SENATE BILL
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO METROPOLITAN COURTS; CREATING THE COURT EMERGENCY PROPERTY RESERVE FUND AND THE METROPOLITAN COURT PARKING FUND; PROVIDING DIFFERENT DOCKET FEES FOR COUNTIES WITH A METROPOLITAN COURT; REPEALING SECTIONS 6-21-6.13 AND 34-9-16 NMSA 1978 (BEING LAWS 2008, CHAPTER 91, SECTION 2 AND LAWS 1998 (1ST S.S.), CHAPTER 6, SECTION 9, AS AMENDED); MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 34-8A-14 NMSA 1978 (being Laws 2000, Chapter 5, Section 1) is amended to read:
"34-8A-14. USE OF PARKING FACILITY NEAR BERNALILLO COUNTY METROPOLITAN COURT.--
A. The Bernalillo county metropolitan court shall administer and manage a parking facility adjacent to the Bernalillo county metropolitan court in Albuquerque in accordance with the following provisions:
[A.] (1) parking fees or the rents charged by the Bernalillo county metropolitan court to any public or private tenant or user of the parking facility shall be at rates comparable to parking fees charged in the downtown Albuquerque area for similar parking privileges or rents charged in the downtown Albuquerque area for similar space; and
[B.] (2) after payment of all fixed costs related to the parking facility and all costs of operating and maintaining the parking facility, all rents, parking fees and charges collected by the Bernalillo county metropolitan court for the parking facility shall be deposited in the "metropolitan court [facilities] parking fund", which is created in the state treasury to be administered by the Bernalillo county metropolitan court. The fund shall consist of court fees and lease and rental revenues transferred to or deposited in the fund, gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
[C. the Bernalillo county metropolitan court shall provide a certified long-term user list and parking fee or rent schedule for the parking facility to the New Mexico finance authority at the end of each fiscal year;
D. with the prior written consent of the New Mexico finance authority, the Bernalillo county metropolitan court may sell or otherwise dispose of the parking facility; provided that no sale or disposition of the parking facility shall be for less than the fair market value of the parking facility as determined by an independent real estate appraiser; and]
B. All balances in the metropolitan court parking fund are appropriated to the Bernalillo county metropolitan court for the primary purpose of the maintenance and operation of the parking facility. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the court, be used for the secondary purpose of partially paying for the costs of emergency or unforeseen repair, reconstruction or replacement of Bernalillo county metropolitan court property and expenses incidental thereto not otherwise covered by warranty, capital appropriation or insurance or pursuant to Chapter 13, Article 5 NMSA 1978.
C. Payments from the metropolitan court parking fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the Bernalillo county metropolitan court administrator.
D. Any balance remaining in the metropolitan court parking fund at the end of a fiscal year shall not revert to the general fund.
E. Any money received from the sale or other disposition of the parking facility shall be deposited in the court facilities fund [and used for the early redemption of any outstanding bonds issued by the New Mexico finance authority for financing the parking facility adjacent to the Bernalillo county metropolitan court building in Albuquerque]."
SECTION 2. A new section of Chapter 34, Article 9 NMSA 1978 is enacted to read:
"[NEW MATERIAL] COURT EMERGENCY PROPERTY RESERVE FUND.--
A. The "court emergency property reserve fund" is created as a nonreverting fund in the state treasury to be administered by the administrative office of the courts.
B. The court emergency property reserve fund may be used to pay the costs of emergency or unforeseen repair, reconstruction or replacement of court-owned property and expenses incidental thereto not otherwise covered by warranty, capital appropriation or insurance or pursuant to Chapter 13, Article 5 NMSA 1978. The fund may also be used to pay the costs of administering the fund.
C. The court emergency property reserve fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act. Disbursements from the fund shall be drawn on warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the administrative office of the courts or the director's designee. Money in the fund shall be invested by the state treasurer as provided by law, and earnings of the fund shall be credited to the fund. Unexpended or unencumbered balances remaining in the fund at the end of a fiscal year shall not revert."
SECTION 3. That version of Section 34-9-14 NMSA 1978 (being Laws 1998 (1st S.S.), Chapter 6, Section 7, as amended) that is to become effective July 1, 2024 is amended to read:
"34-9-14. COURT FACILITIES FUND CREATED--ADMINISTRATION--DISTRIBUTION.--
A. The "court facilities fund" is created in the state treasury and shall be administered by the administrative office of the courts. The fund shall consist of court fees and lease and rental revenues transferred to or deposited in the fund, gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
[B. All court facilities fees and other revenues deposited in the fund shall be distributed monthly to the New Mexico finance authority for deposit in a special bond fund or account of the authority. The New Mexico finance authority may pledge irrevocably all of these distributions to the authority for the payment of principal, interest and any other expenses or obligations related to the bonds issued by the authority for financing the acquisition of real property and for the design, construction, furnishing and equipping of a new court building for the Bernalillo county metropolitan court in Albuquerque and of a parking facility adjacent to the court building.
C. Distributions from the court facilities fund to the New Mexico finance authority shall be made upon vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the secretary of finance and administration.
D. Upon certification by the New Mexico finance authority that all payments of principal, interest and any other expenses or obligations related to the bonds issued by the authority for financing the acquisition of real property and for the design, construction, furnishing and equipping of a new court building for the Bernalillo county metropolitan court in Albuquerque and of a parking facility adjacent to the court building have been satisfied, the court facilities fee shall be eliminated.]
B. The fund may be used by the administrative office of the courts to pay the costs of emergency or unforeseen repair, reconstruction or replacement of Bernalillo county metropolitan court property and expenses incidental thereto not otherwise covered by warranty, capital appropriation or insurance or pursuant to Chapter 13, Article 5 NMSA 1978.
C. Any unexpended or unencumbered balances remaining in the fund at the end of a fiscal year shall not revert to the general fund."
SECTION 4. That version of Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended) that is to become effective July 1, 2024 is amended to read:
"35-6-1. MAGISTRATE COSTS--SCHEDULE.--
A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in [Subsection A of] Section 35-6-3 NMSA 1978, in a county with a metropolitan court. . . . $72.00; and
in any other county. . . . . . . . . . .35.00; [and]
jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made. . . . . . . . . . . . . 25.00; and
copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process. . . . . . . . . . . . . .0.50.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund [and
copying fee, for computer-generated or electronically transferred copies, per page 1.00.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court automation fund].
Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.
B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.
C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.
D. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund."
SECTION 5. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the court emergency property reserve fund for expenditure in fiscal year 2025 and subsequent fiscal years for purposes of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
SECTION 6. REPEAL.--Sections 6-21-6.13 and 34-9-16 NMSA 1978 (being Laws 2008, Chapter 91, Section 2 and Laws 1998 (1st S.S.), Chapter 6, Section 9, as amended) are repealed.
SECTION 7. EFFECTIVE DATE.--
A. The effective date of the provisions of Sections 2, 4 and 5 of this act is July 1, 2024.
B. The effective date of the provisions of Sections 1, 3 and 6 of this act is July 1, 2025.
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