2016 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Simon
Remove Deposit of Local Fines and Fees Language (language only)

Item 3-6.05 #5h

Item 3-6.05 #5h

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. A prior opinion of the Attorney General stated that such local revenues are not state revenues, and are not subject to the deposit requirements of the Literary Fund. A report published by the Office of the State Inspector General reached the same conclusion. The formula to determine "excess fees" 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. Governor McAuliffe's Task Force for Local Government Mandate Review also recommends that the mandatory taking of local revenues be struck.)