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Arkansas General Assembly· HB 1178Notification that HB1178 is now Act 993

An act To Be Entitled 9 CONCERNING MUNICIPAL ORDINANCE VIOLATIONS, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas       As Engrossed: H2/18/25 H3/5/25 H4/1/25

2 95th General Assembly                   A Bill

3 Regular Session, 2025                                            HOUSE BILL 1178

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5 By: Representative R. Scott Richardson

6 By: Senator D. Wallace

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8                          For An Act To Be Entitled

9   CONCERNING MUNICIPAL ORDINANCE VIOLATIONS; TO AMEND

10  THE LAW CONCERNING THE CONTRACTING OF A MUNICIPAL

11  ATTORNEY; TO AMEND THE LAW CONCERNING SUMS COLLECTED

12  BY DISTRICT COURTS; TO AMEND THE LAW CONCERNING COST

13  SHARING FOR DISTRICT COURT EXPENSES; TO ENSURE THE

14  APPROPRIATE DISTRIBUTION OF SUMS COLLECTED BY THE

15  DISTRICT COURT; AND FOR OTHER PURPOSES.

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18                                        Subtitle

19                       TO AMEND THE LAW CONCERNING THE

20                       CONTRACTING OF A MUNICIPAL ATTORNEY; TO

21                       AMEND THE LAW CONCERNING SUMS COLLECTED

22                       BY DISTRICT COURTS; AND TO AMEND THE LAW

23                       CONCERNING COST SHARING FOR DISTRICT

24                       COURT EXPENSES.

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26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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28  SECTION 1. DO NOT CODIFY. Legislative intent.

29  The General Assembly intends this act to:

30  (1) Clarify the law concerning the collection and distribution

31 of sums collected by a district court; and

32  (2) Provide a mechanism for cities and incorporated towns that

33 do not operate a district court and do not have a police department to

34 receive the appropriate distribution of sums collected by the district court

35 to ensure remediation.

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    As Engrossed: H2/18/25 H3/5/25 H4/1/25                                 HB1178

1   SECTION 2. Arkansas Code � 14-42-112(a), concerning municipal

2 attorneys for cities of the second class and incorporated towns, is amended

3 to add an additional subdivision to read as follows:

4   (3) A city of the second class or an incorporated town that chooses

5 not to have an office of city attorney may contract with an attorney for

6 legal representation.

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8   SECTION 3. Arkansas Code � 16-17-707 is amended to read as follows:

9   16-17-707. Separate accounting records of fines, etc. -- Disbursements.

10  (a) The district court clerk shall keep three (3) separate accounting

11 records of all fines, penalties, forfeitures, fees, and costs received by him

12 or her for any of the officers of the town, city, or county, as provided in

13 this subchapter:

14  (1) The first class of accounting records shall embrace all sums

15 collected in the district court in:

16                   (A) all All nontraffic cases which are misdemeanors or

17 violations of the town or city ordinances of a town or city in the district

18 where the arresting or citing officer was a law enforcement officer or code

19 enforcement officer employed by the town or city; and

20                   (B) all All cases which are misdemeanors or violations

21 under state law or traffic offenses which are misdemeanors or violations

22 under state law or town or city ordinance committed within the corporate

23 limits of the town or city where the court sits, where the arresting officer

24 was a police officer or other officer of the town or city, a Division of

25 Arkansas State Police officer or other certified law enforcement officer of

26 the state, or an officer of a private or public college or university located

27 within the corporate limits of the town or city where the court sits;

28  (2) The second class of accounting records shall embrace all

29 sums collected in the district court in all nontraffic cases which are

30 misdemeanors or violations of county ordinances or are misdemeanors or

31 violations of any of the laws of the state where the arresting officer was

32 the county sheriff or a deputy sheriff or was not a police officer or other

33 officer of the a town or city where the court sits in the district, and the

34 offense was committed outside the corporate limits of the town or city where

35 the court sits, and in all other criminal or traffic proceedings not

36 specifically enumerated in this section; and

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    As Engrossed: H2/18/25 H3/5/25 H4/1/25                                  HB1178

1            (3)(A) The third class of accounting records shall embrace all

2 sums collected in the district court in all civil and small claims cases.

3            (B) The uniform filing fee collected under � 16-17-705

4 shall be remitted to the city administration of justice fund.

5            (C) The uniform court costs collected under � 16-10-305

6 shall be remitted to the city administration of justice fund.

7            (D) All other fees and interest earned on the court

8 account shall be disbursed to the treasurers of the political subdivisions

9 which contribute to the expense of the district court in accordance with a

10 written agreement among the political subdivisions.

11  (b)(1)(A) After deducting the fees due the police department and

12 marshal's office and sheriff's office, the district court shall pay into the

13 each town or city treasury all sums collected from the first class of

14 accounting records for that town or city.

15           (B) The district court shall pay all sums collected from

16 the second class of accounting records into the county treasury.

17           (2) Any district court that is funded solely by the county shall

18 pay all sums collected from the first or second class of accounting records

19 into the county treasury and shall pay all uniform filing fees and court

20 costs collected into the county administration of justice fund.

21           (3) A town or city that has a police department and does not

22 operate a district court shall receive only the prorated sums collected as

23 provided in � 16-17-1203.

24           (4) Direct monetary settlements shall be made with state

25 entities or agencies as provided by law.

26  (c) All disbursements from all three (3) classes of accounting records

27 shall be pursuant to the provisions set forth in the Arkansas District Courts

28 Accounting Law, � 16-10-201 et seq.

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30  SECTION 4. Arkansas Code � 16-17-1203(a)(1), concerning the procedure

31 for cost sharing for expenses of a district court, is amended to read as

32 follows:

33  (a)(1)(A) Any town or city that has a police department but does not

34 have a district court may contribute to the operational expenses of the

35 nearest district court in the county where the town or city is located

36 pursuant to a written agreement.

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    As Engrossed: H2/18/25 H3/5/25 H4/1/25     HB1178

1   (B) A written agreement is mandatory and is to be entered into

2 between the governing body of the town or city where the district court sits

3 and the governing bodies of the political subdivisions that contribute to the

4 operational expenses of the district court.

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6   /s/R. Scott Richardson

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