October 30, 2000

To:    County Treasurers, Administrators, Coordinators and Controllers
         State Court Administrator's Office, Circuit, Probate, and District
         Courts

From:    Richard L. Baldermann, CPA, CGFM
             Administrator, Local Audit and Finance Division
             Bureau of Local Government Services

RE:    Disbursement of Fines, Costs, and Reimbursements to Local Units of Government

Public Act 345 of 1998, effective October 1, 1999, amending MCL 769.1f requires courts collecting reimbursements for emergency response to forward these reimbursements to the local unit(s) of government named in the order. In some courts this is done in conjunction with the monthly transmittal advice to the court's funding unit, for distribution by the city or county treasurer to the local unit of government. Other courts distribute this money directly to the local unit of government. Either method of distribution is acceptable as long as the court can document that the money has been paid to the unit of government named in the court order.

Public Acts 93, 94, 95, 96, 97 and 98 of 2000, effective May 15, 2000, amending MCL 600.8379, 257.605, 257.909, 257.955, 479.18, and 480.21 requires district courts to distribute 70% of ordinance fines for civil infraction commercial vehicle violations to the county treasurer for distribution to the political subdivision whose ordinance was violated. As long as the court can document that the money has been paid to the unit of government whose ordinance was violated, distribution does not have to be performed by the county treasurer. However, documentation should be provided to the county treasurer that the distribution has been made according to the statute. Also, we recommend the district court and county treasurer come to an agreement as to the manner in which the distributions should be made.

If you have any questions, please call Ernest L. Hodgers at (517) 373-3227 or write: