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Mess with the bull, get the horn

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Illinois

There’s a not-so-old but almost universally acknowledged rule in Springfield: Never, ever EVER mess with the bikers. The governor apparently likes to break rules.

Illinois motorcyclists, tipped off by state Treasurer Judy Baar Topinka, sought Tuesday to block Gov. Rod Blagojevich from using biker safety funds to bolster the state budget.

An aide to Topinka, Blagojevich’s Republican challenger, acknowledged alerting the biker group ABATE of Illinois and other organizations last week that the governor intended to transfer specially earmarked money to the state’s general bank account.

ABATE went to Sangamon County Circuit Court to prevent the Democratic governor from transferring money in the funds set aside for biker safety and training. Money in those funds comes from motorcycle registration fees and other surcharges paid by bikers. The group argued the governor lacks the constitutional authority to transfer the funds.

Aides to the governor said state lawmakers approved the fund transfers, which gave Blagojevich the authority to move the money. A lawyer for the state told the court the money is needed to pay bills.

“If those assertions are true, that the state would not be able to make payroll without this money, then the state is in more dire financial straits than anyone imagined,” said Todd Vandermyde, a lobbyist for ABATE, an acronym for A Brotherhood Aimed Toward Education.

The attorney general’s office eventually backed off that statement. There’s a lot more to this story, and I’ll have more soon.

UPDATE: Finke has a very good story.

Although the group initially challenged just the transfers from funds affecting motorcyclists, it is now asking Zappa to stop transfers from dozens of other funds set up for specific programs and financed with fees paid by specific groups of people. About $35 million is in those funds.

“What we are attempting to do is convince the court that there is a whole class of individuals who are being harmed by these unconstitutional transfers of private money into a large slush fund to be whimsically used by the governor,” said George Tinkham, an attorney representing ABATE. “The state cannot engage in politically attractive programs using other people’s money.”

“We want to stop the transfer of our funds, but we think that the whole concept is against the Constitution of the state of Illinois, and we went for the whole enchilada,” said Todd Vandermyde, a lobbyist for ABATE.

However, Attorney General Lisa Madigan’s office, which is representing the state in the case, said ABATE can’t simply come into court and ask that all fund transfers be halted.

“Our position is, as to the majority of funds at issue in this case, the plaintiffs have not shown that they have standing to seek injunctive relief,” said Terence Corrigan of Madigan’s office.

Corrigan said ABATE will have to prove how motorcycle riders will be hurt if the state transfers money out of funds that don’t affect them. According to court documents filed by Madigan’s office, those funds include the Explosives Regulatory Fund, the Illinois State Pharmacy Disciplinary Fund and the Agricultural Premium Fund.

posted by Rich Miller
Wednesday, Jun 14, 06 @ 6:43 am

Comments

The legislature DID approved this scam. I hope local reporters all over the state ask the ones up for re-election this year, and two years from now, to justify their vote.

Comment by Anonymous Wednesday, Jun 14, 06 @ 7:09 am
That the state is in dire financial straits certainly does not come as a revelation to anyone other than half-wits and those that have been out of the country for the past twenty years.

The Governor and his Democrat lackeys in Springfield simply subscribe to the Alfred E. Neuman theory of political economics, “What? Me worry?”

I am not a Judy Barr Topinka fan but I would have to say that she is more concerned with the state’s economic situation than Rod is. Rod is only looking out for Rod’s political career and he will continue to “rob from Peter to pay Paul” rather than tell the Illinois voters that he and George Ryan have lead the state of Illinois to the edge of a financial cliff. You always tell people what they want to hear rather than what the truth is if you want to further a successful political career. You never tell them that it is time to pay the piper if you intend to stay elected.

Comment by Beowulf Wednesday, Jun 14, 06 @ 7:22 am
Organize a ride on election day.Make it two fold Toys For Tots and then straight to the booth to vote Blago out.If you don’t vote he wins.

Comment by DOWNSTATE Wednesday, Jun 14, 06 @ 7:30 am
Looks like every separate constituency is going to have to go to court individually to resist having their fund drained. Thanks to Blago, it’s full employment time for being a lawyer.

Comment by potatopotatopotato Wednesday, Jun 14, 06 @ 7:39 am
SO the group whose primary issue is a no helmet law is upset about losing biker saftey funds? lol.

Comment by Wumpus Wednesday, Jun 14, 06 @ 8:29 am
Why should we stop this process now, state officials have been raiding the motor fuel tax fund for decades. — And what’s that whole budgeting process about anyway no sense in allocating particular funds for special things, ’cause we’ll just need to transfer them later! Just give the Guv all the money and let him spend it as he sees fit.

Comment by Dr. Yan Wednesday, Jun 14, 06 @ 9:47 am
I will never forgive the biker lobby for attempting to add “biker identity” (or some more artful synonym for it) to the state’s anti-discrimination law at a time when GLBT Illinoisians weren’t included. Gov. Ryan vetoed the idea, to his eternal credit, saying he wouldn’t accept it unless GLBT individuals were also included. Despite his conviction on corruption charges, I will forever respect Ryan for having done that. Whatever else he is, he’s a fair-minded person, and there are far too few of those in either party.

