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4 | 3 | | State of Arkansas 1 |
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5 | 4 | | 95th General Assembly A Bill 2 |
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6 | 5 | | Regular Session, 2025 HOUSE BILL 1661 3 |
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7 | 6 | | 4 |
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8 | 7 | | By: Representative Dalby 5 |
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9 | 8 | | By: Senator A. Clark 6 |
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10 | 9 | | 7 |
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11 | 10 | | For An Act To Be Entitled 8 |
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12 | 11 | | AN ACT TO AMEND THE LAWS CONCERNING STATE DISTRICT 9 |
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13 | 12 | | COURTS; TO ELIMINATE THE OBLIGATION OF CITIES AND 10 |
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14 | 13 | | COUNTIES TO PAY THE SALARIES OF STATE DISTRICT COURT 11 |
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15 | 14 | | JUDGES; TO AMEND THE LAWS CONCERNING DISTRICT COURT 12 |
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16 | 15 | | CLERKS; AND FOR OTHER PURPOSES. 13 |
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17 | 16 | | 14 |
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18 | 17 | | 15 |
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19 | 18 | | Subtitle 16 |
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20 | 19 | | TO AMEND THE LAWS CONCERNING STATE 17 |
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21 | 20 | | DISTRICT COURTS; TO ELIMINATE THE 18 |
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22 | 21 | | OBLIGATION OF CITIES AND COUNTIES TO PAY 19 |
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23 | 22 | | THE SALARIES OF STATE DISTRICT COURT 20 |
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24 | 23 | | JUDGES; AND TO AMEND THE LAWS CONCERNING 21 |
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25 | 24 | | DISTRICT COURT CLERKS. 22 |
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26 | 25 | | 23 |
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27 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 |
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28 | 27 | | 25 |
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29 | 28 | | SECTION 1. DO NOT CODIFY. Legislative findings and intent. 26 |
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30 | 29 | | (a) The General Assembly finds that: 27 |
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31 | 30 | | (1) Arkansas Constitution, Amendment 80 vested the judicial 28 |
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32 | 31 | | power of the State of Arkansas in the judicial department; 29 |
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33 | 32 | | (2) Arkansas Constitution, Amendment 94 vested the power to 30 |
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34 | 33 | | determine the salaries of state officers, including district court judges, 31 |
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35 | 34 | | with the independent citizens commission and the salaries are paid from the 32 |
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36 | 35 | | Constitutional Officers Fund, Arkansas Code § 19 -5-205; 33 |
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37 | 36 | | (3) Arkansas Constitution, Amendment 94 and Arkansas Code § 19 -34 |
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38 | 37 | | 5-205 further established that district court judges are state -elected 35 |
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39 | 38 | | officials under the Arkansas Constitution that render state judicial 36 HB1661 |
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40 | 39 | | |
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42 | 41 | | services; 1 |
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43 | 42 | | (4) Arkansas Constitution, Amendment 94, Arkansas Code § 16 -17-2 |
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44 | 43 | | 1104, Acts 2007, No. 663, Acts 2009, No. 345, and Acts 2011, No. 1219 further 3 |
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45 | 44 | | directed that the state district court judges have their salaries set by the 4 |
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46 | 45 | | independent citizens commission to be paid out of the Constitutional Officers 5 |
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47 | 46 | | Fund, Arkansas Code § 19 -5-205; 6 |
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48 | 47 | | (5) In Cotham v. Coffman, 111 Ark. 108 (1914), the Supreme Court 7 |
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49 | 48 | | established that state funds should be used for state purposes; 8 |
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50 | 49 | | (6) In Honorable v. Hyde, 2024 Ark. 114, the Supreme Court 9 |
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51 | 50 | | established that state funds should be used for state purposes; and 10 |
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52 | 51 | | (7) Over the past quarter of a century the state has 11 |
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53 | 52 | | transitioned from hundreds of part -time local municipal court, city court, 12 |
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54 | 53 | | and district court judges to, commencing January 1, 2025, seventy (70) full -13 |
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55 | 54 | | time state district court judges resulting from a consolidation of these 14 |
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56 | 55 | | courts into a unified state system of district courts. 15 |
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57 | 56 | | (b) The General Assembly intends this act to: 16 |
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58 | 57 | | (1) Eliminate the obligation of cities and counties to pay for 17 |
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59 | 58 | | the salaries of state district court judges in Arkansas; and 18 |
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60 | 59 | | (2) Provide for the efficient administration of justice. 19 |
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61 | 60 | | 20 |
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62 | 61 | | SECTION 2. Arkansas Code § 16 -10-209(5)(F)(iii), concerning the 21 |
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63 | 62 | | collection of installment payments, is repealed. 22 |
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64 | 63 | | (iii) A municipal or county governing body that 23 |
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65 | 64 | | adopted municipal or county legislation before July 1, 2012, to provide an 24 |
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66 | 65 | | alternative method of installment payment allocation as then authorized by 25 |
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67 | 66 | | state law shall remain in effect until repealed; and 26 |
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68 | 67 | | 27 |
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69 | 68 | | SECTION 3. Arkansas Code § 16 -10-307 is amended to read as follows: 28 |
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70 | 69 | | (a) There is hereby created in each county a fund in the office of the 29 |
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71 | 70 | | county treasurer to be known as the “county administration of justice fund”. 30 |
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72 | 71 | | (b) The county administration of justice fund shall be used to defray 31 |
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73 | 72 | | a part of the expenses of the administration of justice in the county. From 32 |
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74 | 73 | | the county administration of justice fund, the county shall continue to 33 |
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75 | 74 | | finance the following county agencies and programs and district court costs 34 |
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76 | 75 | | which are currently funded, in whole or in part, by filing fees and court 35 |
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77 | 76 | | costs, at a funding level equal to not less than the greater of the amount 36 HB1661 |
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78 | 77 | | |
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80 | 79 | | which was collected by the county from filing fees and court costs for the 1 |
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81 | 80 | | agency or program in the calendar year ending December 31, 1994, or the 2 |
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82 | 81 | | amount appropriated by ordinance enacted prior to December 31, 1994, or on 3 |
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83 | 82 | | February 13, 1995, or on February 14, 1995, or by resolution dated February 4 |
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84 | 83 | | 9, 1995, to the agency or program for the calendar year ending December 31, 5 |
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85 | 84 | | 1995: 6 |
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86 | 85 | | (1) The prosecuting attorney fund , including all grant funds 7 |
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87 | 86 | | awarded and appropriated for the calendar year ending December 31, 1995 ; 8 |
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88 | 87 | | (2) The prosecuting attorney's victim -witness program fund; 9 |
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89 | 88 | | (3) The public defender/indigent defense fund and public 10 |
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90 | 89 | | defender investigator fund , including all grant funds awarded and 11 |
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91 | 90 | | appropriated for the calendar year ending December 31, 1995 ; 12 |
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92 | 91 | | (4) The county law library book fund; 13 |
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93 | 92 | | (5) The county jail fund; and 14 |
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94 | 93 | | (6) The intoxication detection equipment fund ; 15 |
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95 | 94 | | (7) Operating costs of the district court; 16 |
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96 | 95 | | (8) Cost-sharing agreements related to the operation of the 17 |
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97 | 96 | | district court; and 18 |
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98 | 97 | | (9) Any other necessary costs associated with the administration 19 |
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99 | 98 | | of justice in the county . 20 |
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100 | 99 | | (c)(1)(A)(i) The For funds collected in circuit court matters, the 21 |
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101 | 100 | | county administration of justice fund of each county may retain an amount 22 |
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102 | 101 | | equal to the amount which was collected by the county from court costs and 23 |
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103 | 102 | | filing fees for county administration of justice expense in the calendar year 24 |
