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Macks Creek Law becomes top issue for 2016 candidates

JEFFERSON CITY, Mo. – Macks Creek Law has been a fixation over the last few months, most recently with Sen. Eric Schmitt (R-Glendale) prefiling one of the most talked about bills for the 2015 session. Schmitt has announced his intention to run for treasurer in 2016, clearing the field with record breaking fundraising.

This week, Auditor Tom Schweich announced the standards for his Municipal Court Initiative.  Meanwhile, Attorney General Chris Koster, a 2016 Democratic contender for governor, announced he will be filing 13 suits against Macks Creeks offenders.

Under Sen. Schmitt’s municipal court reform bill, local municipalities would only be allowed to fund 10 percent of their budgets with revenue generated by traffic tickets and fines.  Currently, under Macks Creek law, municipalities can fund their budgets with up to 30 percent of the revenue they collect from traffic tickets and fines. Senator Schmitt’s legislation would reduce this amount by two-thirds.

“Government exists to serve our citizens,” Sen. Schmitt said.  “Unfortunately, the municipal court system, especially in the St. Louis region, have created a system of traffic ticket tricks and schemes designed to extract more and more from our citizens. These schemes are little more than ATMs for bloated big government budgets that have hit the poor especially hard. This is abusive system deserves thoughtful reform.  My legislation will help right a wrong and help us move forward.”

Schmitt further went on This Week in Missouri Politics to discuss the bill.

Missouri Auditor Tom Schweich released the guidelines for the audit this week for his announced Municipal Court Initiative to look for compliance with the Macks Creek Law, statistics on warrants (including race and gender), embezzlement, special treatment or corruption and proper accounting practices.

Schweich, who could possibly be meeting Koster in a 2016 bid for Missouri governor – after a potentially nasty Republican primary, has been supportive of Koster’s suits.

“I am pleased that the attorney general has joined in my efforts to increase transparency and accountability among our municipal courts.” Schweich said. “I look forward to working with our partners of both parties in the General Assembly in the upcoming session to bring about change for the benefit of the citizens of the affected communities.”

Schweich said his office intends to use, for audit purposes, the following definitions when conducting audits of municipalities and municipal courts:

  • (1) “General Operating Revenue,” revenue that is not required by the enacting ordinance, law or Constitution to be used only for a designated purpose and can be used to pay any bill or obligation of a city, county or other political subdivision.
  • This includes, but is not limited to, general sales tax, general use tax, general property tax, and fees from certain licenses and permits, interest, fines and penalties. “General operating revenue” does not include, among other items, designated sales or use taxes, user fees, grant funds or other revenue designated by law, ordinance, or Constitution, for a specific purpose.
  • (2) “Traffic Violation,” any violation of an ordinance that regulates the movement of traffic upon any public roadway. This includes, but is not limited to, violations such as speeding, failure to signal, failure to stop at a red light or stop sign, improper use of lane, and obstructing traffic. This would include failure to appear if such fine is part of an original charge.
  • (3) “Fines and Court Costs” are all revenues for traffic violations as defined in (2) above.
  • (4) “Amended Charge” is an offense originally charged as a traffic violation, as defined in (2) above, which is reduced or amended to some other offense whether or not the reduced or amended charge is vehicular related.