An Act To Distribute Revenue in the Law Enforcement Agency Reimbursement Fund to Municipalities and Counties
Maine Legislature, Session 122, LD 0371
Committee: Transportation
Sponsors: SAVAGE, MARLEY, BOWEN, COLLINS, JODREY
Amends: 4 MRSA §173

Legislative Document 
No. 371 
S.P. 118 
In Senate, January 25,2005 
An Act To Distribute Revenue in the Law Enforcement Agency 
Reimbursement Fund to Municipalities and Counties 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator SAVAGE of Knox. 
Cosponsored by Representative MARLEY of Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: BOWEN of Rockport, COLLINS of Wells, JODREY of Bethel, McKENNEY 
of Cumberland. 
P,inted on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §173, sub-§4-B, "C and D, as enacted by PL 
1997, c. 750, Pt. A, §2, are amended to read: 
C. 
The balance remaining in the fund at the end of the 
fiscal 
year 
must 
be 
tFaBSEeFFee--~~--~~-~~~a~--~HBe 
distributed to municipalities 
and counties 
in accordance 
with subsection 4-C. 
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 
for 
reimbursements 
made 
pursuant 
to 
subsection 
4-A 
to 
municipalities and counties. 
Sec. 2. 4 MRSA §173, sub-§4-C is enacted to read: 
4-C. 
Municipal 
and 
county 
reimbursement. 
Any 
balance 
rema~n~ng in 
the 
Law 
Enforcement 
Agency 
Reimbursement 
Fund, 
established in subsection 4-8 and referred to in this subsection 
as "the fund," at the end of the fiscal year must be distributed 
to municipalities and counties in accordance with this subsection. 
A. 
A municipality that employs at least one full-time law 
enforcement officer or that has a contract with a county to 
provide rural patrol services is entitled to reimbursement 
under 
this 
paragraph. 
The 
level 
of 
reimbursement 
is 
determined by mUltiplying the municipal population factor by 
the balance remaining in the fund at the end of the fiscal 
year. 
For 
purposes 
of 
this 
paragraph, 
the 
municipal 
population factor is determined by dividing the population 
of the municipality by the total population of the State, as 
determined 
by 
the 
last Federal 
Decennial 
Census 
or 
as 
determined and certified bv the Department of Health and 
Hwnan Services, whichever is more current. 
For purposes of 
this paragraph, the Department of Health and Human Services 
shall determine the popUlation of each municipality at least 
once every 2 years. 
8. 
If a municipality does not employ at least one full-time 
law enforcement officer or have a contract with a county to 
provide rural patrol services, 
the 
reimbursement must be 
provided 
to 
the 
county 
in 
which 
the 
nonqualifying 
municipality is located. 
Page l-LR1l25(1) 
SUMMARY 
Under current law, 6% of fines and forfeitures collected for 
traffic infractions must 
be deposited in the 
Law 
Enforcement 
Agency 
Reimbursement 
Fund, 
which 
is 
then 
used 
to 
reimburse 
municipalities and counties at a flat rate of $50 per day when a 
law enforcement officer from the municipality or county attends 
court. 
Any balance in the fund at the end of the fiscal year is 
transferred to the General Fund. 
This bill requires that any balance in the fund at the end 
of the fiscal year be distributed among municipalities according 
to a population-based revenue-sharing formula. 
If a municipality 
does not qualify because it does not employ at least one law 
enforcement officer or contract with a county to provide patrol 
service, then the county in which that municipality is located 
receives the nonqualifying municipality's share of the fund.