2015 -- S 0530

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LC001906

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC FINANCE - ACCOUNTS AND CONTROL

     Introduced By: Senators Lombardi, and McCaffrey

     Date Introduced: February 26, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 35-6-13, 35-6-14, 35-6-26, 35-6-28, 35-6-31, 35-6-32 and 35-6-33

of the General Laws in Chapter 35-6 entitled "Accounts and Control" are hereby amended to read

as follows:

     35-6-13. Transmission of accounts allowed by courts. -- Every account allowed by the

supreme court or, by the superior court, family court, workers' compensation court, district court

or traffic tribunal, and every certificate allowed for any attendance in these courts in cases

provided by law, except the attendance of officers in the county of Providence, shall, within

twenty (20) days after the close of any session thereof in counties other than the county of

Providence, and within twenty (20) days after the fifteenth day of February, May, August, and

November in each year in the county of Providence, and every account or bill of costs, with the

items thereof, allowed by any district court or by the supreme court, or by the superior court at

Providence for attendance of officers these courts, shall, at the end of every month, be transmitted

daily by the clerks of the courts, respectively, to the department of administration the supreme

court director of finance in accordance with § 8-15-9; and the account, certificate, or bill of costs

shall state the name of the person to whom the allowances have been made, the amount thereof,

and for what the allowance has been allowed.

     35-6-14. Payments for compensation of jurors. -- The state controller, based upon a

statement exhibited to him or her by the jury commissioner, to the supreme court director of

finance, may draw an order on the general treasurer in favor of the jury commissioner, for a sum

certain to pay the jurors for their travel and attendance at any session thereof in any of the state

courts that may require juries, which sum shall be accounted for by the jury commissioner at the

time of transmitting to the department of administration supreme court director of finance the

accounts named in § 35-6-13.

     35-6-26. Settlement of costs of state witnesses. -- Every officer receiving any money

from the treasury for disbursement as provided in §§ 35-6-22 -- 35-6-25 shall, within ten (10)

days after the disposition of the criminal trials before juries for the session, or portion of the

session, as the case may be, for which the money is obtained, deposit with the clerk of the court a

true copy, by him or her attested, of the book provided to be kept by him or her at the session,

showing record daily his or her disbursements of money; and shall return the original, with his or

her certificate endorsed thereon, under oath, that all matters therein contained are just and true, to

the department of administration; and shall pay over any balance in his or her hands to the state

treasurer supreme court director of finance, or receive any balance due him from the state, as, on

settlement of the account with the state controller, may appear.

     35-6-28. Settlement of accounts of district court clerks. -- Every district court clerk

shall keep, in his or her office, a true copy, attested by him or her, of all certificates and record

daily all receipts containing evidence of and disbursements, and shall return each original

certificate and receipt to with the department of administration, supreme court director of finance

in accordance with § 8-15-9 accompanied by his or her certificate, that he or she believes the

certificate and receipt to be true and just in every particular, whenever it shall become his or her

duty according to law to settle his or her account with that department; and shall include his or

her account of the disbursements in the account which he or she shall then settle.

     35-6-31. Accounting for fines and forfeitures by others than clerks and justices. --

Accounting for court fines and forfeitures. -- Deputy sheriffs, jailers, and other persons, except

including clerks of courts and justices of district courts, receiving fines, penalties, and forfeitures

accruing, imposed by the court or belonging to the state, or costs due or payable to the court

and/or into the state treasury, shall account daily with the department of administration supreme

court director of finance in accordance with § 8-15-9 for the fines, penalties, forfeitures, and

costs, as often as may be required by the department.

     35-6-32. District court clerk's return of fines and penalties. --Court clerk's return of

fines and penalties. -- Every clerk of a district court shall in accordance with § 8-15-9, make a

monthly daily return in writing to the department of administration supreme court director of

finance of all fines collected by him or her due the state during the preceding month, and the

amount and circumstances of the fines, if any, collected by the clerk; and shall therewith return an

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abstract of his or her docket or record, showing the amount of fines imposed by the court, and

copies of the bills of costs on all complaints and warrants made, brought, or tried before the court;

and shall also make a return of all penalties and costs in any civil or criminal suit or process due

the state, which shall have come to or been in his or her hands since the preceding return, and the

amount and circumstances of the penalties and costs.

     35-6-33. Payment of criminal costs to person entitled. -- All costs received by the clerk

of any court, or by any justice of a district court, or other officer or person, which shall be paid by

defendants or others in criminal prosecutions, may be paid to the persons entitled to the costs,

shall be processed by the clerk, justice, officer, or person, until the time appointed for the

rendering of their accounts to through the department of administration as required by this chapter

supreme court director of finance in accordance with § 8-15-9; and all sums so received and paid

by the officials or persons shall be accounted for with the department of administration supreme

court director of finance.

     SECTION 2. Sections 35-6-21, 35-6-22 and 35-6-27 of the General Laws in Chapter 35-6

entitled "Accounts and Control" are hereby repealed.

     35-6-21. Accounting by clerks of court for fines and forfeitures. -- The clerk of the

supreme court and the clerks of the superior court shall, respectively, make a monthly return to

the department of administration of all fines, costs, penalties, and forfeiture defaulted

recognizances and other moneys collected by them and due the state during the preceding month.

The return shall be accompanied by their certificate duly notarized that they believe the return to

be true.

     35-6-22. Forms for costs of summoning state witnesses in criminal cases. -- The

department of administration, at every session of the superior court, shall provide the deputy

sheriff, who shall be selected by the attorney general to summon witnesses in criminal cases

before the court in behalf of the state, with suitable books for the certificates of the travel and

attendance of witnesses summoned and attending the court in behalf of the state, and for the

certificates of the fees of officers for summoning the witnesses, and for serving other criminal

process in behalf of the state at each session.

     35-6-27. Payment of fees accruing in district court proceedings. -- The department of

administration shall provide the clerk of every district court with proper blanks for certificates of

fees of witnesses and officers due from the state; and the clerk shall obtain the certificates of fees

of witnesses and officers before the court in behalf of the state, on the blanks, and, with the

approval of the justice of the court, made on examination of the facts immediately after the trial

of every case, shall forthwith pay, out of any public moneys in his or her hands, the fees, and take

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proper receipts therefor, under the proper title of the case, on the blanks, and obtain the signature

of the justice approving the payments in each case, upon the blanks.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC FINANCE - ACCOUNTS AND CONTROL

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     This act would remove outdated references to the department of administration and

replace said department with the supreme court director of finance as the accounting entity for the

court clerks in accordance with § 8-15-9.

     This act would take effect upon passage.

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