H.P. 1326 - L.D. 1909
An Act to Provide Continuing Financial Support for the Maine Community Policing Institute at the University of Maine at Augusta
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §116, as amended by PL 1997, c. 24, §115, is further amended to read:
§116. Funds of court
All revenue received by the Supreme Judicial or Superior Court, whether directly or pursuant to an agreement entered into with the Department of Administrative and Financial Services, Bureau of Taxation, from fines, forfeitures, penalties, fees and costs accrues to the State, except as otherwise provided under
section sections 1057 and 1057-A, Title 12, sections 3055 and 4508, Title 23, section 1653 and Title 29-A, section 2602.
Funds received by the clerk as bail in criminal cases must be deposited daily in a special account. The clerk shall deposit the funds in an interest-bearing account unless the clerk determines that it is not cost effective to do so. Interest accrued in such an account is the property of and accrues to the State. The forfeiture and setoff of bail is as otherwise provided by law.
Sec. 2. 4 MRSA §163, sub-§1, as amended by PL 1995, c. 65, Pt. A, §3 and affected by §153 and Pt. C, §15, is further amended to read:
1. District Court funds. Except as otherwise provided by law, all fines, forfeitures, surcharges, assessments and fees collected in any division of the District Court or by the violations bureau must be paid to the clerk of that District Court, who shall deposit them in a special account in a timely manner. Once each month, the clerk shall remit the sums to the Treasurer of State, who shall credit them to the General Fund. At the same time, the clerk shall remit the sums that have been collected in accordance with
section sections 1057 and 1057-A; Title 5, chapter 316-A; and Title 29-A, section 2411, subsection 7. Funds received by the clerk as bail in criminal cases must be deposited daily in a special account. The clerk shall deposit the funds in an interest-bearing account unless the clerk determines that it is not cost effective to do so. Interest accrued in the account is the property of and accrues to the State. The forfeiture and setoff of bail is governed as otherwise provided by law.
The court shall file a monthly report with the State Auditor itemizing the amount of fines, surcharges and assessments imposed and to whom each is payable.
Sec. 3. 4 MRSA §1057-A is enacted to read:
§1057-A. Maine Community Policing Institute Surcharge Fund
1. Fund established. There is established a nonlapsing fund to be known as the Maine Community Policing Institute Surcharge Fund. The Treasurer of State shall maintain the fund for the purposes of funding the Maine Community Policing Institute.
2. Surcharge imposed. In addition to the 12% surcharge collected pursuant to section 1057, a 2% surcharge must be added to every fine, forfeiture or penalty imposed by any court in this State, which for the purposes of collection and collection procedures is considered a part of the fine, forfeiture or penalty. All funds collected pursuant to this section must be deposited monthly in the Maine Community Policing Institute Surcharge Fund. All funds collected pursuant to this section must be paid to the University of Maine System for the sole purpose of funding the Maine Community Policing Institute, except that the Judicial Department may incur reasonable expenses to implement the administration of the 2% surcharge, in an amount not to exceed $11,000 annually, in fiscal years ending June 30, 2000 and June 30, 2002.
3. Report. Beginning July 1, 2000, the Maine Community Policing Institute shall annually report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters. The purpose of the report is to provide the Legislature with annual information, including training and educational program descriptions, program development and outreach and resource management.
4. Sunset. This section is repealed September 30, 2001.
Sec. 4. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
Courts - Supreme, Superior, District and Administrative
All Other $11,000
Pursuant to the Maine Revised Statutes, Title 4, section 1057-A, the Judicial Department may use proceeds from the Maine Community Policing Institute surcharge for the costs associated with implementing the surcharge. These costs include computer programming costs and costs associated with revising and distributing the law enforcement officers field reference manual.
JUDICIAL DEPARTMENT ____________
UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE
Educational and General Activities -University of Maine System
All Other $270,250 $375,000
Allocates funds pursuant to the Maine Revised Statutes, Title 4, section 1057-A, for the Maine Community Policing Institute.
BOARD OF TRUSTEES OF THE UNIVERSITY OF MAINE SYSTEM ____________ ____________
TOTAL $270,250 $375,000
TOTAL ALLOCATIONS $281,250 $375,000
Effective September 18, 1999, unless otherwise indicated.
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