2016 Session

Budget Amendments - HB30 (Member Request)

View Budget Item
View Budget Item amendments

Chief Patron: Tyler
Co-Patron(s): Ingram
Remove Deposit of Local Fines and Fees Language (language only)

Item 3-6.05 #3h

Item 3-6.05 #3h

Adjustments and Modifications to Fees
Deposit of Fines and Fees


Page 452, strike lines 1 through 25.


(This amendment strikes language in Part 3 requiring that for localities in which local fines and fees exceed 50 percent of total fines and fees collected, that half of any local fines and fees collected in excess of 50 percent of total collections be deposited in the Literary Fund. State law allows local governments to pass ordinances based on state standards to write tickets for traffic infractions on the roads running within their jurisdictions. The fines that are collected are deposited to the general fund of local governments, and are used to pay for local public education and public safety programs. The introduced Budget Bill includes language that would require localities to deposit a portion of local fines to the state's Literary Fund. Attorney General Cuccinelli opinioned in 2013 that traffic violation fines based on local ordinances do not meet the requirements set out in Virginia's Constitution requiring state fines to be deposited to the state Literary Fund. The formula in the Budget Bill, which determines the amount of local fines remitted to the state, is unfair. The formula does not take into consideration the number of lane miles per jurisdiction, the different road classes per jurisdiction, the level of traffic congestion per jurisdiction, or the level of state traffic enforcement per jurisdiction. These variables are important to measure a locality's traffic enforcement program. Lastly, Governor McAuliffe's Task Force for Local Government Mandate Review also recommends ending the mandatory deposit of local revenues. At least 33 cities and counties are affected by the budget language. They include Hopewell, Emporia, Henrico, Fairfax City, Chesapeake, Greensville, Suffolk, Washington, Sussex, Arlington, Southampton, Falls Church, Lynchburg, Amherst, Virginia Beach, Colonial Heights, Nelson, Newport News, Carroll, Alexandria, Orange, Smyth, Charlottesville, Danville, Martinsville, Buena Vista, Brunswick, Radford, Waynesboro, Caroline, Charles City, Franklin, and Mathews.)