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104 | 103 | | ending December 31, 1994, or the amount appropriated from court costs and 25 |
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105 | 104 | | filing fees by ordinance enacted prior to December 31, 1994, or on February 26 |
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106 | 105 | | 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, 27 |
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107 | 106 | | for county administration of justice expense from court costs and filing fees 28 |
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108 | 107 | | for the calendar year ending December 31, 1995, plus, for calendar years 1995 29 |
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109 | 108 | | — 2001, an additional amount based upon the average percentage increase in 30 |
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110 | 109 | | the Consumer Price Index for All Urban Consumers or its successor, as 31 |
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111 | 110 | | published by the United States Department of Labor for the two (2) years 32 |
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112 | 111 | | immediately preceding. 33 |
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113 | 112 | | (ii) For funds collected in district court matters, 34 |
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114 | 113 | | the county administration of justice fund may retain an amount equal to but 35 |
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115 | 114 | | no more than fifty percent (50%) of uniform court costs and filing fees that 36 HB1661 |
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116 | 115 | | |
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118 | 117 | | are collected. 1 |
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119 | 118 | | (B)(i) The amount retained during calendar years 2002, 2 |
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120 | 119 | | 2003, 2004, and 2005 shall be the amount retained during calendar year 2001. 3 |
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121 | 120 | | (ii) Except as provided in subdivision 4 |
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122 | 121 | | (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each 5 |
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123 | 122 | | calendar year thereafter, an additional amount shall be added to the amount 6 |
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124 | 123 | | to be retained based upon the lesser of the average percentage increase in 7 |
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125 | 124 | | the Consumer Price Index for All Urban Consumers or its successor, as 8 |
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126 | 125 | | published by the United States Department of Labor, for the two (2) years 9 |
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127 | 126 | | immediately preceding or the percentage rate of increase in collections of 10 |
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128 | 127 | | the State Administration of Justice Fund for the two (2) years immediately 11 |
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129 | 128 | | preceding. 12 |
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130 | 129 | | (iii) The provisions of subdivision (c)(1)(B)(ii) of 13 |
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131 | 130 | | this section shall not be effective if the Chief Fiscal Officer of the State 14 |
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132 | 131 | | determines that the additional amount retained under subdivision 15 |
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133 | 132 | | (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000) 16 |
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134 | 133 | | in a calendar year and any additional amount to be retained must be 17 |
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135 | 134 | | authorized by the General Assembly. 18 |
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136 | 135 | | (C) All local ordinances of the counties and cities 19 |
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137 | 136 | | authorized and adopted under § 24 -8-318 shall remain in full force and 20 |
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138 | 137 | | effect. 21 |
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139 | 138 | | (2) For the calendar year beginning January 1, 1998, the base 22 |
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140 | 139 | | amount to be retained shall be: 23 |
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141 | 140 | | (A) Increased by any increase in the Consumer Price Index 24 |
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142 | 141 | | for All Urban Consumers as provided for in subdivision (c)(1) of this 25 |
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143 | 142 | | section; and 26 |
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144 | 143 | | (B) Decreased by eighty -five percent (85%) of the total 27 |
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145 | 144 | | dollar amount which was certified by the county as having been collected 28 |
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146 | 145 | | during calendar year 1994 and for the purpose of funding the office and 29 |
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147 | 146 | | operation of the public defender and public defender investigator. 30 |
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148 | 147 | | (d) Nothing in this section shall prevent the county from funding any 31 |
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149 | 148 | | additional costs for the administration of justice from these or other county 32 |
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150 | 149 | | funds. 33 |
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151 | 150 | | (e) The county shall remit on or before the fifteenth day of each 34 |
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152 | 151 | | month all sums received in circuit court matters in excess of the amounts 35 |
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153 | 152 | | necessary to fund the expenses enumerated in subsections (b) and (c) of this 36 HB1661 |
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154 | 153 | | |
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156 | 155 | | section during the previous month from the uniform filing fees provided for 1 |
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157 | 156 | | in §§ 21-6-403 and 9-15-202, and the uniform court costs provided for in § 2 |
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158 | 157 | | 16-10-305 to the Administration of Justice Funds Section for deposit into the 3 |
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159 | 158 | | State Administration of Justice Fund. 4 |
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160 | 159 | | (f) The county shall remit on or before the fifteenth day of each 5 |
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161 | 160 | | month fifty percent (50%) of the moneys collected in district court matters 6 |
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162 | 161 | | during the previous month from the uniform filing fees provided for in §16 -7 |
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163 | 162 | | 17-705 and the uniform court costs provided for in § 16 -10-305 to the 8 |
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164 | 163 | | Administration of Justice Funds Section for deposit into the State 9 |
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165 | 164 | | Administration of Justice Fund. 10 |
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166 | 165 | | 11 |
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167 | 166 | | SECTION 4. Arkansas Code § 16 -10-308 is amended to read as follows: 12 |
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168 | 167 | | 16-10-308. City administration of justice fund. 13 |
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169 | 168 | | (a)(1) There is hereby created in each town or city which operates a 14 |
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170 | 169 | | district court a fund in the office of the city treasurer to be known as the 15 |
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171 | 170 | | “city administration of justice fund”. 16 |
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172 | 171 | | (2)(A) A town or city operating a city court that becomes a 17 |
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173 | 172 | | department of district court shall continue to maintain the city 18 |
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174 | 173 | | administration of justice fund as originally established by this section. 19 |
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175 | 174 | | (B) The city administration of justice fund of any town or 20 |
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176 | 175 | | city shall cease to exist on and after the effective date of the ordinance 21 |
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177 | 176 | | that abolishes the department of district court for that town or city 22 |
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178 | 177 | | pursuant to state law. 23 |
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179 | 178 | | (b) The city administration of justice fund shall be used to defray a 24 |
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180 | 179 | | part of the expense of the administration of justice in the town or city. 25 |
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181 | 180 | | From the city administration of justice fund, the town or city shall continue 26 |
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182 | 181 | | to finance the following town or city agencies and programs and district 27 |
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183 | 182 | | court costs which are currently funded, in whole or in part, by filing fees 28 |
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184 | 183 | | and court costs, at a funding level equal to not less than the greater of the 29 |
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185 | 184 | | amount which was collected by the town or city from court costs and filing 30 |
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186 | 185 | | fees for the agency or program in the calendar year ending December 31, 1994, 31 |
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187 | 186 | | or the amount appropriated by ordinance enacted prior to December 31, 1994, 32 |
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188 | 187 | | to the agency or program for the calendar year ending December 31, 1995 : 33 |
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189 | 188 | | (1) The municipal court judge and clerk retirement fund for 34 |
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190 | 189 | | disbursement as otherwise provided by law; 35 |
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191 | 190 | | (2) The police and fire pension fund; 36 HB1661 |
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192 | 191 | | |
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194 | 193 | | (3) The intoxication detection equipment fund; 1 |
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195 | 194 | | (4) All municipal-level programs and agencies funded in whole or 2 |
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196 | 195 | | in part by court costs and filing fees assessed and collected by the district 3 |
