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H.782

Introduced by   Representative Howard of Rutland City

Referred to Committee on

Date:

Subject:  Motor vehicles; fines; municipalities

Statement of purpose:  This bill proposes to permit municipalities to retain all of the fines, except for an administrative fee, that the judicial bureau imposes resulting from municipally enforced violations of state motor vehicle laws on town highways.

AN ACT RELATING TO MUNICIPALLY ENFORCED MOTOR VEHICLE VIOLATIONS AND FINES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A § 7251 is amended to read:

§ 7251.  MUNICIPALITIES; PAYMENT TO AND LIABILITY OF

(a)  Fines, forfeitures, and penalties, imposed by the district or superior court or by the judicial bureau for violation of a village, town, or city ordinance, and all municipally enforced state‑traffic‑related violations on town highways including violations of height and width limits under 23 V.S.A. § 1431 and violations of length limits under 23 V.S.A. § 1432 shall be paid to the village, town, or city, respectively, except for a $12.50 administrative charge for each case which shall be retained by the state.

(b)  Fines, forfeitures, and penalties imposed by the judicial bureau for all speeding traffic violations under Title 23, chapter 13, subchapter 8 entitled “speed restrictions” on state highways and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 on town highways resulting that result from the enforcement by towns within the jurisdiction of the town shall be paid to the town by the formula set forth in subsection (c) of this section except for the administrative charge according to the provisions of subsection (a) of this section which shall be retained by the state.  The enforcement by towns shall be by a town law enforcement officer or a law enforcement officer by contract with the town.  Such The law enforcement officer shall be certified according to the provisions of 20 V.S.A. § 2358.  Nothing in this section shall be construed to limit the jurisdiction of a certified law enforcement officer.  The revenue that is collected by the state pursuant to enforcement of this section by a town shall be distributed annually during the first quarter of the fiscal year immediately following the fiscal year in which the fines, forfeitures, and penalties are collected.

(c)  The allocation of revenue to the towns under the formula shall be updated annually by the state court administrator and shall provide that the revenue be distributed to those towns whose law enforcement efforts on state highways and town highways as specifically set forth in subsection (b) of this section have resulted in the imposition of the fines, forfeitures, and penalties for all speeding traffic violations under Title 23, chapter 13, subchapter 8, entitled “speed restrictions” and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432, provided that no town may receive more than five percent of the total revenue in any given year.  The formula used for distribution shall reflect the percentage of a town’s law enforcement expenditures as it relates to the town’s total municipal taxing effort.  The town’s total municipal taxing effort shall be determined by subtracting the town’s school taxes assessed from the total taxes assessed as provided each year in the annual report of the division of property valuation and review by the Vermont department of taxes.  By July 31 of each year, the local legislative body of any town which had law enforcement efforts resulting in the imposition of fines, forfeitures, and penalties and which wishes to participate shall submit to the court administrator the total amount of the funds spent for law enforcement in the most recently completed town fiscal year.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us