Court Battle Highlights
Illinois Financial Woes
June 20, 2006
CONTACT: Dan Harper,
ABATE of Illinois (773) 330-3111
Web Site:ABATE-IL.org
CHICAGO - - The
following was released today by ABATE of Illinois:
A recent court battle
between ABATE of Illinois and the Blagojevich
administration serves to
underscore the depth of the state fiscal woes.
In a landmark decision,
a Sangamon County circuit court ruled that Governor
Blagojevich overstepped
his constitutional authority by raiding special
trust funds to make up
for shortfalls in the state budget.
The litigation was
sparked when Blagojevich was caught draining over
$350,000 from the Cycle
Rider Safety Training Fund and the Recreational
Trails Fund. Each of these funds is supported by
surcharges on motorcycle
license and registration
fees. These two special funds were set
up to
promote motorcycle
safety and environmental stewardship in off-road areas.
In response to
Blagojevich’s actions, ABATE successfully sought a temporary
restraining order against
the governor that barred his tapping into the
motorcycle-related
funds. However, the judge ruled that Blagojevich could
continue to raid dozens
of other special funds.
We are very pleased that
the judge ruled in our favor, said Dan Harper,
Legislative Coordinator
for ABATE of Illinois. Motorcyclists
pushed for
these special accounts
and we agreed to the fees to fund them.
After all
the hard work that went
into setting up and administering these programs, we
weren’t about to stand
by and let the governor use these two funds as his
election-year
piggybank. If the governor thinks these
funds would be better
spent someplace else, we
challenge him to debate that assertion before the
General Assembly. Of course, he won’t, because he doesn’t have
the stomach
for it.
Although the court’s
ruling on the fund raids was a victory for Illinois
motorcyclists, it brings
attention to a bigger problem facing all Illinois
citizens, continued
Harper. The fiscal ineptitude of the
Blagojevich
administration has left
the state virtually living from paycheck to
paycheck. The deepening financial crisis has forced
Blagojevich to take
desperate measures.
Dipping into the special funds to keep the government
operating is like
robbing Peter to pay Paul. Despite the
vigor of the
national economy,
Illinois is at its breaking point - with nobody to blame
but Governor
Blagojevich. We hope that our court
action against the
governor will cast some
much-needed light on the states pending financial
collapse.
On Saturday at the BOD
meeting George Tinkham spoke on recent developments
in the lawsuit ABATE of
Illinois has filed against Illinois Gov. Rod
Blagojevich,. Some money has been transferred out of other
special
accounts, but due to a
temporary restraining order obtained by ABATE, both
The Off-Highway Vehicle
Trails fund and Cycle Rider Safety Training fund
have been frozen. ABATE legal services filed a brief on
Tuesday to stop
transfers from all
special funds, but the court ruled that ABATE of Illinois
Inc. could only
represent the two motorcycle funds and set a hearing date of
July 10. Out of the seventy-seven (77) funds being
transferred into the
general state account
this year, only ABATE has been successful in getting a
restraining order to stop
the transfer. George Tinkham recommends
that
ABATE members who belong
to any of these groups whose funds are being
raided, encourage that
group to join with ABATE to protect all these funds
Fund Name
Transportation
Regulatory
Financial Institution
Illinois Veterans'
Rehabilitation
State Boating Act
Military Affairs Trust
Agricultural Premium
Aeronautics
Il. State Pharmacy
Disciplinary
Public Utility
Firearm Owner's
Notification
Subtitle D Management
Facility Licensing
Hansen-Therkelsen
Memorial
Explosives Regulatory
Aggregate Operations
Regulatory
Coal Mining Regulatory
Regulatory CPA
Administration& Disciplinary
Weights & Measures
Reg. Limited Liability
Partnership
Illinois School Asbestos
IPTIP Administrative
Trust
DCFS Childrens' Services
Illinois Health
Facilities Planning
Emergency Public Health
State Police Vehicle
Optometric Licensing
& Disciplinary Board
Illinois Affordable
Housing Trust
Fertilizer Control
Used Tire Management
Guardianship &
Advocacy
Working Capital
Revolving
IL. Prescription Drug
Discount Program
Public Health Services
Revolving
Provider Inquiry Trust
Securities Audit and
Enforcement
Drug Treatment
Feed Control
Appraisal Administration
Small Business
Environmental Assistance
Regulatory Evaluation
& Basic Enforcement
Police Training Board
Services
Trauma Center
Unclaimed Property Trust
Department of
Corrections Reimbursement
Health Facility Plan
Review
LEADS Maintenance
Public Pension
Regulation
Pawnbroker Regulation
School Technology
Revolving Loan
Pesticide Control
Off-Highway Vehicle
Trails
Capital Litigation Trust
Horse Racing
Motor Carrier Safety
Inspection
Municipal Economic
Development
Airport Land Loan
Revolving
Assisted Living &
Shared Housing Regulatory
Whistleblower Reward
& Protection
Illinois Clean Water
Home Inspector
Administration
Metro-East Public
Transportation
Dram Shop
Il. State Dental
Disciplinary
Natural Resources
Restoration
Cycle Rider Safety
Training
Health Insurance Reserve
Natural Resources
Information
DHS Recoveries Trust
Insurance Producer
Administration
Illinois State Podiatric
Disciplinary
Local Tourism
Insurance Financial
Regulation
Dan Harper
Legislative Coordinator
ABATE of Illinois
Danimal1500@hotmail.com