Chief Patron: James
Amend Lang. - Calculation of Court Fines (language only)

Item 3-6.05 #1h

Language
Page 518, line 23, strike "AND FEES".
Page 518, strike lines 24 through 37 and insert:
"A. Each year by May 1 the Auditor of Public Accounts shall calculate the fines reversion amount defined as equal to one-half of (i) the total of the local fines and forfeitures collected by the District Courts in the immediately preceding fiscal year less (ii) 65 percent of the total fines and forfeitures collected by the District Courts for such prior fiscal year for each locality.
B. The Auditor of Public Accounts shall provide written notice to each locality of the amount of its fines reversion as defined in A. above and shall provide a copy of the notice to the State Comptroller.
C. Each locality receiving notice that it has a fines reversion as defined in A. above shall submit a payment to the State Comptroller for the entire amount of the reversion by August 1 for deposit into the Literary Fund."

Explanation
(This amendment adjusts the provision included in the 2012 appropriation act concerning the reversion of one-half of the amount of revenues collected by localities based on local ordinances, which was in excess of 50 percent of the total collections from fines and fees. The 2012 appropriation act included language directing the Office of the State Inspector General to review this procedure. This revised language is based on the findings and recommendations in the Inspector General's report, which was released in May 2013. This revised language now restricts the consideration of revenues to be addressed by the Auditor of Public Accounts for this purpose to fines and forfeitures, thereby excluding Sheriffs' and certain other fees from the calculation. In addition, the percentage threshold, above which one half of the excess revenues are to be returned for deposit into the Literary Fund, is increased from 50 to 65 percent. Finally, the process for reverting the funds has been simplified. A companion amendment to Item 37 in this act provides for the Executive Secretary of the Supreme Court to ensure the deposits of these funds for the Commonwealth by the courts.)