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12-8-403. Inquiry to determine abuse.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-8-403. Inquiry to determine abuse.
(a)(1) Upon the request of the prosecuting attorney of a judicial district in which an affected municipality is located, the Director of the Division of Arkansas State Police may investigate and determine whether the affected municipality is abusing police power by conducting an unlawful speed trap.
(2)(A) The investigation shall require the affected municipality to submit a certified record of all fines, costs, citations, and municipal expenditures, as well as the percentage of speeding citations that are written for persons speeding ten miles per hour (10 m.p.h.) or less than the posted speed limit.
(B) The records required under subdivision (a)(2)(A) of this section may encompass a reasonable time period as requested by the Division of Arkansas State Police but shall contain at least ninety (90) days' worth of documentation.
(C)(i) The affected municipality shall submit the requested records within thirty (30) days, unless an extension for submission is approved by the director, and shall cooperate with all other aspects of the investigation.
(ii) Failure to comply with a requirement of this section shall result in automatic sanctions.
(b) It is presumed that the affected municipality is abusing police power by conducting an unlawful speed trap upon a finding by the director that:
(1) The amount of revenue for the affected municipality exceeded thirty percent (30%) of the affected municipality's total expenditures, less capital expenditures, water department expenditures, sewer department expenditures, fiduciary fund expenditures, enterprise fund expenditures, and debt service, in the preceding year; or
(2) More than fifty percent (50%) of the summons written for the traffic offense of speeding that is a misdemean
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-8-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-8-403
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1379a716b3a17d09eff668c8406bd92dffdecfce025916fc07122e3fd2f38280
Source location: content.xml paragraph 1113
Stored source content
12-8-403. Inquiry to determine abuse.
(a)(1) Upon the request of the prosecuting attorney of a judicial district in which an affected municipality is located, the Director of the Division of Arkansas State Police may investigate and determine whether the affected municipality is abusing police power by conducting an unlawful speed trap.
(2)(A) The investigation shall require the affected municipality to submit a certified record of all fines, costs, citations, and municipal expenditures, as well as the percentage of speeding citations that are written for persons speeding ten miles per hour (10 m.p.h.) or less than the posted speed limit.
(B) The records required under subdivision (a)(2)(A) of this section may encompass a reasonable time period as requested by the Division of Arkansas State Police but shall contain at least ninety (90) days' worth of documentation.
(C)(i) The affected municipality shall submit the requested records within thirty (30) days, unless an extension for submission is approved by the director, and shall cooperate with all other aspects of the investigation.
(ii) Failure to comply with a requirement of this section shall result in automatic sanctions.
(b) It is presumed that the affected municipality is abusing police power by conducting an unlawful speed trap upon a finding by the director that:
(1) The amount of revenue for the affected municipality exceeded thirty percent (30%) of the affected municipality's total expenditures, less capital expenditures, water department expenditures, sewer department expenditures, fiduciary fund expenditures, enterprise fund expenditures, and debt service, in the preceding year; or
(2) More than fifty percent (50%) of the summons written for the traffic offense of speeding that is a misdemeanor, a violation of state law, or a violation of a local ordinance in the affected municipality are written for speed limit violations that are ten miles per hour (10 m.p.h.) or less than the posted speed limit.
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