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197 | 196 | | court, notwithstanding the repeal by this act of laws authorizing the 4 |
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198 | 197 | | collection of court costs and filing fees; and 5 |
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199 | 198 | | (5) All county-level programs and agencies funded in whole or in 6 |
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200 | 199 | | part by court costs and filing fees assessed and collected by the district 7 |
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201 | 200 | | court, notwithstanding the repeal by this act of laws authorizing the 8 |
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202 | 201 | | collection of court costs and filing fees and the disbursement of all or a 9 |
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203 | 202 | | part thereof to the county ; 10 |
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204 | 203 | | (6) Operating costs of the district court; 11 |
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205 | 204 | | (7) Cost-sharing agreements related to the operation of the 12 |
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206 | 205 | | district court; and 13 |
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207 | 206 | | (8) Any other necessary costs associated with the administration 14 |
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208 | 207 | | of justice in the city or town . 15 |
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209 | 208 | | (c)(1)(A) The city administration of justice fund of each town or city 16 |
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210 | 209 | | may retain an amount equal to the amount which was collected by the town or 17 |
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211 | 210 | | city from court costs and filing fees for city administration of justice 18 |
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212 | 211 | | expense in the calendar year ending December 31, 1994, or the amount 19 |
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213 | 212 | | appropriated from court costs and filing fees by ordinance enacted prior to 20 |
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214 | 213 | | December 31, 1994, for city or county administration of justice expense from 21 |
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215 | 214 | | court costs and filing fees for the calendar year ending December 31, 1995, 22 |
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216 | 215 | | plus, for calendar years 1995 -2001, an additional amount based upon the 23 |
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217 | 216 | | average percentage increase in the Consumer Price Index for All Urban 24 |
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218 | 217 | | Consumers or its successor, as published by the United States Department of 25 |
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219 | 218 | | Labor for the two (2) years immediately preceding but no more than fifty 26 |
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220 | 219 | | percent (50%) of uniform court costs and filing fees that are collected . 27 |
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221 | 220 | | (B)(i) The amount retained during calendar years 2002, 28 |
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222 | 221 | | 2003, 2004, and 2005 shall be the amount retained during calendar year 2001. 29 |
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223 | 222 | | (ii) Except as provided in subdivision 30 |
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224 | 223 | | (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each 31 |
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225 | 224 | | calendar year thereafter, an additional amount shall be added to the amount 32 |
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226 | 225 | | to be retained based upon the lesser of the average percentage increase in 33 |
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227 | 226 | | the Consumer Price Index for All Urban Consumers or its successor, as 34 |
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228 | 227 | | published by the United States Department of Labor, for the two (2) years 35 |
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229 | 228 | | immediately preceding or the percentage rate of increase in collections of 36 HB1661 |
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230 | 229 | | |
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232 | 231 | | the State Administration of Justice Fund for the two (2) years immediately 1 |
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233 | 232 | | preceding. 2 |
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234 | 233 | | (iii) The provisions of subdivision (c)(1)(B)(ii) of 3 |
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235 | 234 | | this section shall not be effective if the Chief Fiscal Officer of the State 4 |
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236 | 235 | | determines that the additional amount retained under subdivision 5 |
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237 | 236 | | (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000) 6 |
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238 | 237 | | in a calendar year, and any additional amount to be retained must be 7 |
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239 | 238 | | authorized by the General Assembly. 8 |
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240 | 239 | | (C) All local ordinances of the counties and cities 9 |
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241 | 240 | | authorized and adopted under § 24-8-318 shall remain in full force and 10 |
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242 | 241 | | effect. 11 |
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243 | 242 | | (2) For the calendar year beginning January 1, 1998, the base 12 |
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244 | 243 | | amount to be retained shall be: 13 |
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245 | 244 | | (A) Increased by any increase in the Consumer Price Index 14 |
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246 | 245 | | for All Urban Consumers as provided for in subdivision (c)(1) of this 15 |
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247 | 246 | | section; and 16 |
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248 | 247 | | (B) Decreased by eighty -five percent (85%) of the total 17 |
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249 | 248 | | dollar amount which was certified by the town or city as having been 18 |
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250 | 249 | | collected during calendar year 1994 for the purpose of funding the office and 19 |
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251 | 250 | | operation of the public defender and public defender investigator. 20 |
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252 | 251 | | (d) Nothing in this act shall prevent the town or city from funding 21 |
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253 | 252 | | any additional costs for the administration of justice from other town or 22 |
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254 | 253 | | city funds. 23 |
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255 | 254 | | (e) The town or city shall remit, on or before the fifteenth day of 24 |
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256 | 255 | | each month, all sums received in excess of the amounts necessary to fund the 25 |
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257 | 256 | | expenses enumerated in subsections (b) and (c) of this section fifty percent 26 |
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258 | 257 | | (50%) of the moneys collected during the previous month from the uniform 27 |
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259 | 258 | | filing fees provided for in §16 -17-705 and the uniform court costs provided 28 |
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260 | 259 | | for in § 16-10-305 to the Administration of Justice Funds Section for deposit 29 |
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261 | 260 | | into the State Administration of Justice Fund. 30 |
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262 | 261 | | 31 |
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263 | 262 | | SECTION 5. Arkansas Code § 16 -10-602 is amended to read as follows: 32 |
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264 | 263 | | 16-10-602. Establishment of city and county shares. 33 |
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265 | 264 | | (a) Pursuant to §§§ 16-10-307(c) and 16-10-308(c), each town, city, 34 |
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266 | 265 | | and a county may retain a portion of the uniform court costs and filing fees 35 |
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267 | 266 | | collected and deposited into the city or county administration of justice 36 HB1661 |
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268 | 267 | | |
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270 | 269 | | fund. 1 |
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271 | 270 | | (b) On or before the first day of October of each year, the Department 2 |
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272 | 271 | | of Finance and Administration shall certify in writing to each county and to 3 |
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273 | 272 | | each town or city which operates a district court the amount of money which 4 |
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274 | 273 | | may be retained during each month of the following calendar year by the town, 5 |
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275 | 274 | | city, or county. 6 |
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276 | 275 | | (c) Each town, city, or county which operates a district court, may 7 |
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277 | 276 | | retain a portion of the uniform court costs and filing fees collected in 8 |
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278 | 277 | | district court matters and deposited into the city administration of justice 9 |
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279 | 278 | | fund or county administration of justice fund. 10 |
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280 | 279 | | (d) The amount of money which may be retained from district court 11 |
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281 | 280 | | matters shall be fifty percent (50%) of the uniform court costs and filing 12 |
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282 | 281 | | fees collected during each month by the town, city, or county. 13 |
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283 | 282 | | 14 |
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284 | 283 | | SECTION 6. Arkansas Code § 16 -10-603(b), concerning the procedure for 15 |
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285 | 284 | | county administration of justice funds, is amended to read as follows: 16 |
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286 | 285 | | (b) From the county administration of justice fund, the county 17 |
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287 | 286 | | treasurer is to make, on a monthly basis, the following fund transfers or 18 |
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288 | 287 | | disbursements: 19 |
