the $2 surcharge on renewal 

fees and states: “As Secretary of State, I do not have the authority to raise or lower fees. I am 

required to collect all fees established by the General Assembly.” Plaintiffs also attached 

newspaper articles. Plaintiffs argue that these documents show that White “advised the citizens 

of Illinois that he disagreed with using license fees as a substitute for general revenue.” We 

note that, even putting aside plaintiffs’ overly broad characterization of the notice’s language, 

the trial court denied the motion for partial summary judgment as moot based on its grant of the 

motion to dismiss. As we ultimately affirm the grant of the motion to dismiss, we likewise do 

not reach the merits of the motion for partial summary judgment. Thus, we will not consider 

the documents, though we do acknowledge that the legislative debates indicate that White 

opposed the surcharge. See infra ¶ 23. 

¶ 19 Plaintiffs argue that surcharges or fees that survived constitutional challenges in the past 

were designed to support specific programs. Plaintiffs cite Grand Chapter, Order of the 

Eastern Star of the State of Illinois v. Topinka, 2015 IL 117083, ¶ 14, where a nursing-home 

bed fee was deposited into a Long-Term Care Provider Fund and used for several 

health-related purposes, including, among others, Medicaid reimbursement, administrative 

expenses of the Department of Public Aid, and the enforcement of nursing-home standards. 

Plaintiffs argue that here, in contrast, the surcharge was created for the explicit purpose of 

replacing general revenue, which is otherwise the general public’s obligation and which should 

be funded through annual appropriations of general revenue funds. Plaintiffs maintain that the 

general assembly admittedly created the surcharge to fill a revenue shortfall at the expense of 

plaintiffs and others similarly situated, rather than placing this burden on all Illinois citizens. 

Plaintiffs additionally cite Boynton v. Kusper, 112 Ill. 2d 356, 362, 369 (1986), for the 

principle that the nominal amount of the tax, and the supposed virtues or benefits derived from 

the money, are not relevant to the question of whether the tax is constitutional. 

¶ 20 After briefing was completed, we granted plaintiffs leave to cite additional authority, In re 

Pension Reform Litigation, 2015 IL 118585. At oral argument, plaintiffs specifically 

referenced our supreme court’s statement that the “United States Constitution ‘bar[s] 

Government from forcing some people alone to bear public burdens which, in all fairness and 

justice, should be borne by the public as a whole [citations].’ ” Id. ¶ 69 (quoting United States 

v. Winstar Corp., 518 U.S. 839, 883 (1996)). 

¶ 21 In re Pension Reform Litigation is distinguishable from the instant case in that it dealt with 

the pension protection clause (Ill. Const. 1970, art. XIII, § 5) and also discussed the contracts 

clause (Ill. Const. 1970, art. I, § 16); it did not involve a uniformity-clause challenge. 

Moreover, the quoted section refers to the United States Constitution, and plaintiffs are not 

presenting a federal constitutional challenge here. That being said, we recognize that the 
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quote’s general sentiment fits within plaintiffs’ position that DNR funding is a burden that 

should be shared by all Illinois residents rather than being partially supported through a tax on 

a particular group of people. 

¶ 22 Plaintiffs argue that in the trial court, the State posited a series of possible justifications as 

evidence of the legislature’s supposed intent in adopting the surcharge. Plaintiffs argue that the 

trial court upheld the statute because it accepted such arguments and posited that, since most 

state-park visitors arrive by subject vehicle, there was a reasonable basis to tax them rather 

than people who visited by other means of transportation. Plaintiffs maintain that such 

reasoning was contrary to the actual statements of legislative intent, as demonstrated by the 

legislative debates surrounding the surcharge. Plaintiffs cite Morel v. Coronet Insurance Co., 

117 Ill. 2d 18, 24 (1987), for the proposition that the court may look to the General Assembly’s 

floor debates to ascertain the intent behind specific legislation. Plaintiffs quote one of the 

sponsors of the legislation, Senator Hutchinson, who stated: 

