SENATE BILL NO. 66
INTRODUCED BY J. BOHLINGER
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING PHASING IN A REQUIREMENT THAT SALARIES OF
COUNTY ATTORNEYS MUST BE PAID BY THE STATE; PROVIDING THAT COUNTY ATTORNEYS' SALARIES
MUST BE 95 PERCENT A PERCENTAGE OF DISTRICT COURT JUDGES' SALARIES; ELIMINATING
LONGEVITY INCREASES FOR COUNTY ATTORNEYS; REVISING THE METHOD FOR CHANGING FROM A
PART-TIME TO A FULL-TIME COUNTY ATTORNEY; AMENDING SECTIONS 7-4-2502, 7-4-2503, 7-4-2504,
7-4-2505, 7-4-2706, AND 7-6-2426, AND 46-18-236, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-4-2502, MCA, is amended to read:
"7-4-2502. Payment of salaries of county officials and assistants. (1) The Except as provided in subsection (2), the
salaries of the county officers and their assistants may be paid monthly, twice monthly, or every 2 weeks out of the general
fund of the county and upon the order of the board of county commissioners.
(2) (a) The salary of the county attorney is payable one-half from the general fund of the county and, if the county has
supplied the information to the department of justice for inclusion in its budget, the other one-half every 2 weeks from the
state treasury upon the warrant of the state treasurer AS PROVIDED IN 7-4-2503. If the county has not supplied
information concerning any scheduled or proposed increase in salary for the county attorney to the department of justice for
inclusion in material submitted to the budget director under Title 17, chapter 7, part 1, the county is responsible for any
increased salary. The state's share of the county attorney's salary is payable every 2 weeks.
(b) The county commissioners of each county shall, within 30 days after the election or appointment to fill a vacancy for any cause in the office of county attorney, certify the election or appointment to the department of justice. The department shall notify the state treasurer of the salary of the county attorney. The state treasurer shall draw warrants for the county attorney salaries in the same manner as for state officers. In case of a vacancy, the county commissioners shall immediately notify the department of justice, and the department shall compute the salary due on the basis of the notification.
(3) The board may, under limitations and restrictions prescribed by law, fix the compensation of all county officers not otherwise fixed by law and provide for the payment of the compensation and may, for all or the remainder of each fiscal year, in conjunction with setting salaries for other officers as provided in 7-4-2504(1), set their salaries at the prior fiscal year level."
Section 2. Section 7-4-2503, MCA, is amended to read:
"7-4-2503. (Temporary) Salary schedule for certain county officers. (1) (a) The salary paid to the county treasurer, county clerk and recorder, clerk of the district court, county assessor, county superintendent of schools, county sheriff, county surveyor in counties where county surveyors receive salaries as provided in 7-4-2812, and county auditor in all counties where the office is authorized must be established by the county governing body at no less than 80% of the annual base salary of:
(i) $25,000 for counties of the first through fifth class added to the population increment of $10 for each 100 persons or major fraction of 100 persons included in the county's population as determined by the 1990 federal decennial census; or
(ii) $18,000 for counties of the sixth and seventh class added to the population increment of $10 for each 100 persons or major fraction of 100 persons in the county's population as determined by the 1990 federal decennial census.
(b) The annual base established by the county governing body in subsection (1) must be uniform for all county officers referred to in subsection (1).
(2) (a) An elected county superintendent of schools must receive, in addition to the salary based upon subsection (1), the sum of $400 a year, except that an elected county superintendent of schools who holds a master of arts degree or a master's degree in education, with an endorsement in school administration, from a unit of the Montana university system or an equivalent institution may, at the discretion of the county commissioners, receive, in addition to the salary based upon subsection (1), up to $2,000 a year.
(b) The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of $2,000 a year.
(c) The county sheriff must receive a longevity payment amounting to 1% of the base salary set forth in subsection (1) for each year of service with the sheriff's department, but years of service during any year in which the salary was set at the level of the salary of the prior fiscal year may not be included in any calculation of longevity increases. The additional salary amount provided for in this subsection may not be included in the base salary for purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508.
