(A) Check service fee. The Prosecuting Attorney of the county is hereby authorized to collect a check service fee on behalf of any individual, person, firm, corporation or any other legal entity who is or may be the holder or payee of any check or draft that has been turned over to the office of the Prosecuting Attorney for prosecution or collection.
(1982 Code, § 25.01)
(B) Authorization to collect fee. The Prosecuting Attorney of the county is hereby authorized to collect said check service fee from the maker, drawer or anyother responsible individual on any check or draft that has been returned to the payee named thereon or holder thereof by a financial institution for non- payment.
(1982 Code, § 25.02)
(C) Fee retention. The Prosecuting Attorney of the county is hereby authorized to retain all check service fees, so collected and to deposit the same into a public funds checking account, established and maintained by the Prosecuting Attorney or his or her delegate.
(1982 Code, § 25.03)
(D) Fund classification. All funds, so collected, are hereby declared to be General Fund miscellaneous revenues.
(1982 Code, § 25.04)
(E) Recordkeeping. The office of the Prosecuting Attorney shall maintain such books, records and accounts as may, from time to time, be prescribed, in writing, by the State Board of Accounts; in the absence or failure of the State Board of Accounts to prescribe such books, records or accounts, in writing, the Prosecuting Attorney may establish such records or accounts as he or she, in his or her discretion, deems necessary and appropriate to properly account for said funds; all of such books, records and accounts shall be open at all times for examination by the State Board of Accounts or the Auditor of the county.
(1982 Code, § 25.05)
(F) Authority to expend service fees. The office of the Prosecuting Attorney is hereby authorized to expend from the check service fees collected, sums not to exceed $1,500 annually, for the reasonable and necessary expenditures of the office of the Prosecuting Attorney, which may be incident to the handling of such checks or for expenditures in addition to or in excess of any funds appropriated for the office of the Prosecuting Attorney, during the calendar year.
(1982 Code, § 25.06)
(G) Quarterly settlement with Auditor.
(1) Quarterly, the office of the Prosecuting Attorney shall turn over to the Auditor of the county all check service fees collected during the quarter, less any expenditures made by the office of the Prosecuting Attorney from such fees.
(2) At the time such fees are turned over, the Prosecuting Attorney shall provide a statement to the Auditor of the county, which shall set forth the total amount of fees collected during the period, the total amount of expenditures made from such fees during the period and the net amount of fees being turned over to the Auditor; in addition, the Prosecuting Attorney shall provide the Auditor with an itemized statement setting forth the payee, nature and amount of each expenditure made by the Prosecuting Attorney from check service fees; in addition, said statement shall set forth the total amount of check service fees expended by the office of the Prosecuting Attorney year-to-date.
(1982 Code, § 25.07)
(H) Additional appropriation. The Prosecuting Attorney may, at the time of turning over such funds to the County Auditor, file with the Auditor a request for an additional appropriation to the budget of the Prosecuting Attorney of the county in an amount not to exceed that of the funds turned over to the Auditor.
(1982 Code, § 25.08)
(I) Amount of fee. The collection of any check service fee, or the amount of the fee to be charged, shall be discretionary with the office of the Prosecuting Attorney.
(1982 Code, § 25.09)
(Ord. passed 5-14-1990)