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289 | 288 | | (1)(A) Pursuant to § 16 -10-307(c), the Department of Finance and 20 |
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290 | 289 | | Administration will certify for each county the county's monthly share of 21 |
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291 | 290 | | uniform court costs and filing fees to be retained by the county in circuit 22 |
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292 | 291 | | court matters. 23 |
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293 | 292 | | (B)(i) Each year the quorum court shall establish the 24 |
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294 | 293 | | amount of uniform filing fees and court costs to be appropriated to each of 25 |
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295 | 294 | | the county programs or agencies enumerated in § 16 -10-307(b) from the 26 |
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296 | 295 | | county's share of uniform court costs and filing fees .; 27 |
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297 | 296 | | (ii) Each program or agency shall receive, as a 28 |
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298 | 297 | | minimum, the amount established by § 16 -10-307(b); and 29 |
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299 | 298 | | (2) The excess of the monthly receipts of uniform filing fees 30 |
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300 | 299 | | and court costs into the fund from subdivisions (a)(2)(A) and (B) of this 31 |
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301 | 300 | | section, less the county's certified monthly share and the county treasurer's 32 |
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302 | 301 | | commission, if any, as authorized by § 21 -6-302, shall be remitted to the 33 |
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303 | 302 | | Department of Finance and Administration, pursuant to § 16 -10-307(e); and 34 |
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304 | 303 | | (3) Fifty percent (50%) of the monthly receipts of uniform 35 |
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305 | 304 | | filing fees and court costs into the fund from subdivisions (a)(2)(C) and (D) 36 HB1661 |
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308 | 307 | | of this section, shall be remitted to the department pursuant to § 16 -10-1 |
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309 | 308 | | 307(e). 2 |
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310 | 309 | | 3 |
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311 | 310 | | SECTION 7. Arkansas Code § 16 -10-604(b)—(d), concerning the procedure 4 |
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312 | 311 | | for city administration of justice funds, is amended to read as follows: 5 |
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313 | 312 | | (b) From the city administration of justice fund, the following fund 6 |
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314 | 313 | | transfers or disbursements shall be made on a monthly basis: 7 |
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315 | 314 | | (1)(A) Pursuant to § 16-10-308(c), the Department of Finance and 8 |
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316 | 315 | | Administration will certify for each town or city the town's or city's 9 |
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317 | 316 | | monthly share of uniform court costs and filing fees to be retained by the 10 |
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318 | 317 | | town or city Each town's or city's share shall be an amount equal to fifty 11 |
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319 | 318 | | percent (50%) of the uniform court costs and filing fees collected during 12 |
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320 | 319 | | each month by the town or city . 13 |
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321 | 320 | | (B)(i) Each year the town or city council shall establish 14 |
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322 | 321 | | the amount of uniform filing fees and court costs to be appropriated to each 15 |
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323 | 322 | | of the town or city programs or agencies enumerated in § 16 -10-308(b) from 16 |
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324 | 323 | | the town's or city's share of uniform court costs and filing fees. 17 |
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325 | 324 | | (ii) Each program or agency shall receive, as a 18 |
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326 | 325 | | minimum, the amount established by § 16 -10-308(b). 19 |
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327 | 326 | | (C) Each program or agency shall be paid, by warrant or 20 |
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328 | 327 | | fund transfer, a monthly installment of at least one -twelfth (1/12) of the 21 |
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329 | 328 | | annual appropriation provided for each by the town or city council; 22 |
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330 | 329 | | (2)(A) Pursuant to § 16 -10-308(b)(5), the town or city shall 23 |
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331 | 330 | | remit to the county treasurer for deposit into the county administration of 24 |
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332 | 331 | | justice fund a portion of the town's or city's share of uniform court costs 25 |
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333 | 332 | | and filing fees. 26 |
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334 | 333 | | (B) The amount of the remittance shall be based upon the 27 |
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335 | 334 | | amount, if any, of uniform court costs and filing fees which had been 28 |
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336 | 335 | | remitted by the town or city to common agreement of the town or city and the 29 |
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337 | 336 | | county and shall be used by the county to fund county -level programs and 30 |
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338 | 337 | | agencies during the base year defined in § 16-10-308(b).; and 31 |
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339 | 338 | | (C) By common agreement, towns, cities, and counties may 32 |
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340 | 339 | | establish a different fixed dollar amount or percentage of the town's or 33 |
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341 | 340 | | city's monthly share of filing fees and court costs which shall be remitted 34 |
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342 | 341 | | to the county treasurer; 35 |
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343 | 342 | | (3) For the calendar year beginning January 1, 1998, the amount 36 HB1661 |
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344 | 343 | | |
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345 | 344 | | 10 03/03/2025 3:06:51 PM CEB067 |
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346 | 345 | | of the remittance shall be based upon the amount, if any, of uniform court 1 |
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347 | 346 | | costs and filing fees which had been remitted by the town or city to fund 2 |
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348 | 347 | | county-level programs and agencies during the base year defined in § 16 -10-3 |
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349 | 348 | | 308(b), less eighty-five percent (85%) of the total dollar amount which was 4 |
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350 | 349 | | certified by the town or city as having been collected during calendar year 5 |
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351 | 350 | | 1994 for the purpose of funding the office and operation of the public 6 |
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352 | 351 | | defender and public defender investigator; and 7 |
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353 | 352 | | (4) The excess of the monthly receipts into the fund, less the 8 |
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354 | 353 | | town's or city's certified monthly share, Fifty percent (50%) of the uniform 9 |
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355 | 354 | | court costs and filing fees collected during each month by the town or city 10 |
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356 | 355 | | shall be remitted to the department Administration of Justice Fund Section in 11 |
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357 | 356 | | the Department of Finance and Administration , pursuant to under § 16-10-12 |
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358 | 357 | | 308(e). 13 |
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359 | 358 | | (c)(1) If a district court is operated solely by a county rather than 14 |
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360 | 359 | | a town or city and all of the uniform court costs and filing fees collected 15 |
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361 | 360 | | by the court are remitted to the county, the town or city shall not be 16 |
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362 | 361 | | required to create a city administration of justice fund. 17 |
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363 | 362 | | (2) The town's or city's share of uniform court costs and filing 18 |
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364 | 363 | | fees shall be remitted directly to the county treasurer for deposit into the 19 |
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365 | 364 | | county administration of justice fund. 20 |
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366 | 365 | | (d)(1)(A) For any district court which was created after January 1, 21 |
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367 | 366 | | 1994, such that the base year used to calculate the town's or city's share 22 |
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368 | 367 | | pursuant to § 16-10-308 was not complete, the town or city share shall be 23 |
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369 | 368 | | deemed to be fifty percent (50%) of the uniform court costs and filing fees 24 |
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370 | 369 | | collected and remitted to the city administration of justice fund. 25 |
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371 | 370 | | (B) District courts created pursuant to § 16 -17-901 et 26 |
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372 | 371 | | seq. shall not be considered for purposes of this section to have been 27 |
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373 | 372 | | created after January 1, 1994, or to have a base year that is not complete if 28 |
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374 | 373 | | the district court is merely a continuation of a district or city court that 29 |
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375 | 374 | | was in existence on December 31, 2007, or December 31, 2011 . 30 |
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376 | 375 | | (C) From the fifty-percent share described in subdivision 31 |
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377 | 376 | | (d)(1)(A) of this section, the town or city shall disburse or transfer fifty 32 |
