Sponsor says fines shouldn't fund enforcing agencies; cities and counties warn bill would drain local budgets

Sen. Noah Robinson told the Senate Judiciary Committee that Senate Bill 665 would require public bodies to transfer fines and civil penalties collected under state law to the State Treasurer for deposit in the state general fund.

“Fines usually are a penalty levied against an individual for doing something wrong… those fines really should not be tied the individuals making the fines,” Robinson said when he introduced the bill, arguing it could create a perverse incentive if enforcement entities directly benefited from fines.

Local governments, county associations and judicial groups told senators the proposal would sharply reduce revenue local authorities depend on to operate municipal and justice courts and to fund enforcement and specialty-court programs.

Scott Winkles of the League of Oregon Cities said the City of Beaverton alone has remitted several million dollars to state and county accounts under the current formula and that the Beaverton Municipal Court runs specialty programs such as a stay-sober court and a behavioral-health docket. He warned that if local courts become financially unviable, cases would shift to already burdened county prosecutors and state courts.

Representatives of the Association of Oregon Counties and several county courts provided data showing county courts already operate with tight margins; Tim Dooley said some justice courts received about half their operating costs from fines and fees and would face shortfalls under SB 665. Justin Lowe of the Association of Oregon Counties said the bill would erode local control and the ability to reinvest fines into local public-safety and community programs.

Patrick Singh, representing the Oregon Judges Association and the Oregon Justice of the Peace Association, said local courts process large caseloads that provide convenient local access to justice; he noted local courts have contributed collectively about $88 million to the state criminal fine account over five years for programs such as police training and drug and alcohol treatment.

Senators questioned whether the bill should be narrowed to preserve fines tied to corrective programs or local remediation funds. Robinson said he would be open to considering amendments in areas where fines were specifically intended to correct a problem. The committee took testimony and closed the hearing with no committee votes recorded.

No formal committee action was taken on SB 665 during the Feb. 12 hearing.