Delaware House lawmakers pass a bill that would allow courts to waive fines and fees for people who can't afford to pay them, over Republican questions.
The bill says courts can waive fees and fines “under appropriate circumstances.” This includes when a defendant receives public assistance benefit like Medicaid or is represented by the Office of Defense Services.
It heads to the State Senate with an amendment that red light camera and traffic violation fees aren’t eligible.
Minority Whip Rep. Jeff Spiegelman (R-Clayton) questioned that exception.
"So what we're saying is that the red light cameras are instrumental in our revenue, but the other fines and fees here are not?" he said.
The bill’s sponsor State Rep. Claire Snyder-Hall (Rehoboth Beach) called on Meryem Dede, Director of Tide Shift Justice Project, who explained the amendment addresses that traffic violations and tolls are processed through the Voluntary Assessment Center, which doesn’t have a judge.
"The bill contemplates a judge making a decision about waiving fines and fees," Dede said. "So there's no court, there's no judge. It's people mailing in a ticket. So administratively, it would need a different mechanism."
The Office of Management and Budget says it collected between $14 to 15 million in fines and fees last year, and is budgeting for a 40% loss if HB 133 passes.
State Rep Bryan Shupe (R-Milford) argued the legislation could create inconsistency in enforcement and makes funding harder to predict.
"We don't really know what that price tag is going to be," he said. "The finished fiscal note is indeterminable, so we don't know where that's going to fall."
House lawmakers passed the bill with 24-13 with 1 absent.
