Nance: In Committees, Accounting For Excessive Revenue From Traffic Fines

“Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.” –Albert Einstein

In Committees

I attended my first meeting of the Agriculture Committee on Tuesday. The room seats about 80 people and we had at least 140 to hear bills [HB131] to amend Proposition B (Puppy Mills). After two hours of testimony the hearing ended, but we are having a committee meeting today.

I presented HB 105 in Crime Prevention and Public Safety on Wednesday.

HB 105

Currently, if a city, town, or village receives more than 35% of its total annual revenue from fines and court costs for traffic violations, all revenue from these violations in excess of 35% must be sent to the Director of the Department of Revenue.

This bill requires the governing body of a city, town, or village to prepare and send to the department an annual report of the fines and court costs collected and the entity’s general revenue for the year.

If fines and court costs exceed the 35% limit, the entity must include with the report the payment of any excess revenues. The department director is required to disburse the excess to the schools of that county within 30 days of the receipt of the payment.

Failure to send the annual report or excess revenue to the department director will result in the city, town, or village being subject to a civil penalty of up to $1,000.

I offered the italicized words in a bill that passed two years ago because certain cities were collecting up to 45% of their general revenue on highways (“Speed Traps”).

In September of 2010, a Missouri state auditor found that the City of Randolph had violated state law by collecting more than 35% of its revenue from traffic tickets. They collected around $150,000 in 2009 from highway tickets and were only allowed by law to keep about $95,000. As of today they have not forwarded those excess funds to the state for distribution to our Clay County schools. This bill would put some teeth in the law.

On the House Floor

On Wednesday HB 73 & 47 were debated.

They require the Department of Social Services to develop a program to screen and test each work-eligible applicant or work-eligible recipient for Temporary Assistance for Needy Families (TANF) Program benefits that the department has reasonable cause to believe, based on the screening, engages in the illegal use of controlled substances. An applicant or recipient who tested positive for the illegal use of a controlled substance which has not been prescribed by a licensed health care provider must, after an administrative hearing by the department, be declared ineligible for TANF benefits for one year from the date of the administrative hearing decision and must be referred to an appropriate substance abuse treatment program approved by the Division of Alcohol and Drug Abuse within the Department of Mental Health.

Any member of a household which includes a person, who has been declared ineligible for TANF benefits, if otherwise eligible, will continue to receive benefits as protective or vendor payments to a third-party payee.

Supporters say that the bill will prevent people who are receiving government assistance through the Temporary Assistance to Needy Families (TANF) Program from using these moneys to buy drugs instead of groceries without cutting the benefits going to the children.

Most employers require an applicant to undergo a drug test before he or she is hired, and this program will help people seeking employment. They also said that children of those addicted to drugs are being neglected; therefore, the current system needs to be changed.

Those who oppose the bills say that the real problem is providing proper drug treatment to these individuals. The bill will not address this problem sufficiently because there are not adequate resources available for treatment, especially for this newly identified group of people. The bill passed out of the House with a vote of 121-37.

Visitors

Visiting this past week with the realtors were Marcha Tietjen, Yvonne Parker, Mike Ebenroth and Rue and Cecil Lovett.

Superintendent Jim Horton and I attended a presentation on the school formula at the Missouri Association of Schools Administrators.

I met Dr. Blaine Henningsen, the 1971 quarterback of the State Champion Richmond Spartans. Blaine is the Superintendent of Carthage schools.