2012 Special Session I

Budget Amendments - HB1301 (Conference Report)

Transfer of Funds From Local Ordinances (language only)

Item 3-6.04 #2c

Item 3-6.04 #2c

Adjustments and Modifications to Fees
Deposit of Fines and Fees

Page 400, after line 6, insert:
A.  The Auditor of Public Accounts shall annually calculate the amount of total fines and fees collected by the District Courts.  The Auditor of Public Accounts will determine those localities in which total local fines and fee collections exceed 40 percent of the total collections.  Using the Auditor of Public Accounts' calculation for fiscal year 2011, the State Comptroller shall deduct half of the amount in excess of 40 percent from any current payment of local fines and fees before remitting to the localities their remaining collections.  When the State Comptroller has recovered in total, the half of the amount exceeding 40 percent, he shall pay all local collections monthly directly to the locality's treasury.  The State Comptroller shall deposit the withheld funds in the Literary Fund, as they become available.
B.  The Auditor of Public Accounts shall provide the State Comptroller the annual calculation by May 1 of each year for future withholdings.  The State Comptroller will act as a fiscal agent, holding the amounts of local fine and fee collections in an agency fund."

(This amendment provides for the deposit into the Literary Fund of one-half of all fines and fees collected at the local level pursuant to the enforcement of local ordinances, which are in excess of 40 percent of the combined total of local and state collections, as reported annually by the Auditor of Public Accounts to the State Comptroller. A companion amendment to Item 40 requires that all such collections be deposited initially into the state general fund. All local collections under 40 percent of the total of state and local collections, plus one half of the local collections in excess of 40 percent of the total, will be transferred electronically to the respective local treasuries on a monthly basis.)