October 10, 2001

To:    District and Municipal Courts, Michigan Municipal League, County Administrators,
         Controllers, Managers, County Clerks, County Treasurers and the State Court
         Administrator's Office

From:    Richard L. Baldermann, CPA, CGFM
             Administrator, Local Audit and Finance Division

RE:    Convicted Drunk Driver Assessment, Remitting Court Collected State Fees Revised Form 295

Our office has recently received a request from Michigan Department of Natural Resources (DNR) to make modifications to the district court transmittal advice Form 295. The change is to account for the revenue received (on line 10b of the transmittal) for convicted drunk driver assessment reimbursements under Public Act 345 of 1998 (MCL 769.1f) for amounts due to the DNR.

The Act allows a court to order a person convicted of certain alcohol or drug-related driving offenses to reimburse the State or a local unit of government (a city, village, township, or county) for the expenses incurred in relationship to that incident. The court order may include expenses for an emergency response and for prosecuting the person. The Act applies to offenses involving the operation of a motor vehicle, snowmobile, off-road vehicle (ORV), aircraft, vessel or locomotive engine.

The expenses for which reimbursement may be ordered under Public Act 345 of 1998 (MCL 769.1f) include the following, which under certain situations may be payable to DNR Law Enforcement Officers:

• Salaries or wages, including overtime pay of law enforcement personnel;
• The time spent responding to and investigating the incident;
• Arresting the person convicted, and processing the person after the arrest;
• Preparing reports on the incident, including collecting and analyzing evidence; and
• Determining the presence of and identifying alcohol content/control substances in the blood.

How to account for amounts due to DNR Law Enforcement Officers to reimburse for allowable expenses under Public Act 345 of 1998?

Courts must revise their receipt classification procedure to accumulate collections for court ordered reimbursements, assessed to drunk drivers convicted under Public Act 345 of 1998 (MCL 769.1f), payable to the Department of Natural Resources. The Circuit and District Court Control Unit will have to add a general ledger account within the Agency Fund (formerly titled Trust and Agency Fund). The new account is titled "Convicted Drunk Driver Assessment--Due DNR" under number 228.48. This account represents the amount due to the Michigan Department of Natural Resources for expenses incurred related to Public Act 345 of 1998. Sub-accounts for the circuit and district courts should be established to separately account for collections and remittances of court reimbursements paid. (Please note that amounts collected for convicted drunk driver assessments due the State Police should use account 228.47, per numbered letters 2000-3 and 2000-4.)

Reporting of Amounts Due to the Dept of Natural Resources on the Court Transmittal Forms

The total amount collected during the month, accumulated in the Agency Fund account number 228.48 "Convicted Drunk Driver Assessment--Due DNR," should be deposited with the State of Michigan. If collected in district or municipal court, this amount should be recorded on line 10b of the revised court transmittal Form 295. (Please note that amounts collected due to the State Police for convicted drunk driver assessments should go on line 10a.) If the reimbursement was made in circuit court, the total amount collected for the month goes on line 10b of the revised court transmittal Form 57. (Please note that amounts collected due to the State Police for convicted drunk driver assessments should go on line 10a.)

Conceal Weapons Permits Collections Transmitted by the Courts

Treasury Receipts Processing has notified our office that some courts are adding a line for concealed weapons permit fees on the court fee transmittal form and sending it with other court collections. At no time should the court form be modified for collections not associated with the court or addressed on the court form. Collections for conceal weapons permit fees should be made by the county clerk or treasurer and transmitted to the State Police on Form ADM-16, per numbered letter 2001-11.

Linked is a copy of the revised court transmittal Form 295 (01/02). The revised Form 295 must be used when remitting October 2001 collections due on or before November 20, 2001 and subsequent monthly collections to the State Treasurer and Judges’ Retirement System. Please make copies of the revised Form 295 as necessary for use in subsequent months and destroy your supply of any older versions of Form 295, dated prior to January 2002.

If you have any questions, please call (517) 373-3227 or write our office at:

Michigan Department of Treasury
Local Audit and Finance Division
P.O. Box 30728
Lansing, Michigan 48909-8228