JEFFERSON CITY — The Senate Committee on Governmental Accountability and Fiscal Oversight, chaired by Sen. Mike Parson, R-Bolivar, held a hearing this week on the enforcement practices and penalty structure of the Missouri Department of Revenue’s Fuel Tax Enforcement Program.
During hearings held earlier this session by the Senate Appropriations Committee, allegations were raised that the department was going onto private property and pulling fuel from the tanks of private vehicles, without probable cause. Upon being questioned by members of the Senate, an attorney for the department conceded that he didn’t believe its agents had the authority to go onto private property, in those circumstances, without consent. There were also instances of excessively large fines being levied, such as one in excess of $72,000, for a violation involving less than 20 gallons of diesel fuel. The fine was later reduced to just over $1,000 after it was called into question.
“One of the most interesting facts to come out of the hearing was that the department spent $150,000 of taxpayer money to administer the program while only collecting $38,000 in fines,” said Sen. Parson. “While I support the intent of the law, spending this amount of tax dollars on the program does not seem to be an efficient use of our resources.”
Officials from the department would later acknowledge the number of violators has been very small. At the end of the hearing, the director of the department stated the program would be put on hold until internal policies are reviewed and changed to reflect the intent of the law. Changes to be made include only investigating where there is probable cause, following due process, and administering a defined and reasonable structure for assessing fines and penalties.
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