SB 141
Requires political subdivisions receiving more than 20% of their annual general operating revenues from traffic fines to send revenues in excess of such threshold to the state school system
LR Number:
Last Action:
5/17/2013 - S Informal Calendar S Bills for Perfection--SB 141-Dempsey
Journal Page:
Calendar Position:
Effective Date:
August 28, 2013

Current Bill Summary

SB 141 - This act modifies the law commonly referred to as "Macks Creek Law". Under current law, if a city, town, or village receives more than 35% of its annual general operating revenue from traffic fines and court costs for traffic violations occurring on state highways within its jurisdiction, all revenues in excess of the 35% threshold must be sent to the Department of Revenue to be distributed annually to the schools of the county in the same manner other penalty proceeds are distributed. This act modifies the "Macks Creek law" by expanding its application to counties.

The act further removes the qualification that the traffic violation revenue limitation only apply to violations occurring on state highways. The act makes the revenue limitation applicable to all traffic violations occurring within the described political subdivisions regardless of highway type. The act makes the law applicable to amended charges from any traffic violation and lowers the 35% threshold to 20%. In addition, the act requires political subdivisions to include an accounting of the percent of annual general operating revenue from fines and court costs for traffic violations within the Comprehensive Annual Financial Report that it submits to the State Auditor. Any political subdivision that fails to make an accurate or timely report, or fails to send in excess revenues from traffic violations to the Department of Revenue shall lose jurisdiction on traffic-related charges until it comes into compliance with the law.

The act further applies the statute's revenue limitation provision to violations which are detected through the use of an automated traffic enforcement system.