§ 16-10-309 - Failure to submit funds or reports.
16-10-309. Failure to submit funds or reports.
(a) In the event a town, city, or county fails to timely or adequately submit funds and reports required by 16-10-306, 16-10-307(d), 16-10-308(e), or other state law requiring a town, city, or county to submit funds and reports to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration:
(1) (A) (i) The Attorney General may file a civil suit in circuit court against the town, city, or county alleged to have failed to submit the funds.
(ii) If the town, city, or county is found by the court to have failed to submit the funds and reports, the court shall impose a civil penalty on the town, city, or county of ten percent (10%) of the amount required to be remitted for the period of time the town, city, or county has failed to be in compliance.
(iii) The action may be brought in the circuit court of the subject county or the Pulaski County Circuit Court.
(iv) The Attorney General shall be allowed to recover costs and attorney's fees associated with the civil suit from the town, city, or county found to have failed to be in compliance.
(B) The Chief Fiscal Officer of the State, upon a finding that the town, city, or county has failed to submit the funds and reports, may withhold from month to month an equal amount from the town's, city's, or county's share of the state turnback funds owed to the town, city, or county until the funds required to be paid have been submitted; and
(2) (A) Provided that the failure to act continues for a period of sixty (60) days, the state, upon a finding by the Chief Fiscal Officer of the State, may require the town, city, or county to remit all costs, fees, or other funds, however designated under subdivision (a)(1) of this section.
(B) The town, city, or county will thereafter receive its share of these funds at a time and in the manner prescribed by regulations of the Chief Fiscal Officer of the State.
(b) (1) All funds received under 16-10-306, 16-10-307(d), or 16-10-308(e) shall be transferred to the State Administration of Justice Fund to be held and distributed under this subchapter.
(2) All other funds received shall be transferred to the appropriate state fund as provided by law.