Ending taxes through citations

Dan Hegeman

In 1995, the Missouri Legislature passed what is known as “Macks Creek Law,” which limited cities and towns in the state from collecting more than 45 percent of their total revenue from speeding tickets.

The measure was named after the town of Macks Creek, once known for being one of the most notorious speed-traps in the U.S. After an investigation, it was discovered that Macks Creek was collecting nearly 90 percent of its revenue from traffic tickets, many of which were for very minor infractions. The goal of the General Assembly was to put an end to the practice of excessive ticketing to fund municipal governments.

Unfortunately, it has become clear that the law is not working and that it doesn’t go far enough.

While the majority of municipalities in the state follow the law and are far below the existing thresholds, a large number of municipalities continue to push their police departments to issue a large number of citations as a means of funding government.

This is effectively “taxation through citation” as fines and court fees are used to fund services beyond public safety and are not established by a vote of the people.

This practice is not driven by public safety. It is an abuse of the public trust and the rights of citizens to vote to establish the taxing structure that funds their government.

This process occurs in communities throughout the state, but it has become increasingly harmful in a number of St. Louis County communities. These municipal governments have actually been building increases into their ticketing budgets during the budgeting process in the hope they would bring in additional revenue to fund their city services. But beyond funding city services, these practices have created debtors prisons for most citizens. For an area that already experiences its share of difficulties, the practice of taxation by citation has only deepened the divide between the government and its citizens.

This is why I supported, and the Senate has taken up and passed, Senate Bill 5, which aims to severely limit the practice of using excessive traffic ticketing to generate local revenue and pad operating budgets.

If a municipality is found in violation of its respective limits and fails to remit any excess fines to the state for distribution to the local schools, then the citizens will be given an opportunity to disincorporate the municipality.

Through SB 5, we hope to address what has become one of the underlying causes of tension between civilians and law enforcement, and restore the public’s trust in those who commit to serving the people. The measure will now make its way to the House for further consideration.

As always, please feel free to contact me with your ideas or concerns.