(3) (a) (I) In each county with a population in excess of 30,000, the county attorney must be a full-time official under
7-4-2704, and the base salary is $50,000 a year 95% THE APPLICABLE PERCENTAGE of the salary established for
district court judges by the department of administration as provided in 3-5-211. THE COUNTY ATTORNEY'S SALARY
IS A PERCENTAGE OF THE DISTRICT COURT JUDGE'S SALARY AS FOLLOWS: (A) 80% BEGINNING
JULY 1, 2002, WITH 50% OF THAT AMOUNT PAID BY THE STATE;
(B) 85% BEGINNING JULY 1, 2003, WITH 60% OF THAT AMOUNT PAID BY THE STATE;
(C) 95% BEGINNING JULY 1, 2004, WITH 95% OF THAT AMOUNT PAID BY THE STATE.
(II) In counties with a population of less than 30,000, the county attorney who is a part-time official for a county of the first, second, or third class is entitled to receive an annual base salary equal to 60% of the annual salary of a full-time county attorney. A county attorney who is a part-time official for a county of the fourth, fifth, sixth, or seventh class is entitled to receive an annual base salary equal to 50% of the annual base salary of a full-time county attorney.
(B) THE SALARY OF A COUNTY ATTORNEY HOLDING OFFICE ON JUNE 30, 2002, MAY NOT BE REDUCED UNDER SUBSECTION (3)(A), BUT FUTURE LONGEVITY INCREMENTS MAY NOT BE ADDED TO THE SALARY. IF A COUNTY ATTORNEY'S SALARY IS IN EXCESS OF THE AMOUNT PROVIDED FOR IN SUBSECTION (3)(A), THE COUNTY ATTORNEY MUST CONTINUE TO RECEIVE THAT SALARY AND THE STATE SHALL PAY THE STATE'S PERCENTAGE OF THAT SALARY FOR THE APPLICABLE FISCAL YEAR. THE COUNTY IS RESPONSIBLE FOR THE PAYMENT OF HEALTH INSURANCE BENEFITS FOR COUNTY ATTORNEYS.
(b)(C) In those counties where the office of the county attorney has been established as a full-time position pursuant to
7-4-2706, the base salary of the county attorney is the same as the base salary established for full-time county attorneys in
subsection (3)(a).
(c) On August 1 of each year, each county attorney is entitled to an increase in salary calculated by adding to the annual
salary a percentage of up to 100% of the previous calendar year's consumer price index for all urban consumers, U.S.
department of labor, bureau of labor statistics, or other index that the bureau of business and economic research of the
university of Montana-Missoula may in the future recognize as the successor to that index. However, the county
commissioners may, for all or the remainder of each fiscal year, in conjunction with setting salaries for other officers as
provided in 7-4-2504(1), set the salary at the prior fiscal year level if that level is lower than the level required by this
subsection (3)(c). The cost-of-living increment for each fiscal year must be added to all cost-of-living increments granted
for previous years unless salaries were set for the fiscal year at the level of salaries received in the prior fiscal year. Unless
restored pursuant to 7-4-2504(2), a cost-of-living increment that would have been received for the fiscal year, computed on
the prior fiscal year, may not be added to previous increments.
(d)(c)(D) (i) After completing 4 years of service as deputy county attorney, each deputy county attorney is entitled to an
increase in salary of $1,000 on the anniversary date of employment as a deputy county attorney. After completing 5 years of
service as deputy county attorney, each deputy county attorney is entitled to an additional increase in salary of $1,500 on the
anniversary date of employment. After completing 6 years of service as deputy county attorney and for each year of service
thereafter up to completion of the 11th year of service, each deputy county attorney is entitled to an additional annual
increase in salary of $500.
(ii) A county with a full-time county attorney may pay its full-time county attorney the same longevity increase that is
provided for under subsection (3)(d)(i) for deputy county attorneys.
(iii)(ii) Unless longevity increases are restored pursuant to 7-4-2504(2), the years of service during a year in which the
salary was set at the level of the salary of the prior fiscal year may not be included in a calculation of longevity increases.
(4) The latest federal decennial census statistics are the basis for computation of population increments under this section. During the intervening 9 years, the computation of population increments applicable on July 1 of each year is based on the most current calendar year's estimates of counties' populations compiled by the federal-state cooperative program for estimates of the university of Montana-Missoula bureau of business and economic research and the U.S. bureau of the census or other estimate that the bureau of business and economic research may certify. (Terminates July 1, 2001--sec. 4, Ch. 411, L. 1999.)
