41-191.03. Collection enforcement revolving fund; disposition of monies

A. The collection enforcement revolving fund is established for the purpose of collecting debts owed to the state. Monies in the fund are subject to legislative appropriation. The attorney general shall administer the fund.

B. The attorney general may expend from the collection enforcement revolving fund the monies that are necessary for operating expenses incurred by the department of law and the collection of debts owed to this state, including reimbursing other accounts or departments within the office of the attorney general from which monies or services for collection were provided.

C. Thirty-five percent of all monies recovered by the attorney general pursuant to section 41-191.04 shall be deposited, pursuant to sections 35-146 and 35-147, in the collection enforcement revolving fund.

D. Sixty-five percent of all monies recovered by the attorney general pursuant to section 41-191.04 shall be distributed as follows:

1. Those monies that are directly attributable to a fund containing monies that do not revert to the state general fund at the end of the fiscal year shall be deposited, pursuant to sections 35-146 and 35-147, in that fund.

2. All other monies shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

E. Monies in the collection enforcement revolving fund are exempt from the lapsing provisions of section 35-190 relating to lapsing of appropriations, except that monies remaining in the fund at the end of each fiscal year in excess of one million dollars shall be distributed on a pro rata basis to the funds receiving monies pursuant to subsection D of this section. This distribution shall be based on the percentage that the collections deposited in each fund bear to the total amount deposited in the funds during the fiscal year.

F. Notwithstanding anything in subsections B through E of this section, monies due and owing pursuant to section 12-116.01 and collected by the attorney general shall be distributed as follows:

1. Twenty percent of all monies recovered by the attorney general pursuant to section 41-191.04 shall be deposited, pursuant to sections 35-146 and 35-147, in the collection enforcement revolving fund.

2. Eighty percent of all monies recovered by the attorney general pursuant to section 41-191.04 shall be deposited, pursuant to sections 35-146 and 35-147, in the criminal justice enhancement fund established by section 41-2401.