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Home My WebLink About2015-03-01 (2) ORDINANCE NO. 2015-03-01 CITY OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS AN ORDINANCE DESIGNATING THE DISTRICT COURT CLERK AS THE OFFICIAL RESPONSIBLE FOR THE COLLECTION OF FINES ASSESSED IN DISTRICT COURT FOR THE CITY OF BATESVILLE, ARKANSAS WHEREAS, Ark. Code Ann. § 16-13-709 provides that the city must designate the official primarily responsible for the collection of fines assessed in district court for the City of Batesville, Arkansas; and WHEREAS, the city council finds it is appropriate to designate the District Court Clerk of Independence County as the official responsible for the collection of fines assessed in District Court for the City of Batesville,Arkansas. NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Batesville, as follows: Section 1. The Independence County District Court Clerk is hereby designated as the person primarily responsible for the collection of fines assessed in District Court for the City of Batesville, Arkansas. Section 2. All ordinances previously enacted in conflict with this ordinance are hereby repealed. PASSED AND APPROVED this 24th day of March. 2015. APPROVED: _ZU Mayor ATTEST: 10 City Clerk aH38- 0 0 From the ARKANSAS MUNICIPAL LEAGUE 2nd&Willow•P.O.Box North Little Rock,RAR 72115 1*(501)374-3484 March 4, 2015 TO: MAYORS/CITY MANAGERS/CITY ADMINISTRATORS FROM: DON ZIMMERMAN, EXECUTIVE DIRECTOR OF THE ARKANSAS MUNICIPAL LEAGUE SUBJECT: CITY DESIGNATION OF COLLECTION RESPONSIBILITY The Administrative Office of the Courts (AOC), Supreme Court of Arkansas, has requested we contact our members with District Courts concerning the collection process for court-related fines and fees. AOC must be made aware of the entity designated by your city as being responsible for collections. Attached are relevant provisions of the Arkansas Code which require the designation,found at Section 16-13-709 (a)(2)(A)(i). It further states that, once the designation by the city is made, "A copy of the ordinance making the designation shall be provided to the Administrative Office of the Courts" (16-13-709 (a)(4)). Recently, AOC received requests for information from the Division of Legislative Audit and the Bureau of Legislative Research concerning this issue. AOC would like to ensure the information given is current. Included you will find statute information and a sample ordinance. Please make certain to submit a copy of your city's ordinance to the Administrative Office of the Courts no later than Wednesday, April 15, 2015. Send information to the attention of: Keith Caviness, Staff Attorney for Administrative Office of the Courts Justice Building 625 Marshall Street Little Rock, AR 72201 Tel. 501-682-9400 Fax 501-682-9410 keith.caviness@arkansas.gov Thank you, in advance, for your cooperation. �Il3�a� �Il�IIlIl�� G�aIl� a C�Il3�a�i' ��p�� s A.C.A. § 16-13-709 § 16-13-709. Responsibility for collection Effective:January 1, 2012 (2)(A)(i)The governing body or, if applicable,each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town,or city official,agency,or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state. (ii)All fines collected each month in district court or a department of district court by the designated county, town,or city official, agency,or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707. (B)The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in district court. (C)(i)The governing body or, if applicable,each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor. (ii)The contractor may receive under a written contract a commission on delinquent fines collected for district court. (iii)The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (iv)The court shall credit the defendant with the gross amount remitted to the private contractor. (v)The private contractor shall remit the gross amount collected to the county,town,or city official,agency, or department designated under subdivision(a)(2)(A)of this section on a monthly basis. (vi)The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision. (vii) Payment of the commission shall be according to accounting procedures prescribed by law. (viii)The remainder of fines received shall be disbursed pro rata under this section and§§ 16-10-209, 16-10- 308, and 16-17-707. (3)"Delinquent" means any fines assessed in the circuit courts or district courts of this state which have not been paid as ordered for a period of ninety(90)days or three (3) payments,either consecutive or concurrent, since payment was ordered or since last partial payment was received. (4)A copy of the ordinance making the designation shall be provided to the Administrative Office of the Courts. (b)(1) If a private contractor is selected to collect delinquent fines,then to ensure the integrity of the court and to protect the county,town,or city,the contractor shall register with the Secretary of State and shall file with the Secretary of State a surety bond or certificate of deposit. (see opposite page for more information) (2)The amount of the surety bond or certificate of deposit shall be fifty thousand dollars($50,000). (3)The county,town,city,or any person suffering damage by reason of the acts or omissions of the contractor may bring action on the bond for damages. (4)A contractor shall be ineligible to provide such services if the owner,operator, partner, or employee has been convicted of a felony. Credits Acts of 1995,Act 1262,§9;Acts of 1997,Act 941,§ 2;Acts of 1999,Act 1081, § 10, eff.July 30, 1999;Acts of 2001,Act 1809, § 15, eff.Aug. 13,2001;Acts of 2003,Act 1185, §95, eff.July 16, 2003;Acts of 2003,Act 1765, § 13,eff.July 16, 2003;Acts of 2005,Act 1934, §8,eff.Aug. 12,2005;Acts of 2009,Act 633, §9, eff.July 31, 2009;Acts of 2007,Act 663, §33,eff.Jan. 1,2012. A.C.A. § 16-13-709,AR ST§ 16-13-709 Current through 2014 2nd Ex.Sess.and the Nov.4, 2014,election, including changes made by the Ark.Code Rev. Comm. received through 11/15/2014.Also included are the emergency effective Acts 22, 23, and 46 from the 2015 Reg.Sess.of the 90th Arkansas General Assembly. Explanatory note: Ark. Code Ann. § 16-13-709 provides that"The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county,town,or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state." It is quite common for the district court clerk to collect the fines and so the sample ordinance designates the court clerk. However, the statute allows another official to be designated. Ordinance Designating Official For Collection of Fines ORDINANCE NO.2015- CITY OF COUNTY, ARKANSAS AN ORDINANCE DESIGNATING THE DISTRICT COURT CLERK AS THE OFFICIAL RESPONSIBLE FOR THE COLLECTION OF FINES ASSESSED IN DISTRICT COURT FOR THE CITY OF ,ARKANSAS. WHEREAS, Ark. Code Ann. § 16-13-709 provides that the city must designate the official primarily responsible for the collection of fines assessed in district court for the City of Arkansas; and WHEREAS, the City Council finds it is appropriate to designate the District Court Clerk of the City of as the official responsible for the collection of fines assessed in District Court for the City of Arkansas. NOW THEREFORE, BE IT ENACTED, by the City Council of the City of , as follows: Section 1. The District Court Clerk is hereby designated as the person primarily responsible for the collection of fines assessed in District Court for the City of , Arkansas. Section 2. All ordinances previously enacted in conflict with this ordinance are hereby repealed. PASSED AND APPROVED this th day of , 2015. APPROVED: Mayor ATTEST: Recorder/City Clerk (SEAL) (see opposite page for more information) Ordinance Designating Official For Collection of Fines