2015 -- H 5856

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LC001853

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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: Representatives Gallison, Canario, Serpa, Phillips, and Ruggiero

     Date Introduced: March 12, 2015

     Referred To: House Finance

     (Judiciary)

It is enacted by the General Assembly as follows:

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     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

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

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as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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and for what the allowance has been allowed.

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

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

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

 

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

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

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

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accounts named in § 35-6-13.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

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

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

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

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amount and circumstances of the penalties and costs.

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

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

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

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

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

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

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

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court director of finance.

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

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entitled "Accounts and Control" are hereby repealed.

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

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

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

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

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

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be true.

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

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

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

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

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

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

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process in behalf of the state at each session.

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

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

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

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

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

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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

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

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     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

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

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

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     This act would take effect upon passage.

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