An Act To Increase Traffic Fines and Apportion a Part of the Increase to the Issuing Jurisdiction LR0408(02)
Maine Legislature, Session 121, LD 1070
Committee Amendment CA_A_H646 (House)
Amends: 4 MRSA §118-A, 4 MRSA §173

COMMITTEE AMENDMENT "/I,, to H.P. 788, L.D. 1070, Bill, 
Act 
To 
Increase Traffic Fines 
and Apportion 
a 
Part of 
Increase to the Issuing Jurisdiction" 
"An 
the 
Amend the bill by striking out the title and substituting 
the following: 
• An 
Act To 
Amend 
the 
Laws 
Regarding r .. aw 
Enforcement Agency 
Reimbursement for District and Superior Court Appearances' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
. Sec. 1. 4 MRSA §118-A is enacted to read: 
SI18-A. 
Law enforcement officer; reimbursement 
1. 
Testimony. 
The court shall reimburse the municipality 
or county that employs a law enforcement officer a flat fee of 
$75 for each day or part of a day that that law enforcement 
officer is physically present for a scheduled pretrial hearing 
for a Class D or Class E crime in Superior Court, whether or not 
the officer is called upon to give testimony. 
2. Reimbursement. 
The Administrative Office of the Courts 
shall use 
the 
Law 
Enforcement Agency 
Reimbursement 
Fund, 
as 
established 
in 
section 
173, 
subsection 
4-B, 
to 
reimburse 
employers pursuant to subsection 1. 
Sec. 2. 4 MRSA §173, sub-§4-A, ~~A and B, as amended by PL 
1999, c. 731, Pt. CCCC, §l, are further amended to read: 
Page l-LR0408(2) 
COMMITTEE AMENDMENT 
':.,\ 
COMMITTEE AMENDMENT .. fir to H.P. 788, L.D. 1070 
A. 
The court shall reimburse the municipality or county 
that employs the law enforcement officer a flat fee of $eG 
ill for each day or part of a day that a law enforcement 
officer is physically present for 
a 
scheduled trial in 
District Court, whether or not the officer is called upon to 
give testimony. 
B. 
The court shall pay a municipality or county a flat fee 
of $5G ill for each day or part of a day that a municipal or 
county 
law 
enforcement 
officer, 
designated 
by 
the 
municipality or county as its court officer, is physically 
present in a District Court in order to adequately handle 
that municipality's or county's case load. 
The court officer required to be present at an arraignment 
may be an officer other than the arresting officer if the 
municipality or county has designated the officer to handle 
the arraignment case load of that municipality or county. 
In addition, one or more municipalities may designate either 
a 
municipal 
law 
enforcement 
officer 
or 
a 
county 
law 
enforcement 
officer 
to 
represent 
the 
municipalities 
at 
arraignments. 
Sec. 3. 4 MRSA §173, sub-§4-B, as enacted by PL 1997, c. 750, 
Pt. A, §2, is amended to read: 
4-B. 
Enforcement 
nonlapsing, 
the Courts. 
Law Enforcement Aqency Reimbursement Fund. 
The Law 
Agency 
Reimbursement 
Fund 
is 
established 
as 
a 
dedicated fund within the Administrative Office of 
A. 
The Administrative Office of the Courts shall use the 
fund to reimburse municipalities and counties pursuant to 
subsection 4-A 4 and section 118-A. 
B. 
Six percent of fines 
and forfeitures 
collected for 
traffic 
infractions 
must 
be 
deposited 
in 
the 
fund 
as 
provided 
in 
Title 
29-A, 
section 
2602, 
subsection 
4, 
paragraphs A and B. 
C. 
The balance remaining in the fund at the end of the 
fiscal year must be transferred to the General Fund. 
D. 
If there is a deficit in the fund at the end of the 
fiscal 
year, 
the 
Treasurer 
of 
State 
shall 
transfer 
a 
sufficient amount from the General Fund to balance the fund. 
The Administrative Office of the Courts shall submit an annual 
report to the joint standing committee of the Legislature having 
jurisdiction 
over 
jUdiciary matters 
and 
the 
joint 
standing 
COMMITTEE AMENDMENT 
" 
'~\ .. , 
COMMITTEE AMENDMENT ,,(1: to H.P. 788, L.D. 1070 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
transportation matters. 
The report must include the amount of 
money 
reimbursed 
to 
municipalities 
and 
counties 
for 
law 
enforcement services and may contain recommendations for changes 
in the reimbursement rate or the process for reimbursement of law 
enforcement agencies. I 
SUMMARY 
This is the minority report of the Joint Standing Committee 
on Transportation. 
This amendment renames and replaces the bill and increases 
the amount reimbursed to a municipality from the Law Enforcement 
Agency Reimbursement Fund from $50 to $75 per day or part of a 
day 
for 
any 
officer 
employed 
by 
that municipality 
who 
is 
physically present for a scheduled trial in District Court. 
The 
amendment also requires the Law Enforcement Agency Reimbursement 
Fund to be used to reimburse a municipality a flat fee of $75 per 
day 
or 
part 
of 
a 
day 
for 
any 
officer 
employed 
by 
that 
municipality who is physically present for a scheduled pretrial 
hearing for a Class D or Class E crime in Superior Court. 
This amendment also requires the Administrative Office of 
the Courts to submit an annual report to the joint standing 
committee of the Legislature having jurisdiction over judiciary 
matters 
and the joint standing committee of the Legislature 
having jurisdiction over transportation matters. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Revised: 01/26/04 ~ae 
I2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1070 
An Act To Increase Traffic Fines and Apportion a Part of the Increase to 
the Issuing Jurisdiction 
LR0408(02) 
Fiscal Note For Bill as Amended by Committee Amendment" " 
Committee: Transportation 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
2003-04 
2004-05 
$0 
$408,835 
$0 
($408,835) 
Projections 
2005-06 
$419,056 
($419,056) 
Projections 
2006-07 
$429,532 
($429,532) 
Increasing the fee from $50 to $75 to reimburse employers of law enforcement officers who testify in District Court 
and establishing a fee of $75 to reimburse employers of law enforcement officers who testify in Superior Court for 
certain court appearances will result in additional net costs to the General Fund of $408,835 in fiscal year 2004-05, 
$419,056 in fiscal year 2005-06 and $429,532 in fiscal year 2006-07. This increase in reimbursement will expend 
funds in the Law Enforcement Agency Reimbursement Fund of the above mentioned amounts in fiscal year 2004-05, 
in fiscal year 2005-06 and in fiscal year 2006-07. These funds would have remained in the General Fund as budgeted 
revenue. 
There will be some savings to the counties from witness fees being paid from the Law Enforcement Reimbursement 
Fund or from the appropriation for pretrial hearings of Class D or E crimes in Superior Court. 
MRSA section 1320 may need to be revised to eliminate the possibility of duplicate payments by the county and 
state for witness fees for the above mentioned hearings.