IL- motorcycle fund

[karen]

ABATE of Illinois: A.B.A.T.E. of Illinois

28-JUNE-2010

Today, A.B.A.T.E. Legal Services filed A.B.A.T.E. of Illinois’s “Petition for Leave to Appeal” with the Illinois Supreme Court. Last month, the 4th District of the Illinois Appellate Court ruled that the Cycle Rider Safety Training (“CRST”) Fund was not protected from raids by the Governor and the General Assembly because trust created for that Fund was revocable. That is, the General Assembly could undo the terms of that trust at any time – even by implication. Among the many issues we ask the Supreme Court to rule upon is whether CRST money is protected by an irrevocable trust or whether the language in the CRST Act regarding that money is essentially meaningless.

George Tinkham
A.B.A.T.E. State Legislative Coordinator
"Helping Democracy Work"
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ABATE of Illinois: A.B.A.T.E. of Illinois
Sept 30, 2010

The Illinois Supreme Court has agreed to hear an appeal by A.B.A.T.E. of Illinois that will determine the extent to which the Cycle Rider Safety Training (CRST) Fund is protected from fund “sweeps” that would use money in that Fund for non-motorcycle related purposes.

Over a year ago, Sangamon County Circuit Clerk Leo Zappa ruled that the General Assembly failed to create a trust with the CRST Fund because not all Common Law (court made law) requirements were met. Last year, the 4th District of the Illinois Appellate Court ruled that the CRST Fund was a trust, but that the General Assembly could confiscate funds outside the State Treasury and allow that money to be used for any purpose the Governor desired.

Hopefully, the Illinois Supreme Court will reject both rulings and establish that the CRST Fund has only one purpose: to educate motorcycle riders. A.B.A.T.E. of Illinois, through ABATE Legal Services, will do all it can to help the Court reach that conclusion.

George Tinkham
A.B.A.T.E. State Legislative Coordinator
"Helping Democracy Work"