§ 12-8-402 — Definitions

As used in this subchapter: (1) "Abusing police power" means exercising police power to enforce criminal and traffic laws for the principal purpose of raising revenue for an affected municipality and not for the purpose of public safety and welfare; (2) "Affected highway" means a highway that: (A) Is part of the state highway system; and (B) Has a decrease in the posted speed limit upon entering an affected municipality; (3) "Affected municipality" means a city of the first class, a city of the second class, or an incorporated town through which passes an affected highway; (4) "Enterprise fund" means a proprietary fund type used to report an activity for which a fee is charged to external users for goods or services; (5) "Fiduciary fund" means a fund type used to report assets held in a trustee or agency capacity and which cannot be used to support an affected municipality's own programs; and (6) (A) "Revenue" means moneys resulting from fines and costs from traffic offense citations written by or arrests made by an affected municipality's law enforcement agency, if the traffic offense is a: (i) Misdemeanor; (ii) Violation of state law; or (iii) Violation of a local ordinance. (B) "Revenue" does not include moneys: (i) Received by an affected municipality and remitted to another governmental entity; (ii) Resulting from ancillary actions related to the enforcement of a traffic offense, including failure to appear and failure to pay; (iii) Resulting from late fees assessed on any traffic offense citation; or (iv) Received from a traffic offense citation written by or an arrest made by a law enforcement officer who does not belong to the affected municipality's law enforcement agency as required under subdivision (6)(A) of this section, including without limitation a law enforcement officer who is a county sheriff, a constable, or employed by: (a) A county sheriff's office; (b) The Division of Arkansas State Police; or (c) The Arkansas Highway Police Division of the Arkansas Department of Transportation.

Legislative History

Amended by Act 2023, No. 825,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 825,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 520,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 364,§ 1, eff. 7/24/2019. Acts 1995, No. 855, § 2; 1997, No. 211, § 1.