“This bill is something that we need to do to right the wrongs of the last ten to fifteen 

years, where we’ve gone from a hundred million dollars at DNR down to forty four 

million dollars at DNR. We can’t even protect our parks at night because of the staffing 

levels. Good luck going to some of our places that used to be jewels in this State and 

finding a toilet that flushes. That’s how bad it is right now. Now, the second part of this 

that we’ve heard, especially about, you know, fees that are associated with this–and I 

know it’s an election year; I know that there are people who are ideologically opposed 

to anything that raises money; I get it–this has a two-dollar license fee. One dollar, 

when it’s fully actualized, will raise eleven million dollars and it’s bondable up to 

ninety million dollars. And it’s supposed to go directly to the–the park roads 

construction fund. The other dollar raises enough money to keep all of our parks open.” 

97th Ill. Gen. Assem., Senate Proceedings, May 31, 2012, at 256-57 (statements of 

Senator Hutchinson). 

Later in the debates, Senator Hutchinson stated: “I wish there was someplace we could find 

money from [general revenue funds] to go into supporting our State parks, but there isn’t.” Id.

at 265. 

¶ 23 Several senators spoke out against the surcharge. Senator J. Jones stated, “[L]icense plate 

fees ought to be going to fix the roads and bridges throughout this State that are our highways, 

not our access roads to our parks,” and, “It’s time to stop this nonsense of raising fees on 

everything that comes along.” 97th Ill. Gen. Assem., Senate Proceedings, May 31, 2012, at 

258-59 (statements of Senator J. Jones). Senator Righter asked if White was opposed to the 

bill, and Senator Hutchinson responded in the affirmative, stating, “I believe it probably has 

something to do with the license plate fees.” 97th Ill. Gen. Assem., Senate Proceedings, May 

31, 2012, at 260 (statements of Senator Hutchinson). Senator Righter then stated: 

“The atrocity of the–of [the] DNR budget going from a hundred million dollars down 

to forty-some million dollars, as was mentioned earlier by the sponsor, that’s been a 

policy choice. *** Folks, at some point, the citizens of this State are going to say, 

‘Enough, I pay taxes and I paid taxes for years for the State parks, and now suddenly, 

because you couldn’t control spending in your Medicaid program or you kept dodging 

pension payments and so the payment grew, you couldn’t cut spending, so now I’ve got 

to pay to get into state parks.’ *** Put the money back in there and take care of the 
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parks. That’s the answer here, not yet another fee increase.” 97th Ill. Gen. Assem., 

Senate Proceedings, May 31, 2012, at 261-62 (statements of Senator Righter). 

See also 97th Ill. Gen. Assem., Senate Proceedings, May 31, 2012, at 263 (statements of 

Senator McCarter) (“[T]he parks did not deteriorate on their own. We *** failed to implement 

a discipline of spending in this State government, and apparently the only *** solution you 

have is more taxes and fees.”).

¶ 24 Plaintiffs argue that the legislative debates show that the surcharge was intended solely to 

make up for years of failing to adequately fund the DNR through general funds. Plaintiffs 

argue that the trial court instead relied on a “possible reasonable basis” for imposing the 

surcharge. Plaintiffs argue that such reasoning allows all legislation to be judged on the 

arguments of counsel and the suppositions of trial courts, rather than demonstrated legislative 

intent, and makes it impossible for any legislation to be found unconstitutional under the 

uniformity clause. 

¶ 25 The State argues that it needed to articulate its justification only after a uniformity 

challenge and that plaintiffs have forfeited their argument by not citing any authority holding 

that the justification for a tax classification must have been explicitly considered by the 

legislature during legislative debates. The State argues that plaintiffs have likewise forfeited 

their contention that the State’s justification cannot be presented by its counsel. 

¶ 26 Plaintiffs have cited authority regarding the role of debates in determining legislative 

intent, so they have not forfeited that issue. Regarding the second argument, the State urges us 

to find plaintiff’s argument forfeited for failing to cite authority to rebut the State’s argument. 

