When Cook County Circuit Court Judge Rodolfo
Garcia ruled in August to dismiss Pay Now
Illinois lawsuit against the Governor,
Comptroller and seven department heads, he
strongly encouraged us to appeal the case
expeditiously because of the importance of the
issue we are contesting, namely the unlawful
impairment, or interference, with the agencies
constitutional right to a legal remedy for the
non-payment of contracts.
We will ask an appellate court to rule on our
argument that Illinois method for dealing with
impaired contracts through the Court of Claims
is unconstitutional because that remedy is not
available due to the lack of appropriations. As
we stated in our May 4 Court filing: ..the
veto removes the very appropriation from which
the Court of Claims might grant a legal remedy
for the non-payment of these contracts. The
defendant Governor cannot veto the
appropriations for these contacts and then enter
and enforce them, and then act to deny or impair
a legal remedy for failure to pay on the ground
that there are no appropriations.
Pay Now Illinois, like other service providers
in the State are in varying stages of receiving
payment on contracts from the stop gap measure.
But that isnt solving any problems. Not only is
there no Fiscal Year 2016 budget, we dont have
one for Fiscal Year 2017. After January 1, we
are likely to be in the same place where we have
been for the past 15 months working with no
guarantee of payment.
We are appealing our case because Illinois
cannot continue to behave in this manner. It is
unconstitutional. It is bad business. And it is
bad government.