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Attorney General Koster dismisses Macks Creek lawsuit against Hillsdale

 

— New version of law renders pending case moot —

Jefferson City, Mo. – Attorney General Chris Koster today filed a voluntary dismissal of his lawsuit against the village of Hillsdale over alleged violations of the state’s Macks Creek Law.  The case became moot when Senate Bill 5 (SB 5)—municipal court reform legislation sponsored by Senator Eric Schmitt and signed by Governor Jay Nixon—went into effect on August 15.

Koster originally targeted 17 municipalities that failed to submit to the State Auditor a timely and accurate accounting of the percentage of their general operating revenue derived from fines and court costs for traffic violations.  After the suit was filed, every municipal defendant except Hillsdale took steps to come into compliance.

“It is unfortunate that it took legal action to force so many cities to take the Macks Creek Law seriously and come into compliance,” Koster said.  “Our lawsuit shined a spotlight on those municipalities that scoffed at the law, and my belief is that the amended law will force compliance going forward.”

Like the version of the Macks Creek Law in effect when Koster filed his lawsuit, Senate Bill 5 still requires every city to report the percentage of its general operating revenue derived from traffic-related fines and court costs.  However, the amended statute reduces the amount of general revenue a municipality may obtain from traffic violations from 30% to 20% (12% in St. Louis County), and establishes a new enforcement mechanism involving the State Auditor, the Director of Revenue, and the Presiding Judge of the Circuit Court in which the municipality is located.