However, forfeiture applies when a party does not cite authority for its own position (see

International Union of Operating Engineers Local 965 v. Illinois Labor Relations Board, State 

Panel, 2015 IL App (4th) 140352, ¶ 20 (“[A] party forfeits review of an issue on appeal by 

failing to support its argument with citation to authorities.” (Emphasis added.))), which is not 

the case here. In other words, the failure to challenge the State’s counterargument with 

authority that might not even exist does not result in forfeiture of the question on appeal. 

Therefore, we will address the full merits of this issue. 

¶ 27 The State maintains that, in any case, it is well settled that a client’s attorney may make 

admissions that are binding on his client, so counsel’s statements articulating the State’s 

justification were sufficient. The State argues that plaintiffs failed to meet their burden of 

establishing that the State’s justification is not supported by facts or is insufficient as a matter 

of law. The State argues that, in the trial court, it articulated a justification establishing that the 

classification bears a reasonable relationship to the object of the legislation or to public policy. 

Namely, the State argued that subject vehicles contribute to pollution and create the need to 

build highways, which in turn destroy natural habitats. The State argued that such damage is 

ameliorated by conservation efforts. The State maintains that, even though the trial court found 

that the justification was that state parks are most accessible to subject-vehicle travelers, which 

was not a basis the State articulated, we may affirm the ruling because our review is de novo

and the record supports dismissal on the grounds set forth by the State. 

¶ 28 In its brief, the State argues that plaintiffs’ argument also fails because the legislative 

debates do not rebut its asserted justification, as the debates did not pertain to the $2 surcharge 

at issue. However, at oral argument, the State conceded that the debates covered numerous 

charges, including the $2 surcharge. 
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¶ 29 The State argues that, even otherwise, the statements of four senators would not express the 

legislative intent of the entire General Assembly. Morel, 117 Ill. 2d at 24 (“ ‘Legislative intent’ 

speaks to the will of the legislature as a collective body, rather than the will of individual 

legislators.”); see Arangold Corp. v. Zehnder, 204 Ill. 2d 142, 148 (2003) (in addressing due 

process challenge, supreme court discussed what legislature “may have believed”). The State 

contends that, even if one of the General Assembly’s purposes in enacting the surcharge was to 

fund the DNR for maintenance and improvement of parks and to make up for a revenue 

shortfall, that does not render the surcharge constitutionally infirm. The State argues that, 

although the surcharge is a tax and the classification must be reasonable, there is nothing 

prohibiting one of the objectives from being the need to raise revenue. See Arangold Corp., 

204 Ill. 2d at 155-56 (rejecting argument that uniformity clause prohibits taxing a narrow 

group to fund a general welfare program). 

¶ 30 Plaintiffs respond that the key is the legislature’s intent, which is shown here by the 

debates. They argue that, while an attorney’s statement may bind a client, no case has ever held 

that this applies where the client did not authorize the statement or where the statement is 

contrary to the undisputed facts of record, those being the legislative debates and White’s 

opposition to the surcharge. Plaintiffs argue that we should recognize the only statement of 

legislative intent that is before us, which shows that the surcharge was intended as a substitute 

for general revenue obligations and therefore violates the uniformity clause. 

¶ 31 When a party challenges a classification under the uniformity clause, the taxing body has 

the initial burden of producing a justification for the classification. Jacobsen, 2012 IL App (2d) 

110721, ¶ 15. The inquiry is narrow, and we will uphold a taxing classification if a set of facts 

can be reasonably conceived that would sustain it. Id. Plaintiffs appear to take the position that 

the State must begin with the legislative record in support of the classification. This approach 

is not supported by case law. Rather, the government does not have an evidentiary burden and 

does not have to produce facts in support of its justification for the statute. Marks, 2015 IL 

116226, ¶ 23. “Instead, once the governmental entity has offered a reason for its classification, 

the plaintiff has the burden to show that the defendant’s explanation is insufficient as a matter 

of law or unsupported by the facts.” Id.; see also Arangold Corp., 204 Ill. 2d at 156 (the taxing 

body need only assert a justification for the classification, and it has no evidentiary burden in 

justifying the tax). Thus, while plaintiffs may rely on the legislative debates to argue that the 

State’s position is insufficient or unsupported, this does not mean that the State is not free to 

articulate an independent rationale in the first place. Indeed, the appellate court has explicitly 

stated that the taxing entity may create an “after-the-fact justification” for the classification. 