The fact that the bikers are so unconcerned about protecting their skulls indicates to me that those skulls’ contents aren’t worth protecting anyway.

Comment by anonymous Wednesday, Jun 14, 06 @ 9:56 am
Are four wheel ATVs also licensed to drive on roads? If not, why not?

Comment by Anonymous Wednesday, Jun 14, 06 @ 10:24 am
I would think that a Treasurer who has the State’s best interests in mind would not encourage litigation against the State, but what do I know? If she’s so offended by this, why didn’t she sue?

Comment by Not So Fast Wednesday, Jun 14, 06 @ 10:37 am
Special funds are there for a reason. I don’t believe the Governor should be able to raid the funds because he is not able to fix the budget mess that true he inherited, but made a bigger disaster.

Comment by Wheres the leadership??? Wednesday, Jun 14, 06 @ 10:49 am
One of the other funds slated for sweeping is the Capital Litigation Trust fund. So apparently the defense attorneys and prosecutors DON”T need additional resources to assure that those accused of capital crimes get a fair trial. $860,000+. more important to fund TV ads for a program no one has signed up for than to keep a guy from wrongfully getting the needle…. If this is NOT business as usual, then please bring back business as usual.

Comment by death row Wednesday, Jun 14, 06 @ 11:46 am
Anon –

ATV & 4 whelers are not licensed to ride on the rode as they do not have all the propoer equipment i.e. turn signals ans such.

Not so fast –

The treasurer sought to sue, but the AG would not let them, and would not let them obtain outside counsel to get away from the conflict of interest.

It looks like we got the TRO to stop the raiding of the motorcycle funds this morning, and are working for class certification for all the other funds.

todd

Comment by Todd Wednesday, Jun 14, 06 @ 11:49 am
Finally! Some people who will get off their duffs and stop the man from sticking it to them.

Do they have a legal defense fund? Where can I send them a donation in a show of solidarity?

Comment by Johnny USA Wednesday, Jun 14, 06 @ 3:16 pm
ABATE of Illinois
311 E. Main St.
#418
Galesburg, IL 61401

Comment by Todd Wednesday, Jun 14, 06 @ 5:25 pm
DOWNSTATE @ 7:30am, I agree â€“ if you donâ€™t vote Blago wins. Unfortunately, I believe a lot of non-union state employees are afraid to not vote for Blago. I have talked to a quite a few who have expressed their concern with having their voting record known.

Comment by girl friday Wednesday, Jun 14, 06 @ 8:20 pm
Todd,

Thank you for the response on ATVs.

Can’t broken cars, golf carts, lawn mowers, and bicycles legally use the roads without turn signals, brake lights, etc. by just using hand signals? Wouldn’t hand signals suffice for ATVs?

Can you really get a ticket for driving an ATV on a road without a license?

Where does ABATE stand on ATV licenses for road use?

Comment by Anonymous Wednesday, Jun 14, 06 @ 9:49 pm
girl friday- they can only check the primary votes- not whom they voted for in the General election. Tell them to vote their conscious (as well as pocketbook and their childrens pocketbook). Easy vote. JBT

Comment by roy slade Wednesday, Jun 14, 06 @ 10:35 pm
Go get him (Blago) ABATE. Finally, a group with real testicular veracity.

Comment by Little Egypt Wednesday, Jun 14, 06 @ 11:25 pm
My recolection is that there are soecial parts of the vehicle code that allow for golf carts provided they meet certain criteria. The Code also has prhibitions against ATV on street use like cars, but makes limited exceptions. Chicago uses them on the street for traffic control, but that’s a different situation as opposed to you or I using them like a car.

Todd

Comment by Todd Thursday, Jun 15, 06 @ 4:59 am
I just learned that unlike other provisions, if the capital litigation trust fund runs out, there is NO provision for the state reimbursing that amount to cover expenses. Maybe the Governor can issue a decree that limits the number of capital murders that can take place until the financial crisis left over by the Ryan administration is over (assuming it will ever be over under his watch).

Comment by death row Thursday, Jun 15, 06 @ 11:02 am
Perhaps the difference between golf carts, tractors and lawn mowers from ATVs is that one is much faster than the others.

Perhaps it’s more like off-road or racing motorcycles or cars that aren’t authorized on roads?

Comment by Anonymous Thursday, Jun 15, 06 @ 12:07 pm
Nice work ABATE!!!

So many, MANY people think that ABATE is just about not wearing helmets. (They’re against helmet laws by the way, not against helmets.) Very few realize that ABATE protects motorcycle rights on all fronts. From protecting the cycle rider training fund, preventing motorcycle bans, etc. If you ride a motorcycle or ATV, ABATE is protecting your freedoms!

TJ

Comment by TJ Saturday, Jun 17, 06 @ 7:03 am