Missouri Senate advances municipal courts reform

Legislation would limit local revenues from traffic fines

One-third of the 27 Mid-Missouri communities with municipal courts could be affected by a proposed law the state Senate approved Tuesday.

A final vote is needed before the measure can be sent to the House.

The bill, sponsored by Sen. Eric Schmitt, R-Glendale, seeks to reduce the amount of money local governments get from fines for traffic offenses, as a percentage of their total budget.

"I think what Sen. Schmitt wants to do - and I think it's something that, probably, needs to be done - is kind of a municipal court reform in the St. Louis area," Sen. Mike Kehoe, R-Jefferson City, told the News Tribune after the debate.

"However, it's almost impossible to do that legislation and just keep it to those counties or region - and withstand a challenge in court which, surely, could happen. You really need to do a statewide piece of legislation."

Sen. Jeanie Riddle, R-Mokane, agreed: "I think it's a statewide issue but, for some of our smaller communities - not that they want their total funding to come from tickets - but it would affect whether they get to maintain a police force, or not.

"Which is what their citizens want - to have someone there to help keep their communities safe."

Schmitt explained at the beginning of a 2½-hour debate: "This bill has to do with our current "Macks Creek' law and, in many ways, deals with some injustices that are occurring in our municipal courts throughout our state."

More than two decades ago, Camden County's Macks Creek had a national reputation as a "speed trap." In 1994, for instance, three-fourths of the city's revenue came from municipal court fines.

In 1995, then-Sen. Delbert Scott, R-Lowry City, sponsored a bill to change that. Legislators ultimately passed a law limiting Missouri cities to no more than 30 percent of revenues from fines, with the rest going to the state.

Twenty years later, lawmakers said Tuesday, the law still isn't being followed by some cities.

"For far too long, we've had way too many municipalities too dependent on traffic tickets and fines in their city budgets," Schmitt argued.

As amended during Tuesday's debate, Schmitt's bill would drop the 30 percent ceiling in the "Mack's Creek" law, over a two-year period, to 20 percent of general revenue in many cities and towns - and to only 10 percent in larger cities.

Schmitt originally wanted to drop all communities to the 10 percent level, arguing local governments could raise money in other ways, by getting their voters to increase some taxes.

But, Sen. Jay Wasson, R-Nixa, countered, some places in rural Missouri can't raise more taxes.

His district includes Highlandville in Christian County, about 15 miles south of Springfield, where "the newest house might be a double-wide and there's nothing there to tax," Wasson said. He won approval of an amendment dropping the rate to 20 percent for fourth-class cities that are not in first-class counties.

Riddle won an amendment that included "villages" in Wasson's definition.

At 2.8 percent, Jefferson City's Municipal Court shouldn't have a problem under the law, if it passes.

Municipal Judge Cotton Walker recently told the News Tribune recently that Jefferson City already has policies providing some flexibility in getting fines paid, for people who can't afford to pay a complete fine at one time.

Still, he said: "We don't, we shouldn't, be involved in how much is brought in other than (if) you're found guilty and I fine you, then you need to pay your fine."

Callaway County is a first-class county, so New Bloomfield's 12.59 percent of total revenues from traffic fines could be a problem.

Camden County is a first-class county, so three of its cities - Linn Creek, now 27.39 percent of total revenue; Sunrise Beach, 11.15 percent; and The Village of Four Seasons, 10.53 percent - would have to dial back their reliance on fines or increase other revenues.

For the first time, Schmitt said, state law also would define "annual general operating" revenues and removes a number of required, pass-through costs the city doesn't get to keep - including the surcharges for the Crime Victims Compensation Fund, the Brain Injury Fund, Independent Living Centers Fund, Motorcycle Safety Trust Fund, Police Officer Standards Training Commission (POST), the Prosecuting/Circuit Attorneys' Retirement Fund, the Sheriffs' Retirement Fund, Spinal Cord Injury Fund, Court Automation Fee and Domestic Violence Shelters.

The Associated Press contributed information used in this story.

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