American Beverage Ass’n, 404 Ill. App. 3d at 691. 

¶ 32 As stated, courts will uphold a taxing classification “if a state of facts can reasonably be 

conceived that would sustain the classification.” Allegro Services, Ltd., 172 Ill. 2d at 251. 

Here, the State’s asserted justification is that subject vehicles create pollution and the need for 

roads, which in turn destroy habitat, and which effects can be partially ameliorated by DNR 

conservation efforts. We conclude that the State’s justification shows some reasonable 

relationship between the tax classification and the object of the legislation or public policy, as 

people who do not own subject vehicles do not contribute to pollution and the need for roads to 

the same degree as subject-vehicle owners. While non-subject-vehicle owners certainly have 

some level of such contribution and also benefit from DNR resources, the question is only 

whether the taxing classification has a reasonable relationship to the object or purpose of the 
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tax. Marks, 2015 IL 116226, ¶ 22. Indeed, a tax may be imposed upon a class that is not 

responsible for the condition to be remedied and does not get a direct benefit from its 

expenditure. Id. Therefore, the fact that owners of second-division vehicles are not subject to 

the surcharge does not defeat the validity of the tax, especially considering that the majority of 

such owners presumably are subject to the surcharge through their ownership of subject 

vehicles. See also Allegro Services, Ltd., 172 Ill. 2d at 253 (the uniformity clause enforces 

minimum standards of reasonableness and fairness between groups of taxpayers). That subject 

vehicles are not the only source of pollution in this state also does not make the classification 

arbitrary or unreasonable. Cf. Empress Casino Joliet Corp., 231 Ill. 2d at 73-75 (expert’s report 

that casinos were not the sole reason for the decline of horse racing did not satisfy the 

plaintiff’s burden of establishing that the legislature’s stated reason for singling out casinos for 

taxation was arbitrary or unreasonable). We recognize that the State did not provide evidence 

that the DNR’s activities actually decrease pollution, but once it offered a reason for its 

classification, it became plaintiffs’ burden to show that the explanation was insufficient as a 

matter of law or unsupported by the facts. See Marks, 2015 IL 116226, ¶ 23. 

¶ 33 Plaintiffs’ arguments below and on appeal do not factually challenge the State’s 

justification for the classification. Rather, they focus on the role of legislative intent in a 

uniformity-clause challenge. Courts have looked to legislative findings to determine the goals 

of the legislation, which courts have then used to determine whether there is a reasonable 

relationship between the individuals subjected to the surcharge and the object of the 

legislation. See id. ¶ 21; see also Empress Casino Joliet Corp., 231 Ill. 2d at 74 (legislature’s 

justification for surcharge was expressly set forth in the statute). This situation is somewhat 

different in that only floor debates are involved. However, the lack of a statement of legislative 

intent within the statute does not jeopardize the classification, as the reasons for the 

classification need not appear on the statute’s face. Empress Casino Joliet Corp., 231 Ill. 2d at 

76. 

¶ 34 In cases where the justification for the tax is expressly set forth in the statute, the legislators 

are adopting the justification in passing the law. Here, in contrast, the intent of providing 

general funding for the DNR through the surcharge was shown by a handful of senators, and 

the thoughts of the remaining senate and house members who voted for the bill are not revealed 

in the debates. See also People v. R.L., 158 Ill. 2d 432, 442 (1994) (“[C]ourts generally give 

statements by individual legislators in a floor debate little weight when searching for the intent 

of the entire legislative body.”). Nevertheless, we recognize that courts can and do look to floor 

debates in ascertaining legislative intent (Morel, 117 Ill. 2d at 24), and it is clear from looking 