7-4-2503. (Effective July 1, 2001) Salary schedule for certain county officers. (1) (a) The salary paid to the county treasurer, county clerk and recorder, clerk of the district court, county assessor, county superintendent of schools, county sheriff, county surveyor in counties where county surveyors receive salaries as provided in 7-4-2812, and county auditor in all counties where the office is authorized must be established by the county governing body at no less than 80% of the annual base salary of:
(i) $25,000 for counties of the first through fifth class added to the population increment of $10 for each 100 persons or major fraction of 100 persons included in the county's population as determined by the 1990 federal decennial census; or
(ii) $18,000 for counties of the sixth and seventh class added to the population increment of $10 per 100 persons or major fraction of 100 persons in the county's population as determined by the 1990 federal decennial census.
(b) The annual base established by the county governing body in subsection (1) must be uniform for all county officers referred to in subsection (1).
(2) (a) An elected county superintendent of schools must receive, in addition to the salary based upon subsection (1), the sum of $400 per year, except that an elected county superintendent of schools who holds a master of arts degree or a master's degree in education, with an endorsement in school administration, from a unit of the Montana university system or an equivalent institution may, at the discretion of the county commissioners, receive, in addition to the salary based upon subsection (1), up to $2,000 per year.
(b) The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of $2,000 per year.
(c) The county sheriff must receive a longevity payment amounting to 1% of the base salary set forth in subsection (1) for each year of service with the sheriff's department, but years of service during any year in which the salary was set at the level of the salary of the prior fiscal year may not be included in any calculation of longevity increases. The additional salary amount provided for in this subsection may not be included in the base salary for purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508.
(3) (a) (I) In each county with a population in excess of 30,000, the county attorney must be a full-time official under
7-4-2704, and the salary is $50,000 per year 95% THE APPLICABLE PERCENTAGE of the salary established for district
court judges by the department of administration as provided in 3-5-211. THE COUNTY ATTORNEY'S SALARY IS A
PERCENTAGE OF THE DISTRICT COURT JUDGE'S SALARY AS FOLLOWS:
(A) 80% BEGINNING JULY 1, 2002, WITH 50% OF THAT AMOUNT PAID BY THE STATE;
(B) 85% BEGINNING JULY 1, 2003, WITH 60% OF THAT AMOUNT PAID BY THE STATE;
(C) 95% BEGINNING JULY 1, 2004, WITH 95% OF THAT AMOUNT PAID BY THE STATE.
(II) In counties with a population of less than 30,000, the county attorney who is a part-time official for a county of the first, second, or third class is entitled to receive an annual salary equal to 60% of the annual salary of a full-time county attorney. A county attorney who is a part-time official for a county of the fourth, fifth, sixth, or seventh class is entitled to receive an annual salary equal to 50% of the annual salary of a full-time county attorney.
(B) THE SALARY OF A COUNTY ATTORNEY HOLDING OFFICE ON JUNE 30, 2002, MAY NOT BE REDUCED UNDER SUBSECTION (3)(A), BUT FUTURE LONGEVITY INCREMENTS MAY NOT BE ADDED TO THE SALARY. IF A COUNTY ATTORNEY'S SALARY IS IN EXCESS OF THE AMOUNT PROVIDED FOR IN SUBSECTION (3)(A), THE COUNTY ATTORNEY MUST CONTINUE TO RECEIVE THAT SALARY AND THE STATE SHALL PAY THE STATE'S PERCENTAGE OF THAT SALARY FOR THE APPLICABLE FISCAL YEAR. THE COUNTY IS RESPONSIBLE FOR THE PAYMENT OF HEALTH INSURANCE BENEFITS FOR COUNTY ATTORNEYS.
(b)(C) In those counties where the office of the county attorney has been established as a full-time position pursuant to
7-4-2706, the salary of the county attorney is the same as that established for full-time county attorneys in subsection (3)(a).
(c) On August 1 of each year, each county attorney is entitled to an increase in salary calculated by adding to the annual
salary a percentage of up to 100% of the previous calendar year's consumer price index for all urban consumers, U.S.
department of labor, bureau of labor statistics, or other index that the bureau of business and economic research of the
university of Montana-Missoula may in the future recognize as the successor to that index. However, the county
commissioners may, for all or the remainder of each fiscal year, in conjunction with setting salaries for other officers as
provided in 7-4-2504(1), set the salary at the prior fiscal year level if that level is lower than the level required by this
subsection (3)(c). The cost-of-living increment for each fiscal year must be added to all cost-of-living increments granted
for previous years unless salaries were set for the fiscal year at the level of salaries received in the prior fiscal year. Unless
restored pursuant to 7-4-2504(2), a cost-of-living increment that would have been received for the fiscal year, computed on
the prior fiscal year, may not be added to previous increments.
