OFF THE WIRE
One course of action, would be ABATE of Nebraska offering the training.
A second course of action would be in the courts. Poisonous fruit seems to have some criteria with recovery of the money. Those closer aligned to courtroom procedures than I am might chime in on this. It would seem that timing is important.
http://www.omaha.com/article/20110126/NEWS01/701269926/209
Motorcycle safety subsidy may get ax...
By Martha Stoddard WORLD-HERALD BUREAU « Metro/Region
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LINCOLN — Learning to ride a motorcycle could cost would-be Nebraska bikers more in the future.
But the state could get a bit more money for road-building and agency operations under a bill advanced by state lawmakers Tuesday.
After a debate foreshadowing budget battles to come, senators gave 41-0 first-round approval to Legislative Bill 170.
The bill would eliminate a fund used to subsidize motorcycle safety education classes.
Money accumulated in the fund would be divided between the Highway Trust Fund and the Department of Motor Vehicles operations fund.
Lawmakers could tap the DMV portion to help with the state's $986 million budget gap.
State Sen. Deb Fischer of Valentine, chairwoman of the Transportation and Telecommunications Committee, called the bill a matter of money and equity.
The state does not subsidize training courses for any other class of driver, she said.
Yet it has been putting $3 of every motorcycle registration and $3.50 of every motorcycle operator's license fee into the motorcycle education fund.
“We have to decide what is the proper function of government,” Fischer said.
The money provides a $75 subsidy for each person who takes a motorcycle safety course.
Like driver education, the courses are optional for riders. However, riders who pass a training course can get a motorcycle license without having to do a driving demonstration.
Lawmakers also have to decide how to use scarce dollars, Fischer said.
About $270,000 goes into the fund each year. At least one-third of that amount is left over each year, leading to the accumulation of a $790,000 unused balance.
Sen. Steve Lathrop of Omaha argued against eliminating the subsidy, saying higher costs would mean fewer people getting training.
Already, only about one in four motorcyclists takes the courses.
Lathrop said lawmakers would be sending the wrong message about motorcycle safety, especially when coupled with a proposed repeal of the requirement for motorcyclists to wear helmets.
Scott Lucey of Omaha, state legislative coordinator for ABATE (American Bikers Aiming Toward Education), said the group opposes LB 170 because it would take money from motorcycle safety.
He suggested putting the unused balance into other efforts to promote rider safety, such as a “share the road” education effort.
Mark Amidon, another ABATE leader from Omaha, said there are not enough training courses available now for those who want them. He said some skip the training because of the waiting time to get into one.