at the debates that revenue for the DNR was at least one of the goals of the surcharge. Still, 

generating revenue is the purpose of all taxes, and the debates reflect a broad policy discussion 

of whether needed funding for the DNR should be obtained through general revenue funds 

versus a particular tax. The debates do not answer the questions of why such revenue was 

sought through a license-plate-registration surcharge as opposed to a different tax or fee and 

why it applies to subject vehicles and not second-division vehicles. That is, the legislature 

could have chosen to generate additional revenue through the surcharge precisely because of 

the detrimental effects of subject vehicles on the environment. There also could have been 

other goals of the surcharge, especially considering that we have no transcripts of discussion of 

the bill in the Illinois House. Here, in the context of this litigation, the State has “produced a 

justification for the classification *** which the General Assembly could reasonably have 
- 11 - 

concluded was a rational justification.” (Emphasis added.) Empress Casino Joliet Corp., 231 

Ill. 2d at 78.3 In American Beverage Ass’n, 404 Ill. App. 3d at 691-92, the appellate court 

stated that, even if environmental concerns were an after-the-fact justification, they were 

sufficient to sustain the tax classification. The same logic applies here. See also Empress 

Casino Joliet Corp., 231 Ill. 2d at 76 (we must uphold a taxing classification if any set of facts 

can be reasonably conceived that would sustain it). Thus, plaintiffs’ reliance on the legislative 

debates does not meet their burden of proving that the State’s asserted justification is not 

supported by the facts or law. See Arangold Corp., 204 Ill. 2d at 157 (the plaintiff has the 

ultimate burden to show that the taxing body’s asserted justification is unsupported by the facts 

or insufficient as a matter of law). 

¶ 35 We acknowledge that the trial court did not rely on the State’s justification for the 

surcharge, but our review in this appeal is de novo, and we may affirm the trial court’s 

judgment on any basis provided by the record. Bjorkstam v. MPC Products Corp., 2014 IL 

App (1st) 133710, ¶ 23. Our resolution also does not require us to address whether the trial 

court could properly create its own rationale for the classification in granting the motion to 

dismiss. 

¶ 36 Regarding plaintiffs’ challenges based on the equal protection and due process clauses, the 

State argues that plaintiffs have forfeited these issues because they failed to adequately raise 

them in the trial court and have not addressed them in their briefs. We agree that plaintiffs’ 

briefs focus solely on the uniformity clause, so plaintiffs have forfeited their arguments that the 

surcharge violates the equal protection and due process clauses. See Ill. S. Ct. R. 341(h)(7) (eff. 

Feb. 6, 2013). Even otherwise, where a tax is constitutional under the uniformity clause, as we 

have determined the $2 surcharge is, it also satisfies the equal protection clause. Marks, 2015 

IL 116226, ¶ 29. At least one case has stated that a tax that is constitutional under the 

uniformity clause is also constitutional under the due process clause (Valstad v. Cipriano, 357 

Ill. App. 3d 905, 919 (2005)), though we do not definitively adopt such a position here. Cf.

Marks, 2015 IL 116226, ¶ 25 (addressing due process argument after finding that tax did not 

violate uniformity clause); Jacobsen, 2012 IL App (2d) 110721, ¶ 24 (same). 

¶ 37 III. CONCLUSION 

¶ 38 For the reasons stated, we conclude that plaintiffs did not satisfy their burden of showing 

that the $2 surcharge under section 3-806 of the Illinois Vehicle Title and Registration Law 

violates the uniformity clause, and we affirm the judgment of the Lake County circuit court. 

¶ 39 Affirmed. 

 

3

In Empress Casino Joliet Corp., 231 Ill. 2d at 77, our supreme court further rejected the plaintiffs’

argument that Primeco Personal Communications, L.P. v. Illinois Commerce Comm’n, 196 Ill. 2d 70 

(2001), held that, where the General Assembly expressly sets forth a tax’s purpose, the taxing body 

could not defend against a uniformity challenge by offering a different rationale.