(d)(c)(D) (i) After completing 4 years of service as deputy county attorney, each deputy county attorney is entitled to an
increase in salary of $1,000 on the anniversary date of employment as deputy county attorney. After completing 5 years of
service as deputy county attorney, each deputy county attorney is entitled to an additional increase in salary of $1,500 on the
anniversary date of employment. After completing 6 years of service as deputy county attorney and for each year of service
thereafter up to completion of the 11th year of service, each deputy county attorney is entitled to an additional annual
increase in salary of $500.
(ii) The years of service as a deputy county attorney accumulated prior to July 1, 1985, must be included in the calculation of the longevity increase, but, unless longevity increases are restored pursuant to 7-4-2504(2), the years of service during a year in which the salary was set at the level of the salary of the prior fiscal year may not be included in a calculation of longevity increases.
(4) The latest federal decennial census statistics are the basis for computation of population increments under this section. During the intervening 9 years, the computation of population increments applicable on July 1 of each year is based on the most current calendar year's estimates of counties' populations compiled by the federal-state cooperative program for estimates of the university of Montana-Missoula bureau of business and economic research and the U.S. bureau of the census or other estimate that the bureau of business and economic research may certify."
Section 3. Section 7-4-2504, MCA, is amended to read:
"7-4-2504. Salaries to be fixed by resolution -- cost-of-living increments. (1) The county governing body shall by
resolution on or before August 1 of each year adjust and uniformly fix the salaries of the county treasurer, county clerk,
county assessor, county school superintendent, county sheriff, clerk of district court, county auditor (if there is one), and
county surveyor (if the surveyor receives a salary). The salaries fixed may be no less than 80% of the annual base salary
provided for in 7-4-2503(1) plus a cost-of-living increment based on a percentage of up to 100% of the previous calendar
year's consumer price index for all urban consumers, U.S. department of labor, bureau of labor statistics, or other index that
the bureau of business and economic research of the university of Montana-Missoula may in the future recognize as the
successor to that index. The county governing body may, however, for all or the remainder of each fiscal year, in
conjunction with setting salaries for the same action on the salaries of justices of the peace (if applicable), the county
governing body, the county attorney, and the coroner, set the salary at the prior fiscal year level if that level is lower than
the level required by this subsection. The cost-of-living increment for each fiscal year must be added to all cost-of-living
increments granted for previous years unless salaries were set for the fiscal year at the level of salaries received in the prior
fiscal year. In such a case, the cost-of-living increment that would have been received for the fiscal year, computed on the
prior fiscal year, may not be added to previous increments.
(2) The county governing body may, in any subsequent fiscal year, restore for 1 or more years the annual cost-of-living
increments withheld pursuant to subsection (1). If cost-of-living increments are restored, the longevity increases provided
for sheriffs in 7-4-2503, for deputy county attorneys in 7-4-2503(3)(d)(i)(c)(i)(D)(I), and for undersheriffs and deputy
sheriffs in 7-4-2510 must also be restored for the years for which the cost-of-living increment was restored.
(3) The county governing body shall by resolution, prior to August 1 of each year, establish the salary of the coroner and may, for all or the remainder of each fiscal year, in conjunction with setting salaries for other officers as provided in subsection (1), set the salary at the prior fiscal year level. The salary must be in effect on the first day of each ensuing fiscal year."
Section 4. Section 7-4-2505, MCA, is amended to read:
"7-4-2505. Amount of compensation for deputies and assistants. (1) Subject to subsection (2), the boards of county
commissioners in the several counties in the state shall fix the compensation allowed any deputy or assistant of the
following officers:
(a) clerk and recorder;
(b) clerk of the district court;
(c) treasurer;
(d) county attorney;
(e) auditor.
(2) (a) The salary of a deputy or an assistant listed in subsection (1), other than a deputy county attorney, may not be
more than 90% of the salary of the officer under whom the deputy or assistant is serving. The salary of a deputy county
attorney, including longevity payments provided in 7-4-2503(3)(d)(3)(c), may not exceed the salary of the county attorney
under whom the deputy is serving.