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378 | 377 | | percent (50%) of the funds to the local programs or agencies pursuant to 33 |
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379 | 378 | | subdivision (b)(1) of this section and fifty percent (50%) to the county 34 |
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380 | 379 | | treasurer pursuant to subdivision (b)(2) of this section. 35 |
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381 | 380 | | (2) The remaining fifty percent (50%) shall be remitted to the 36 HB1661 |
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382 | 381 | | |
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383 | 382 | | 11 03/03/2025 3:06:51 PM CEB067 |
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384 | 383 | | Department of Finance and Administration, pursuant to § 16 -10-308(e). 1 |
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385 | 384 | | 2 |
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386 | 385 | | SECTION 8. Arkansas Code § 16 -13-704 is amended to read as follows: 3 |
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387 | 386 | | 16-13-704. Installment payments — Definition. 4 |
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388 | 387 | | (a)(1) If the court concludes that the defendant has the ability to 5 |
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389 | 388 | | pay the fine, but that requiring the defendant to make immediate payment in 6 |
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390 | 389 | | full would cause a severe and undue hardship for the defendant and the 7 |
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391 | 390 | | defendant's dependents, the court may authorize payment of the fine by means 8 |
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392 | 391 | | of installment payments in accordance with this subchapter. 9 |
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393 | 392 | | (2)(A) When a court authorizes payment of a fine by means of 10 |
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394 | 393 | | installment payments, it shall issue, without a separate disclosure hearing, 11 |
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395 | 394 | | an order that the fine be paid in full by a date certain and that in default 12 |
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396 | 395 | | of payment, the defendant must appear in court to explain the failure to pay. 13 |
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397 | 396 | | (B) In fixing the date of payment, the court shall issue 14 |
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398 | 397 | | an order which will complete payment of the fine as promptly as possible 15 |
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399 | 398 | | without creating a severe and undue hardship for the defendant and the 16 |
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400 | 399 | | defendant's dependents. 17 |
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401 | 400 | | (3) When a person is authorized to pay a fine on an installment 18 |
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402 | 401 | | basis, any court cost assessed under § 9 -15-202(d) or § 16-10-305(h) shall be 19 |
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403 | 402 | | collected from the initial installment payment first. 20 |
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404 | 403 | | (b)(1)(A) In addition to the fine and any other assessments authorized 21 |
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405 | 404 | | by this subchapter, an installment fee of five dollars ($5.00) per month 22 |
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406 | 405 | | shall be assessed on each person who is authorized to pay a fine on an 23 |
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407 | 406 | | installment basis. 24 |
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408 | 407 | | (B) This fee shall be collected in full each month in 25 |
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409 | 408 | | which a defendant makes an installment payment. 26 |
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410 | 409 | | (C) This fee shall accrue each month that a defendant does 27 |
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411 | 410 | | not make an installment payment and the fine has not been paid in full. 28 |
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412 | 411 | | (2)(A)(i) One-half (½) of the installment fee collected in 29 |
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413 | 412 | | circuit court shall be remitted by the tenth day of each month to the 30 |
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414 | 413 | | Administration of Justice Funds Section of the Office of Administrative 31 |
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415 | 414 | | Services of the Department of Finance and Administration, on a form provided 32 |
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416 | 415 | | by that office the Office of Administrative Services , for deposit into the 33 |
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417 | 416 | | Judicial Fine Collection Enhancement Fund established by § 16 -13-712. 34 |
---|
418 | 417 | | (ii) The other half of the installment fee shall be 35 |
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419 | 418 | | remitted by the tenth day of each month to the county treasurer to be 36 HB1661 |
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420 | 419 | | |
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421 | 420 | | 12 03/03/2025 3:06:51 PM CEB067 |
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422 | 421 | | deposited into a fund entitled the “circuit court automation fund” to be used 1 |
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423 | 422 | | solely for circuit court -related technology. 2 |
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424 | 423 | | (B)(i) Expenditures from the circuit court automation fund 3 |
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425 | 424 | | shall be approved by the administrative circuit judge of each judicial 4 |
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426 | 425 | | circuit and shall be authorized and paid under the state laws governing the 5 |
---|
427 | 426 | | appropriation and payment of county expenditures. 6 |
---|
428 | 427 | | (ii) Expenditures may be made for indirect expenses 7 |
---|
429 | 428 | | related to implementation of new court -related technology, including overtime 8 |
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430 | 429 | | pay, personnel or travel expenses, and technology -related supplies. 9 |
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431 | 430 | | (iii) Funds in each county in a judicial district may 10 |
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432 | 431 | | be pooled for expenditure pursuant to a circuit -wide technology plan approved 11 |
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433 | 432 | | by the administrative circuit judge. 12 |
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434 | 433 | | (3)(A) One-half (½) of the installment fee collected in district 13 |
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435 | 434 | | court shall be remitted by the tenth day of each month to the Administration 14 |
---|
436 | 435 | | of Justice Funds Section, on a form provided by that section, for deposit 15 |
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437 | 436 | | into the Judicial Fine Collection Enhancement Fund established by § 16 -13-16 |
---|
438 | 437 | | 712. 17 |
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439 | 438 | | (B) The other half of the installment fee collected in 18 |
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440 | 439 | | district court shall be remitted by the tenth day of each month to the city 19 |
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441 | 440 | | treasurer of the city in which the district court is located to be deposited 20 |
---|
442 | 441 | | into a fund entitled the “district court automation fund” to be used solely 21 |
---|
443 | 442 | | for district court-related technology and court security-related 22 |
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444 | 443 | | expenditures. 23 |
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445 | 444 | | (C) In any district court which is funded solely by the 24 |
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446 | 445 | | county, the other half of this fee shall be remitted by the tenth day of each 25 |
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447 | 446 | | month to the county treasurer of the county in which the district court is 26 |
---|
448 | 447 | | located to be deposited into the district court automation fund to be used 27 |
---|
449 | 448 | | solely for district court -related technology and court security-related 28 |
---|
450 | 449 | | expenditures. 29 |
---|
451 | 450 | | (D)(i) Expenditures from the district court automation 30 |
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452 | 451 | | fund shall be approved by a district judge and shall be authorized and paid 31 |
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453 | 452 | | under state laws governing the appropriation and payment of county or 32 |
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454 | 453 | | municipal expenditures by the governing body or, if applicable, governing 33 |
---|
455 | 454 | | bodies, that contribute to the expenses of a district court. 34 |
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456 | 455 | | (ii) Expenditures may be made for indirect expenses 35 |
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457 | 456 | | related to implementation of new court -related technology, including overtime 36 HB1661 |
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458 | 457 | | |
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459 | 458 | | 13 03/03/2025 3:06:51 PM CEB067 |
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460 | 459 | | pay, personnel or travel expenses, and technology -related supplies. 1 |
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461 | 460 | | (iii)(a) Expenditures may be made for indirect 2 |
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462 | 461 | | expenses related to the hiring and training of court security officers, 3 |
---|
463 | 462 | | including travel expenses related to the training of court security officers. 4 |
---|
464 | 463 | | (b) Expenditures do not include salary, 5 |
---|
465 | 464 | | benefits, or overtime pay for court security officers. 6 |
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466 | 465 | | (E)(i) In circuit court only, an installment fee of an 7 |
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467 | 466 | | additional five dollars ($5.00) per month shall also be assessed on the first 8 |
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468 | 467 | | day of each month on each person who is ordered to pay a fine on an 9 |
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469 | 468 | | installment basis with the additional five dollars ($5.00) to be remitted to 10 |
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470 | 469 | | the collecting official to be used to defray the cost of fine collection. 11 |
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471 | 470 | | (ii) In district court only, an installment fee of 12 |
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472 | 471 | | an additional five dollars ($5.00) per month shall also be assessed on the 13 |
