Sec. A-1. 4 MRSA §173, sub-§4, as amended by PL 1993, c. 675, Pt. B, §9, is repealed.
Sec. A-2. 4 MRSA §173, sub-§§4-A and 4-B are enacted to read:
4-A. Law enforcement officer services, reimbursement and compensation. The court shall reimburse or compensate municipalities and counties for law enforcement officer services as follows.
A. The court shall reimburse the municipality or county that employs the law enforcement officer a flat fee of $25 for each day or part of a day that a law enforcement officer is physically present for a scheduled trial in District Court, whether or not the officer is called upon to give testimony.
B. The court shall pay a municipality or county a flat fee of $25 for each day or part of a day that a municipal or county law enforcement officer, designated by the municipality or county as its court officer, is physically present in a District Court in order to adequately handle that municipality's or county's case load.
The court officer required to be present at an arraignment may be an officer other than the arresting officer if the municipality or county has designated the officer to handle the arraignment case load of that municipality or county. In addition, one or more municipalities may designate either a municipal law enforcement officer or a county law enforcement officer to represent the municipalities at arraignments.
C. The sheriffs of the several counties shall designate and furnish deputy sheriffs to serve as bailiffs in each division of the District Court within their counties if requested by the Chief Judge. A deputy sheriff designated as bailiff must be approved by the Chief Judge and may not serve as a court officer for any law enforcement agency. Compensation for reasonable and necessary expenses, as agreed to by the parties, must be paid by the District Court.
In a municipality where a police officer has been furnished to serve as a bailiff, the Chief Judge may continue to authorize the use of a police officer as a bailiff and the District Court shall compensate the municipality. A person appointed to serve as bailiff may not serve as court officer for a municipal police department as provided in this subsection.
4-B. Law Enforcement Agency Reimbursement Fund. The Law Enforcement Agency Reimbursement Fund is established as a nonlapsing, dedicated fund within the Administrative Office of the Courts.
A. The Administrative Office of the Courts shall use the fund to reimburse municipalities and counties pursuant to subsection 4-A.
B. Six percent of fines and forfeitures collected for traffic infractions must be deposited in the fund as provided in Title 29-A, section 2602, subsection 4, paragraphs A and B.
C. The balance remaining in the fund at the end of the fiscal year must be transferred to the General Fund.
D. If there is a deficit in the fund at the end of the fiscal year, the Treasurer of State shall transfer a sufficient amount from the General Fund to balance the fund.
Sec. A-3. 29-A MRSA §2602, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
4. Fines. Except as otherwise provided in this Title, fines and forfeitures collected under this Title accrue to the General Fund, except that:
A. Six percent of fines and forfeitures collected for all traffic infractions, including fines and forfeitures collected for traffic infractions under section 561, accrues to the Law Enforcement Agency Reimbursement Fund established in Title 4, section 173, subsection 4-B. This paragraph does not apply to sections 525, 1767 and 2363;
B. Of the fines and forfeitures collected for traffic infractions under sections 511, 2356, 2360, 2380, 2387 and 2388, 7% accrues to the General Fund, 6% accrues to the Law Enforcement Agency Reimbursement Fund and the balance accrues to the General Highway Fund; and
C. Of the fines and forfeitures collected for violations other than traffic infractions under sections 511, 2356, 2360, 2380, 2387 and 2388, only $5 or 13%, whichever is greater, accrues to the General Fund and the balance accrues to the Highway Fund.
Sec. A-4. 30-A MRSA §3009, sub-§1, ¶B, as amended by PL 1997, c. 392, §1, is further amended to read:
B. The municipal officers may regulate the operation of all vehicles in the public ways and on publicly owned property.
(1) The violation of any ordinance authorized by this paragraph is a civil violation.
(2) A municipality may not adopt or enforce an ordinance authorized by this paragraph that is the same as or conflicts with any speed or other traffic control limits imposed by the Department of Transportation pursuant to Title 29-A. This subparagraph is repealed 90 days after adjournment of the Second Regular Session of the 118th Legislature.
Sec. A-5. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
1998-99
JUDICIAL DEPARTMENT
Courts, Supreme, Superior, District and Administrative
All Other ($172,526)
Deappropriates funds no longer needed to pay court officers and court witnesses from this account.
Sec. A-6. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.
1998-99
JUDICIAL DEPARTMENT
Law Enforcement Agency Reimbursement Fund
All Other $458,815
Allocates funds to authorize expenditures from the Law Enforcement Agency Reimbursement Fund to reimburse municipal and county law enforcement officers who serve as court officers and witnesses at a rate of $25 per day.
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