(b) If a deputy or assistant is employed for a period of less than 1 year, the compensation of the deputy or assistant must
be for the time employed, provided the rate of compensation may not be in excess of the rates provided by law for similar
deputies and assistants."
SECTION 4. SECTION 7-4-2706, MCA, IS AMENDED TO READ:
"7-4-2706. County attorney to be full or part time -- resolution -- salary. (1) In any county with a population of less than 30,000, the county commissioners may, upon the consent of the county attorney and the approval of the attorney general, on July 1 of any year by resolution establish the office of county attorney as a full-time position subject to the provisions of 7-4-2701 and 7-4-2704. The salary for this position is the salary provided by 7-4-2503 for the office of county attorney in a county with a population in excess of 30,000.
(2) In any county in which the office of county attorney has been established as a full-time position under subsection (1), the county commissioners may, by resolution and upon the consent of the county attorney, establish the office as a part-time position on July 1 of any year."
Section 5. Section 7-6-2426, MCA, is amended to read:
"7-6-2426. Enumeration of county charges. The following are county charges:
(1) charges incurred against the county by virtue of any provision of this title;
(2) one-half of the salary of the county attorney and THE APPROPRIATE PERCENTAGE OF THE SALARY OF
THE COUNTY ATTORNEY AND all expenses necessarily incurred by him the county attorney in criminal cases arising
within the county;
(3) the salary and actual expenses for traveling, when on official duty, allowed by law to sheriffs and the compensation allowed by law to constables for executing process on persons charged with criminal offenses;
(4) the board feeding of prisoners confined in jail;
(5) the accounts of the coroner of the county for such services as that are provided by law;
(6) all charges and accounts for services rendered by any justice of the peace for services in the examination or trial of
persons a person charged with a crime as provided for by law;
(7) the necessary expenses incurred in the support of county hospitals and poorfarms and in the support of the indigent sick and the otherwise dependent poor whose support is chargeable to the county;
(8) the contingent expenses necessarily incurred for the use and benefit of the county;
(9) every other sum amount directed by law to be raised for any county purpose under the direction of the board of
county commissioners or declared to be a county charge."
Section 6. Section 46-18-236, MCA, is amended to read:
"46-18-236. (Temporary) Imposition of charge upon conviction or forfeiture -- administration. (1) Except as
provided in subsection (2), there must be imposed by all courts of original jurisdiction on a person upon conviction for any
conduct made criminal by state statute or upon forfeiture of bond or bail a charge that is in addition to other taxable court
costs, fees, or fines, as follows:
(a) $15 for each misdemeanor charge;
(b) the greater of $20 or 10% of the fine levied for each felony charge; and
(c) an additional $10 for each misdemeanor and felony charge under Title 45, 61-8-401, or 61-8-406.
(2) If a convicting court determines under 46-18-231 and 46-18-232 that the person is not able to pay the fine and costs
or that the person is unable to pay within a reasonable time, the court shall waive payment of the charge imposed by this
section.
(3) The charges imposed by this section are not fines and must be imposed in addition to any fine and may not be used
in determining the jurisdiction of any court.
(4) When the payment of a fine is to be made in installments over a period of time, the charges imposed by this section
must be collected from the first payment made and each subsequent payment as necessary if the first payment is not
sufficient to cover the charges.
(5) The charges collected under subsection (1), except those collected by a justice's court, must be deposited with the
appropriate local government finance officer or treasurer. If a city municipal court or city or town court is the court of
original jurisdiction, the charges collected under subsection (1) must be deposited with the city or town finance officer or
treasurer. If a district court is the court of original jurisdiction, the charges collected under subsection (1) must be deposited
with the county finance officer or treasurer. If the court of original jurisdiction is a court within a consolidated city-county
government within the meaning of Title 7, chapter 3, the charges collected under subsection (1) must be deposited with the
finance officer or treasurer of the consolidated government.
(6) (a) A city or town finance officer or treasurer may retain the charges collected under subsections (1)(a) and (1)(b) by
a city municipal court or a city or town court and may use that money for the payment of salaries of the city or town
attorney and deputies.