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473 | 472 | | first day of each month on each person who is ordered to pay a fine on an 14 |
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474 | 473 | | installment basis with the additional five dollars ($5.00) to be remitted by 15 |
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475 | 474 | | the tenth day of each month to the Administration of Justice Funds Section on 16 |
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476 | 475 | | a form provided by that section for deposit into the State Administration of 17 |
---|
477 | 476 | | Justice Fund. 18 |
---|
478 | 477 | | (c)(1) For cases filed on or after January 1, 2026, in district court 19 |
---|
479 | 478 | | only, the fee authorized in subdivision (b)(1)(A) of this section shall be 20 |
---|
480 | 479 | | five dollars ($5.00) and the fee authorized in subdivision (b)(3)(E)(ii) 21 |
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481 | 480 | | of this section shall be two dollars and fifty cents ($2.50). 22 |
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482 | 481 | | (2) The installment fees shall be assessed and collected until 23 |
---|
483 | 482 | | the defendant has paid ninety dollars ($90.00) in installment fees or the 24 |
---|
484 | 483 | | total assessment owed by the defendant has been paid, whichever occurs first. 25 |
---|
485 | 484 | | (3) When the defendant has paid ninety dollars ($90.00) in 26 |
---|
486 | 485 | | installment fees on his or her respective assessment, no more installment 27 |
---|
487 | 486 | | fees shall be assessed or collected. 28 |
---|
488 | 487 | | (4) If a defendant is ordered to pay a new fine, the ninety -29 |
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489 | 488 | | dollar installment fee cap shall not carry over or prevent a new assessment 30 |
---|
490 | 489 | | of a monthly installment payment fee. 31 |
---|
491 | 490 | | (5) If a defendant is making an installment payment in more than 32 |
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492 | 491 | | one (1) department of a district court, the fees authorized in this 33 |
---|
493 | 492 | | subsection shall be assessed and collected by each department. 34 |
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494 | 493 | | (d) By September 1 of each year: 35 |
---|
495 | 494 | | (1) The county treasurer shall submit electronically or in 36 HB1661 |
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496 | 495 | | |
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497 | 496 | | 14 03/03/2025 3:06:51 PM CEB067 |
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498 | 497 | | writing a report disclosing the balance of the circuit court automation fund 1 |
---|
499 | 498 | | to the Administrative Office of the Courts, the Department of Finance and 2 |
---|
500 | 499 | | Administration, the county judge of each county in the judicial circuit, and 3 |
---|
501 | 500 | | each circuit judge of the judicial circuit; 4 |
---|
502 | 501 | | (2) The city treasurer of the city in which a department of a 5 |
---|
503 | 502 | | district court is located shall submit electronically or in writing a report 6 |
---|
504 | 503 | | disclosing the balance of the district court automation fund to the 7 |
---|
505 | 504 | | Administrative Office of the Courts, the Department of Finance and 8 |
---|
506 | 505 | | Administration, the county judge of each county in the judicial district, the 9 |
---|
507 | 506 | | mayor of each city contributing to the operating expenses of the department 10 |
---|
508 | 507 | | of the district court, and each district judge of the judicial district; and 11 |
---|
509 | 508 | | (3) The county treasurer shall submit electronically or in 12 |
---|
510 | 509 | | writing a report disclosing the balance of the district court automation fund 13 |
---|
511 | 510 | | to the Administrative Office of the Courts, the Department of Finance and 14 |
---|
512 | 511 | | Administration, the county judge of each county in the judicial district, the 15 |
---|
513 | 512 | | mayor of each city contributing to the operating expenses of the department 16 |
---|
514 | 513 | | of the district court, and each district judge of the judicial district. 17 |
---|
515 | 514 | | (c)(e) Any defendant who has been authorized by the court to pay a 18 |
---|
516 | 515 | | fine by installments shall be considered to have irrevocably appointed the 19 |
---|
517 | 516 | | clerk of the court as his or her agent upon whom all papers affecting his or 20 |
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518 | 517 | | her liability may be served, and the clerk shall forthwith notify the 21 |
---|
519 | 518 | | defendant thereof by ordinary mail at his or her last known address. 22 |
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520 | 519 | | (d)(f) “Ability to pay” means that the resources of the defendant, 23 |
---|
521 | 520 | | including all available income and resources, are sufficient to pay the fine 24 |
---|
522 | 521 | | and provide the defendant and his or her dependents with a reasonable 25 |
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523 | 522 | | subsistence compatible with health and decency. 26 |
---|
524 | 523 | | (g) Unless extended or repealed, the authority to assess and collect 27 |
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525 | 524 | | the installment fee authorized in subdivision (b)(1)(A) of this section for 28 |
---|
526 | 525 | | cases filed in district court and the installment fee authorized in 29 |
---|
527 | 526 | | subdivision (b)(3)(E)(ii) of this section shall expire on December 31, 2031. 30 |
---|
528 | 527 | | 31 |
---|
529 | 528 | | SECTION 9. Arkansas Code § 16 -17-121 is amended to read as follows: 32 |
---|
530 | 529 | | 16-17-121. Salary increases — Factors to consider. 33 |
---|
531 | 530 | | (a) In the event the General Assembly establishes a district court 34 |
---|
532 | 531 | | cost fund to be used exclusively for the operation and expenses of the 35 |
---|
533 | 532 | | district court, any district court judge's, clerk's, or other employee's 36 HB1661 |
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534 | 533 | | |
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535 | 534 | | 15 03/03/2025 3:06:51 PM CEB067 |
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536 | 535 | | salary authorized by § 16 -17-108 may be increased from the minimum salary 1 |
---|
537 | 536 | | upward to any amount not exceeding the maximum salary authorized in § 16 -17-2 |
---|
538 | 537 | | 108 and may be paid from the fund as set forth hereafter. 3 |
---|
539 | 538 | | (b) The city council or the county quorum court, or both, if 4 |
---|
540 | 539 | | authorized, of the local governmental jurisdictions responsible for paying 5 |
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541 | 540 | | the salaries of the district court judge, clerks, and other employees may 6 |
---|
542 | 541 | | authorize salary increases for the various court personnel as authorized 7 |
---|
543 | 542 | | above after considering the following factors: 8 |
---|
544 | 543 | | (1) The amount and availability of funds in the district court 9 |
---|
545 | 544 | | cost fund; 10 |
---|
546 | 545 | | (2) The volume of caseload; 11 |
---|
547 | 546 | | (3) The backlog of cases, if any, on the court docket; 12 |
---|
548 | 547 | | (4) The time required in dealing with cases; and 13 |
---|
549 | 548 | | (5) The skill required in dealing with cases ; and 14 |
---|
550 | 549 | | (6) The amount of time taken away from the judge's private 15 |
---|
551 | 550 | | practice, if applicable . 16 |
---|
552 | 551 | | 17 |
---|
553 | 552 | | SECTION 10. Arkansas Code Title 16, Chapter 17, Subchapter 9, is 18 |
---|
554 | 553 | | repealed. 19 |
---|
555 | 554 | | 16-17-901. Definitions. 20 |
---|
556 | 555 | | As used in this subchapter, unless the context otherwise requires: 21 |
---|
557 | 556 | | (1) “Department” means the physical location where sessions of 22 |
---|
558 | 557 | | district court are held; and 23 |
---|
559 | 558 | | (2) “Division” means the subject matter division of the district 24 |
---|
560 | 559 | | court. 25 |
---|
561 | 560 | | 26 |
---|
562 | 561 | | 16-17-902. Counties having one district court. 27 |
---|
563 | 562 | | (a) Each of the following counties shall have one (1) district court 28 |
---|
564 | 563 | | and one (1) district judge: 29 |
---|
565 | 564 | | (1) Howard; 30 |
---|
566 | 565 | | (2) Montgomery; 31 |
---|
567 | 566 | | (3) Perry; 32 |
---|
568 | 567 | | (4) Polk; 33 |
---|
569 | 568 | | (5) Randolph; 34 |
---|
570 | 569 | | (6) Scott; 35 |
---|
571 | 570 | | (7) Sevier; and 36 HB1661 |
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572 | 571 | | |
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573 | 572 | | 16 03/03/2025 3:06:51 PM CEB067 |
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574 | 573 | | (8) Stone. 1 |
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575 | 574 | | (b) The district court shall be located in the county seat of each 2 |
---|
576 | 575 | | county listed in subsection (a) of this section. 3 |
---|
577 | 576 | | (c)(1) The judge of any district court located in a county with one 4 |
---|
578 | 577 | | (1) district court shall be elected countywide. 5 |
---|
579 | 578 | | (2) If there is only one (1) district court in a county, it 6 |
---|
580 | 579 | | shall have countywide jurisdiction. 7 |
---|
581 | 580 | | 8 |
---|
582 | 581 | | 16-17-907. Clay County District Court. 9 |
---|
583 | 582 | | (a)(1) Clay County shall have one (1) district court with three (3) 10 |
---|
584 | 583 | | departments: 11 |
---|
585 | 584 | | (A) One (1) located in Corning; 12 |
---|
586 | 585 | | (B) One (1) located in Piggott; and 13 |
---|
587 | 586 | | (C) One (1) located in Rector. 14 |
---|
588 | 587 | | (2) All three (3) departments are to be served by one (1) judge. 15 |
---|
589 | 588 | | (b) The Clay County District Court Judge shall be elected countywide. 16 |
---|
590 | 589 | | (c) The Clay County District Court shall have countywide jurisdiction. 17 |
---|
591 | 590 | | 18 |
---|
592 | 591 | | 16-17-914. Lonoke County District Courts. 19 |
---|
593 | 592 | | (a) Lonoke County, having two (2) judicial districts, shall have the 20 |
---|
594 | 593 | | following district courts and judges: 21 |
---|
595 | 594 | | (1)(A) The Northern District of Lonoke County shall have one (1) 22 |
---|
596 | 595 | | district court, with three (3) departments: 23 |
---|
597 | 596 | | (i) One (1) located in Cabot; 24 |
---|
598 | 597 | | (ii) One (1) located in Ward; and 25 |
---|
599 | 598 | | (iii) One (1) located in Austin. 26 |
---|
600 | 599 | | (B) All three (3) departments are to be served by one (1) 27 |
---|
601 | 600 | | district judge; and 28 |
---|
602 | 601 | | (2)(A) The Southern District of Lonoke County shall have one (1) 29 |
---|
603 | 602 | | district court with five (5) departments as follows: 30 |
---|
604 | 603 | | (i) One (1) located in Lonoke; 31 |
---|
605 | 604 | | (ii) One (1) located in England; 32 |
---|
606 | 605 | | (iii) One (1) located in Carlisle; 33 |
---|
607 | 606 | | (iv) One (1) located in Allport; and 34 |
---|
608 | 607 | | (v) One (1) located in Humnoke. 35 |
---|
609 | 608 | | (B) All five (5) departments are to be served by one (1) 36 HB1661 |
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610 | 609 | | |
---|
611 | 610 | | 17 03/03/2025 3:06:51 PM CEB067 |
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612 | 611 | | judge. 1 |
---|
613 | 612 | | (b) The district court boundaries in Lonoke County shall be as 2 |
---|
614 | 613 | | follows: 3 |
---|
615 | 614 | | (1) The Northern District of Lonoke County shall consist of the 4 |
---|
616 | 615 | | townships of Butler, Caroline, Cleveland, Eagle, Goodrum, Magness, Oak Grove, 5 |
---|
617 | 616 | | Prairie, Totten, Ward, and York; and 6 |
---|
618 | 617 | | (2) The Southern District of Lonoke County shall consist of the 7 |
---|
619 | 618 | | townships of Carlisle, Crooked Creek, Dortch, Fletcher, Furlow, Gum Woods, 8 |
---|
620 | 619 | | Gray, Hamilton, Indian Bayou, Isbell, Lafayette, Lonoke, Pettus, Richwoods, 9 |
---|
621 | 620 | | Pulaski, Scott, Williams, and Walls. 10 |
---|
622 | 621 | | (c) The judge of any district court in Lonoke County shall be elected 11 |
---|
623 | 622 | | by the qualified electors of the judicial district in which the court is 12 |
---|
624 | 623 | | located. 13 |
---|
625 | 624 | | (d) The jurisdiction of each district court in Lonoke County shall be 14 |
---|
626 | 625 | | limited to the judicial district in which the court is located. 15 |
---|
627 | 626 | | 16 |
---|
628 | 627 | | 16-17-916. Ouachita County District Courts. 17 |
---|
629 | 628 | | (a) Ouachita County shall have the following district courts and 18 |
---|
630 | 629 | | judges: 19 |
---|
631 | 630 | | (1) Camden shall have: 20 |
---|
632 | 631 | | (A) One (1) district court; and 21 |
---|
633 | 632 | | (B) One (1) judge; and 22 |
---|
634 | 633 | | (2)(A) East Camden shall have one (1) district court with four 23 |
---|
635 | 634 | | (4) departments: 24 |
---|
636 | 635 | | (i) One (1) located in Bearden; 25 |
---|
637 | 636 | | (ii) One (1) located in Chidester; 26 |
---|
638 | 637 | | (iii) One (1) located in East Camden; and 27 |
---|
639 | 638 | | (iv) One (1) located in Stephens. 28 |
---|
640 | 639 | | (B) All four (4) departments are to be served by one (1) 29 |
---|
641 | 640 | | judge. 30 |
---|
642 | 641 | | (b)(1) The judge of the Camden District Court shall be elected 31 |
---|
643 | 642 | | countywide. 32 |
---|
644 | 643 | | (2) The Camden District Court shall have countywide 33 |
---|
645 | 644 | | jurisdiction. 34 |
---|
646 | 645 | | (c)(1) The judge of the East Camden District Court shall be elected 35 |
---|
647 | 646 | | countywide. 36 HB1661 |
---|
648 | 647 | | |
---|
649 | 648 | | 18 03/03/2025 3:06:51 PM CEB067 |
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650 | 649 | | (2) The East Camden District Court shall have countywide 1 |
---|
651 | 650 | | jurisdiction. 2 |
---|
652 | 651 | | 3 |
---|
653 | 652 | | 16-17-922. Yell County District Courts. 4 |
---|
654 | 653 | | (a)(1) Yell County, having two (2) judicial districts, shall have two 5 |
---|
655 | 654 | | (2) district courts with one (1) department located in the Northern District. 6 |
---|
656 | 655 | | (2) The two (2) judicial districts shall each have one (1) part -7 |
---|
657 | 656 | | time judge serviced by the one (1) department in the Northern District. 8 |
---|
658 | 657 | | (b) The judge of each district court in Yell County shall have 9 |
---|
659 | 658 | | jurisdiction within each respective Northern and Southern District. 10 |
---|
660 | 659 | | (c) The judge shall be elected within each respective district. 11 |
---|
661 | 660 | | 12 |
---|
662 | 661 | | 16-17-925. Sharp County District Court. 13 |
---|
663 | 662 | | (a)(1) Sharp County shall have one (1) district court with two (2) 14 |
---|
664 | 663 | | departments: 15 |
---|
665 | 664 | | (A) One (1) located in Ash Flat; and 16 |
---|
666 | 665 | | (B) One (1) located in Cherokee Village. 17 |
---|
667 | 666 | | (2) Both departments are to be served by (1) judge. 18 |
---|
668 | 667 | | (b) The Sharp County District Court Judge shall be elected countywide. 19 |
---|
669 | 668 | | (c) The Sharp County District Court shall have countywide 20 |
---|
670 | 669 | | jurisdiction. 21 |
---|
671 | 670 | | 22 |
---|
672 | 671 | | 16-17-926. Woodruff County District Court. 23 |
---|
673 | 672 | | (a)(1) Woodruff County shall have one (1) district court with four (4) 24 |
---|
674 | 673 | | departments: 25 |
---|
675 | 674 | | (A) One (1) located in Augusta; 26 |
---|
676 | 675 | | (B) One (1) located in Cotton Plant; 27 |
---|
677 | 676 | | (C) One (1) located in McCrory; and 28 |
---|
678 | 677 | | (D) One (1) located in Patterson. 29 |
---|
679 | 678 | | (2) All four (4) departments are to be served by one (1) judge. 30 |
---|
680 | 679 | | (b) The Woodruff County District Court Judge shall be elected 31 |
---|
681 | 680 | | countywide. 32 |
---|
682 | 681 | | (c) The Woodruff County District Court shall have countywide 33 |
---|
683 | 682 | | jurisdiction. 34 |
---|
684 | 683 | | 35 |
---|
685 | 684 | | 16-17-928. Lawrence County District Court. 36 HB1661 |
---|
686 | 685 | | |
---|
687 | 686 | | 19 03/03/2025 3:06:51 PM CEB067 |
---|
688 | 687 | | (a)(1) Lawrence County shall have one (1) district court with four (4) 1 |
---|
689 | 688 | | departments: 2 |
---|
690 | 689 | | (A) One (1) located in Walnut Ridge; 3 |
---|
691 | 690 | | (B) One (1) located in Hoxie; 4 |
---|
692 | 691 | | (C) One (1) located in Black Rock; and 5 |
---|
693 | 692 | | (D) One (1) located in Portia. 6 |
---|
694 | 693 | | (2) All four (4) departments are to be served by one (1) judge. 7 |
---|
695 | 694 | | (b) The Lawrence County District Court Judge shall be elected 8 |
---|
696 | 695 | | countywide. 9 |
---|
697 | 696 | | (c) The Lawrence County District Court shall have countywide 10 |
---|
698 | 697 | | jurisdiction. 11 |
---|
699 | 698 | | 12 |
---|
700 | 699 | | 16-17-933. Franklin County District Courts. 13 |
---|
701 | 700 | | (a) Franklin County, having two (2) judicial districts, shall have the 14 |
---|
702 | 701 | | following district courts and judges: 15 |
---|
703 | 702 | | (1) The Charleston District shall have: 16 |
---|
704 | 703 | | (A) One (1) district court located in Charleston; and 17 |
---|
705 | 704 | | (B) One (1) district judge; and 18 |
---|
706 | 705 | | (2)(A) The Ozark District shall have one (1) district court with 19 |
---|
707 | 706 | | two (2) departments: 20 |
---|
708 | 707 | | (i) One (1) located in Ozark; and 21 |
---|
709 | 708 | | (ii) One (1) located in Altus. 22 |
---|
710 | 709 | | (B) Both departments are to be served by one (1) district 23 |
---|
711 | 710 | | judge. 24 |
---|
712 | 711 | | (b) The judge of any district court located in Franklin County shall 25 |
---|
713 | 712 | | be elected by the electors of the judicial district in which the court is 26 |
---|
714 | 713 | | located. 27 |
---|
715 | 714 | | (c) In Franklin County, the jurisdiction of the district court shall 28 |
---|
716 | 715 | | be limited to the judicial district in which the court is located. 29 |
---|
717 | 716 | | 30 |
---|
718 | 717 | | 16-17-935. Logan County District Courts. 31 |
---|
719 | 718 | | (a) Logan County, having two (2) judicial districts, shall have the 32 |
---|
720 | 719 | | following district courts and judges: 33 |
---|
721 | 720 | | (1) The Northern District shall have: 34 |
---|
722 | 721 | | (A) One (1) district court located in Paris; and 35 |
---|
723 | 722 | | (B) One (1) district judge; and 36 HB1661 |
---|
724 | 723 | | |
---|
725 | 724 | | 20 03/03/2025 3:06:51 PM CEB067 |
---|
726 | 725 | | (2)(A) The Southern District shall have one (1) district court 1 |
---|
727 | 726 | | with two (2) departments: 2 |
---|
728 | 727 | | (i) One (1) located in Booneville; and 3 |
---|
729 | 728 | | (ii) One (1) located in Magazine. 4 |
---|
730 | 729 | | (B) Both departments are to be served by one (1) district 5 |
---|
731 | 730 | | judge. 6 |
---|
732 | 731 | | (b) The judge of any district court located in Logan County shall be 7 |
---|
733 | 732 | | elected by the electors of the judicial district in which the court is 8 |
---|
734 | 733 | | located. 9 |
---|
735 | 734 | | (c) In Logan County, the jurisdiction of the district court shall be 10 |
---|
736 | 735 | | limited to the judicial district in which the court is located . 11 |
---|
737 | 736 | | 12 |
---|
738 | 737 | | 16-17-938. Columbia County District Court. 13 |
---|
739 | 738 | | (a)(1) Columbia County shall have one (1) district court with two (2) 14 |
---|
740 | 739 | | departments: 15 |
---|
741 | 740 | | (A) One (1) located in Magnolia; and 16 |
---|
742 | 741 | | (B) One (1) located in Waldo. 17 |
---|
743 | 742 | | (2) Both departments are to be served by one (1) judge. 18 |
---|
744 | 743 | | (b) The Columbia County District Court Judge shall be elected 19 |
---|
745 | 744 | | countywide. 20 |
---|
746 | 745 | | (c) The Columbia County District Court shall have countywide 21 |
---|
747 | 746 | | jurisdiction. 22 |
---|
748 | 747 | | 23 |
---|
749 | 748 | | 16-17-939. Conway County District Court. 24 |
---|
750 | 749 | | (a)(1) Conway County shall have one (1) district court with four (4) 25 |
---|
751 | 750 | | departments: 26 |
---|
752 | 751 | | (A) One (1) located in Morrilton; 27 |
---|
753 | 752 | | (B) One (1) located in Menifee; 28 |
---|
754 | 753 | | (C) One (1) located in Oppelo; and 29 |
---|
755 | 754 | | (D) One (1) located in Plumerville. 30 |
---|
756 | 755 | | (2) All four (4) departments are to be served by one (1) judge. 31 |
---|
757 | 756 | | (b) The Conway County District Court Judge shall be elected 32 |
---|
758 | 757 | | countywide. 33 |
---|
759 | 758 | | (c) The Conway County District Court shall have countywide 34 |
---|
760 | 759 | | jurisdiction. 35 |
---|
761 | 760 | | 36 HB1661 |
---|
762 | 761 | | |
---|
763 | 762 | | 21 03/03/2025 3:06:51 PM CEB067 |
---|
764 | 763 | | 16-17-941. Cross County District Court. 1 |
---|
765 | 764 | | (a)(1) Cross County shall have one (1) district court with three (3) 2 |
---|
766 | 765 | | departments: 3 |
---|
767 | 766 | | (A) One (1) located in Wynne; 4 |
---|
768 | 767 | | (B) One (1) located in Cherry Valley; and 5 |
---|
769 | 768 | | (C) One (1) located in Parkin. 6 |
---|
770 | 769 | | (2) All three (3) departments are to be served by one (1) judge. 7 |
---|
771 | 770 | | (b) The Cross County District Court Judge shall be elected countywide. 8 |
---|
772 | 771 | | (c) The Cross County District Court shall have countywide 9 |
---|
773 | 772 | | jurisdiction. 10 |
---|
774 | 773 | | 11 |
---|
775 | 774 | | 16-17-944. Fulton County District Court. 12 |
---|
776 | 775 | | (a)(1) Fulton County shall have one (1) district court with two (2) 13 |
---|
777 | 776 | | departments: 14 |
---|
778 | 777 | | (A) One (1) located in Salem; and 15 |
---|
779 | 778 | | (B) One (1) located in Mammoth Spring. 16 |
---|
780 | 779 | | (2) Both departments are to be served by one (1) judge. 17 |
---|
781 | 780 | | (b) The Fulton County District Court Judge shall be elected 18 |
---|
782 | 781 | | countywide. 19 |
---|
783 | 782 | | (c) The Fulton County District Court shall have countywide 20 |
---|
784 | 783 | | jurisdiction. 21 |
---|
785 | 784 | | 22 |
---|
786 | 785 | | 16-17-946. Izard County District Court. 23 |
---|
787 | 786 | | (a)(1) Izard County shall have one (1) district court with two (2) 24 |
---|
788 | 787 | | departments: 25 |
---|
789 | 788 | | (A) One (1) located in Melbourne; and 26 |
---|
790 | 789 | | (B) One (1) located in Horseshoe Bend. 27 |
---|
791 | 790 | | (2) Both departments are to be served by one (1) judge. 28 |
---|
792 | 791 | | (b) The Izard County District Court Judge shall be elected countywide. 29 |
---|
793 | 792 | | (c) The Izard County District Court shall have countywide 30 |
---|
794 | 793 | | jurisdiction. 31 |
---|
795 | 794 | | 32 |
---|
796 | 795 | | 16-17-947. Jackson County District Court. 33 |
---|
797 | 796 | | (a)(1) Jackson County shall have one (1) district court with four (4) 34 |
---|
798 | 797 | | departments: 35 |
---|
799 | 798 | | (A) One (1) located in Newport; 36 HB1661 |
---|
800 | 799 | | |
---|
801 | 800 | | 22 03/03/2025 3:06:51 PM CEB067 |