(b) Each county finance officer or treasurer may retain the charges collected under subsections (1)(a) and (1)(b) by
district courts for crimes committed or alleged to have been committed within that county. The county finance officer or
treasurer shall use the money for the payment of salaries of its county attorney and deputy county attorneys and for the
payment of other salaries in the office of the county attorney, and any funds not needed for those salaries may be used for
the payment of any other county salaries.
(7) (a) Except as provided in subsection (7)(b), each county, city, or town finance officer or treasurer may retain the
charges collected under subsection (1)(c) for payment of the expenses of a victim and witness advocate program that
provides the services specified in Title 40, chapter 15, and Title 46, chapter 24, and that is operated or used by the county,
city, or town.
(b) The appropriate county, city, or town finance officer or treasurer shall deposit $1 of each $10 charge collected under
subsection (1)(c) in the collecting court's fund for mitigation of administrative costs incurred by the court in the collection
of the charge. The funds deposited under this subsection (7)(b) are not subject to allocation under 46-18-251.
(c) If the county, city, or town does not operate or use a victim and witness advocate program, all charges collected
under subsection (1)(c) must be paid to the crime victims compensation and assistance account established in 53-9-109,
except as provided in subsection (7)(b). (Terminates July 1, 2001--sec. 4, Ch. 411, L. 1999.)
46-18-236. (Effective July 1, 2001) Imposition of charge upon conviction or forfeiture -- administration. (1)
Except as provided in subsection (2), there must be imposed by all courts of original jurisdiction on a defendant upon
conviction for any conduct made criminal by state statute or upon forfeiture of bond or bail a charge that is in addition to
other taxable court costs, fees, or fines, as follows:
(a) $15 for each misdemeanor charge;
(b) the greater of $20 or 10% of the fine levied for each felony charge; and
(c) an additional $10 for each misdemeanor and felony charge under Title 45, 61-8-401, or 61-8-406.
(2) If a convicting court determines under 46-18-231 and 46-18-232 that the defendant is not able to pay the fine and
costs or that the defendant is unable to pay within a reasonable time, the court shall waive payment of the charge imposed
by this section.
(3) The charges imposed by this section are not fines and must be imposed in addition to any fine and may not be used
in determining the jurisdiction of any court.
(4) When the payment of a fine is to be made in installments over a period of time, the charges imposed by this section
must be collected from the first payment made and each subsequent payment as necessary if the first payment is not
sufficient to cover the charges.
(5) The charges collected under subsection (1), except those collected by a justice's court, must be deposited with the
appropriate local government finance officer or treasurer. If a city municipal court or city or town court is the court of
original jurisdiction, the charges collected under subsection (1) must be deposited with the city or town finance officer or
treasurer. If a district court is the court of original jurisdiction, the charges collected under subsection (1) must be deposited
with the county finance officer or treasurer. If the court of original jurisdiction is a court within a consolidated city-county
government within the meaning of Title 7, chapter 3, the charges collected under subsection (1) must be deposited with the
finance officer or treasurer of the consolidated government.
(6) (a) A city or town finance officer or treasurer may retain the charges collected under subsections (1)(a) and (1)(b) by
a city municipal court or a city or town court and may use that money for the payment of salaries of the city or town
attorney and deputies.
(b) Each county finance officer or treasurer may retain the charges collected under subsections (1)(a) and (1)(b) by
district courts for crimes committed or alleged to have been committed within that county. The county finance officer or
treasurer shall use the money for the payment of salaries of its deputy county attorneys and for the payment of other salaries
in the office of the county attorney, and any funds not needed for those salaries may be used for the payment of any other
county salaries.
(7) (a) Except as provided in subsection (7)(b), each county, city, or town finance officer or treasurer may retain the
charges collected under subsection (1)(c) for payment of the expenses of a victim and witness advocate program that
provides the services specified in Title 40, chapter 15, and Title 46, chapter 24, and that is operated or used by the county,
city, or town.
(b) The appropriate county, city, or town finance officer or treasurer shall deposit $1 of each $10 charge collected under
subsection (1)(c) in the collecting court's fund for mitigation of administrative costs incurred by the court in the collection
of the charge. The funds deposited under this subsection (7)(b) are not subject to allocation under 46-18-251.
(c) If the county, city, or town does not operate or use a victim and witness advocate program, all charges collected
under subsection (1)(c) must be paid to the crime victims compensation and assistance account established in 53-9-109,
except as provided in subsection (7)(b)."
NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 2001.
- END -
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