---|
802 | 801 | | (B) One (1) located in Diaz; 1 |
---|
803 | 802 | | (C) One (1) located in Swifton; and 2 |
---|
804 | 803 | | (D) One (1) located in Tuckerman. 3 |
---|
805 | 804 | | (2) All four (4) departments are to be served by one (1) judge. 4 |
---|
806 | 805 | | (b) The Jackson County District Court Judge shall be elected 5 |
---|
807 | 806 | | countywide. 6 |
---|
808 | 807 | | (c) The Jackson County District Court shall have countywide 7 |
---|
809 | 808 | | jurisdiction. 8 |
---|
810 | 809 | | 9 |
---|
811 | 810 | | 16-17-948. Johnson County District Court. 10 |
---|
812 | 811 | | (a)(1) Johnson County shall have one (1) district court with three (3) 11 |
---|
813 | 812 | | departments: 12 |
---|
814 | 813 | | (A) One (1) located in Clarksville; 13 |
---|
815 | 814 | | (B) One (1) located in Lamar; and 14 |
---|
816 | 815 | | (C) One (1) located in Coal Hill. 15 |
---|
817 | 816 | | (2) All three (3) departments are to be served by one (1) judge. 16 |
---|
818 | 817 | | (b) The Johnson County District Court Judge shall be elected 17 |
---|
819 | 818 | | countywide. 18 |
---|
820 | 819 | | (c) The Johnson County District Court shall have countywide 19 |
---|
821 | 820 | | jurisdiction. 20 |
---|
822 | 821 | | 21 |
---|
823 | 822 | | 16-17-951. Little River County District Court. 22 |
---|
824 | 823 | | (a)(1) Little River County shall have one (1) district court with 23 |
---|
825 | 824 | | three (3) departments: 24 |
---|
826 | 825 | | (A) One (1) located in Ashdown; 25 |
---|
827 | 826 | | (B) One (1) located in Foreman; and 26 |
---|
828 | 827 | | (C) One (1) located in Winthrop. 27 |
---|
829 | 828 | | (2) All departments are to be served by one (1) judge. 28 |
---|
830 | 829 | | (b) The Little River County District Court Judge shall be elected 29 |
---|
831 | 830 | | countywide. 30 |
---|
832 | 831 | | (c) The Little River County District Court shall have countywide 31 |
---|
833 | 832 | | jurisdiction. 32 |
---|
834 | 833 | | 33 |
---|
835 | 834 | | 16-17-953. Pike County District Court. 34 |
---|
836 | 835 | | (a)(1) Pike County shall have one (1) district court with two (2) 35 |
---|
837 | 836 | | departments: 36 HB1661 |
---|
838 | 837 | | |
---|
839 | 838 | | 23 03/03/2025 3:06:51 PM CEB067 |
---|
840 | 839 | | (A) One (1) located in Murfreesboro; and 1 |
---|
841 | 840 | | (B) One (1) located in Glenwood. 2 |
---|
842 | 841 | | (2) Both departments are to be served by one (1) judge. 3 |
---|
843 | 842 | | (b) The Pike County District Court Judge shall be elected countywide. 4 |
---|
844 | 843 | | (c) The Pike County District Court shall have countywide jurisdiction. 5 |
---|
845 | 844 | | 6 |
---|
846 | 845 | | SECTION 11. Arkansas Code § 16 -17-1104 is amended to read as follows: 7 |
---|
847 | 846 | | 16-17-1104. State district court judges — Salaries. 8 |
---|
848 | 847 | | (a) The judges who are appointed or elected to serve the courts 9 |
---|
849 | 848 | | created under this subchapter are state district court judges. 10 |
---|
850 | 849 | | (b) The state shall pay the salary and benefits of a state district 11 |
---|
851 | 850 | | court judge. 12 |
---|
852 | 851 | | (c) The salaries of the state district court judges are uniform and 13 |
---|
853 | 852 | | shall be paid with moneys appropriated from the Constitutional Officers Fund, 14 |
---|
854 | 853 | | § 19-5-205, by the General Assembly. 15 |
---|
855 | 854 | | 16 |
---|
856 | 855 | | SECTION 12. Arkansas Code §§ 16 -17-1106 and 16-17-1107 are repealed. 17 |
---|
857 | 856 | | 16-17-1106. Salary of state district court judges — Cost-sharing. 18 |
---|
858 | 857 | | (a) The state shall pay the salary and benefits of state district 19 |
---|
859 | 858 | | court judges created under this subchapter. 20 |
---|
860 | 859 | | (b)(1)(A) Each county and town or city in a district in which a state 21 |
---|
861 | 860 | | district court judgeship is created under this subchapter shall pay to the 22 |
---|
862 | 861 | | state an amount equal to its proportionate share of one -half (½) of the base 23 |
---|
863 | 862 | | salary established by law for state fiscal year 2009 for that district's 24 |
---|
864 | 863 | | state district court judge. 25 |
---|
865 | 864 | | (B)(i) The proportionate share is calculated as follows: 26 |
---|
866 | 865 | | (a) Determine the sum total of the base salary 27 |
---|
867 | 866 | | paid by each county and town or city in a district to that county and town or 28 |
---|
868 | 867 | | city's district court judge or city court judge for the calendar year 29 |
---|
869 | 868 | | immediately preceding the creation of the state district court judgeship; and 30 |
---|
870 | 869 | | (b) Determine the proportion of the base 31 |
---|
871 | 870 | | salary of each county and town or city to the sum total base salary of the 32 |
---|
872 | 871 | | district. 33 |
---|
873 | 872 | | (ii) Each county and town or city shall pay to the 34 |
---|
874 | 873 | | state its proportionate share as determined in subdivision (b)(1)(B)(i)(a) of 35 |
---|
875 | 874 | | this section of one-half (½) of the base salary established by law for state 36 HB1661 |
---|
876 | 875 | | |
---|
877 | 876 | | 24 03/03/2025 3:06:51 PM CEB067 |
---|
878 | 877 | | fiscal year 2009 for each state district court judge in the district at the 1 |
---|
879 | 878 | | time the county and town or city had a state district court judgeship 2 |
---|
880 | 879 | | created. 3 |
---|
881 | 880 | | (C) On a form provided by the Administration of Justice 4 |
---|
882 | 881 | | Funds Section, each county and town or city in a district shall certify 5 |
---|
883 | 882 | | annually on or before October 31 the amount to be paid to the state for its 6 |
---|
884 | 883 | | share of one-half (½) of the salary as determined in this section for that 7 |
---|
885 | 884 | | district's state district court judge. 8 |
---|
886 | 885 | | (2)(A) This section does not prohibit a county and town or city 9 |
---|
887 | 886 | | in a district in which a state district court judgeship is created under this 10 |
---|
888 | 887 | | subchapter from agreeing in writing on the amount to be paid to the state by 11 |
---|
889 | 888 | | the county and the town or city for its proportionate share of one -half (½) 12 |
---|
890 | 889 | | of the salary as determined in this section for that district's state 13 |
---|
891 | 890 | | district court judge. 14 |
---|
892 | 891 | | (B) If a written agreement is reached under subdivision 15 |
---|
893 | 892 | | (b)(2)(A) of this section, the county and town or city shall submit on or 16 |
---|
894 | 893 | | before October 31 a copy of that written agreement to the Administration of 17 |
---|
895 | 894 | | Justice Funds Section. 18 |
---|
896 | 895 | | (c) The amount of the state district court judge's salary initially 19 |
---|
897 | 896 | | paid by the county and the town or city in a district and annually afterwards 20 |
---|
898 | 897 | | shall be the amount determined under subsection (b) of this section. 21 |
---|
899 | 898 | | (d)(1) Beginning with its annual meeting of 2011, the quorum court in 22 |
---|
900 | 899 | | each county in a district in which a state district court judgeship is 23 |
---|
901 | 900 | | created under this subchapter and the council in each town or city in a 24 |
---|
902 | 901 | | district in which a state district court judgeship is created under this 25 |
---|
903 | 902 | | subchapter shall appropriate annually from its general revenues an amount 26 |
---|
904 | 903 | | sufficient to pay its share of the state district court judgeship salary 27 |
---|
905 | 904 | | allocated to it under subsection (b) of this section. 28 |
---|
906 | 905 | | (2) The duty under subdivision (d)(1) of this section may be 29 |
---|
907 | 906 | | enforced in a court of competent jurisdiction. 30 |
---|
908 | 907 | | (e) On or before December 15, 2011, and annually afterwards, the 31 |
---|
909 | 908 | | Administration of Justice Funds Section shall certify to the county and the 32 |
---|
910 | 909 | | town or city in each district the amount of its share of one -half (½) of the 33 |
---|
911 | 910 | | base salary established under subsection (b) of this section. 34 |
---|
912 | 911 | | (f) On or before January 15, 2012, and annually afterwards, the county 35 |
---|
913 | 912 | | and the town or city shall remit to the Administration of Justice Funds 36 HB1661 |
---|
914 | 913 | | |
---|
915 | 914 | | 25 03/03/2025 3:06:51 PM CEB067 |
---|
916 | 915 | | Section for deposit into the Constitutional Officers Fund the sum necessary 1 |
---|
917 | 916 | | to fund its share of the base salary allocated to it under subsection (e) of 2 |
---|
918 | 917 | | this section. 3 |
---|
919 | 918 | | 4 |
---|
920 | 919 | | 16-17-1107. Salary of judges serving city or county. 5 |
---|
921 | 920 | | This subchapter shall not in any way limit the power and authority of 6 |
---|
922 | 921 | | local district courts currently existing. Except for the state district court 7 |
---|
923 | 922 | | judgeships created under this subchapter, a judge serving in another full -8 |
---|
924 | 923 | | time or part-time local district court position shall continue to be an 9 |
---|
925 | 924 | | employee of the cities or counties, or both, that he or she serves and shall 10 |
---|
926 | 925 | | be paid according to state law. 11 |
---|
927 | 926 | | 12 |
---|
928 | 927 | | SECTION 13. Arkansas Code § 21 -6-416(b) and (c), concerning the court 13 |
---|
929 | 928 | | technology fee, are amended to read as follows: 14 |
---|
930 | 929 | | (b) The court technology fee is as follows: 15 |
---|
931 | 930 | | (1) For all civil actions and misdemeanors filed in either the 16 |
---|
932 | 931 | | Supreme Court or the Court of Appeals............. $15.00 17 |
---|
933 | 932 | | (2) For initiating a cause of action in the civil, domestic 18 |
---|
934 | 933 | | relations, or probate division of circuit court, including 19 |
---|
935 | 934 | | appeals............. 15.00 20 |
---|
936 | 935 | | (3) For initiating a cause of action in the civil or small 21 |
---|
937 | 936 | | claims division of district court............. 15.00 22 |
---|
938 | 937 | | (4) For all criminal and traffic cases, from each defendant upon 23 |
---|
939 | 938 | | each conviction, each plea of guilty or nolo contendere, or each bond 24 |
---|
940 | 939 | | forfeiture............. 15.00 . 25 |
---|
941 | 940 | | (c)(1) The fee provided under subdivision (b)(1) of this section 26 |
---|
942 | 941 | | collected in the Supreme Court or the Court of Appeals shall be remitted by 27 |
---|
943 | 942 | | the Clerk of the Supreme Court on or before the fifteenth day of each month 28 |
---|
944 | 943 | | to the Administration of Justice Funds Section on a form provided by the 29 |
---|
945 | 944 | | Office of Administrative Services for deposit into the Judicial Fine 30 |
---|
946 | 945 | | Collection Enhancement Fund established by § 16 -13-712. 31 |
---|
947 | 946 | | (2) The fee provided under subdivisions (b)(2) and (3) (b)(2)—32 |
---|
948 | 947 | | (4) of this section collected in circuit court or district court shall be 33 |
---|
949 | 948 | | remitted by the county or city official, agency, or department designated 34 |
---|
950 | 949 | | under § 16-13-709 as primarily responsible for the collection of fines 35 |
---|
951 | 950 | | assessed in circuit court or district court on or before the fifteenth day of 36 HB1661 |
---|
952 | 951 | | |
---|
953 | 952 | | 26 03/03/2025 3:06:51 PM CEB067 |
---|
954 | 953 | | each month to the section, on a form provided by the office, for deposit into 1 |
---|
955 | 954 | | the Judicial Fine Collection Enhancement Fund established by § 16 -13-712. 2 |
---|
956 | 955 | | 3 |
---|
957 | 956 | | 4 |
---|