0001| AN ACT
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0002| RELATING TO LAW ENFORCEMENT; PROVIDING COMPENSATION FOR ENFORCEMENT OF
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0003| STATE LAWS ON TRIBAL LANDS; DECLARING AN EMERGENCY.
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0004|
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006| Section 1. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62,
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0007| Section 92, as amended) is amended to read:
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0008| "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
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0009| "CONVICTED".--
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0010| A. Each magistrate, including metropolitan court judges,
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0011| shall collect the following costs:
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0012| (1) Docket fee, criminal actions under Section 29-5-1
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0013| NMSA 1978...............................$ 1.00;
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0014| (2) Docket fee, to be collected prior to docketing any
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0015| other criminal action, except as provided in Subsection B of Section 35-6-3 NMSA 1978 ...............20.00;
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0016| (3) Docket fee, to be collected prior to docketing any
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0017| civil action, except as provided in Subsection A of Section 35-6-3 NMSA
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0018| 1978.............................37.00;
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0019| (4) Jury fee, to be collected from the party demanding
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0020| trial by jury in any civil action at the time the demand is filed or
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0021| made.................................25.00;
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0022| (5) Copying fee, for making and certifying copies of
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0023| any records in the court, for each page copied by
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0024| photographic process ......................................50; and
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0025| (6) Copying fee, for computer-generated or
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0001| electronically transferred copies, per page ............ 1.00.
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0002| Proceeds from this copying fee shall be transferred to the
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0003| administrative office of the courts for deposit in the court
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0004| automation fund. Except as otherwise specifically provided
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0005| by law, docket fees shall be paid into the general fund.
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0006| B. Except as otherwise provided by law, no other
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0007| costs or fees shall be charged or collected in the magistrate
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0008| or metropolitan court.
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0009| C. The magistrate or metropolitan court may grant
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0010| free process to any party in any civil proceeding or special
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0011| statutory proceeding upon a proper showing of indigency. The
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0012| magistrate or metropolitan court may deny free process if it
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0013| finds that the complaint on its face does not state a cause of
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0014| action.
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0015| D. As used in this subsection, "convicted" means
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0016| the defendant has been found guilty of a criminal charge by the
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0017| magistrate or metropolitan judge either after trial, a plea of
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0018| guilty or a plea of nolo contendere. Each magistrate,
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0019| including metropolitan court judges, shall collect the
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0020| following costs:
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0021| (1) corrections fee, to be collected upon
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0022| conviction from persons convicted of violating any provision of
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0023| the Motor Vehicle Code involving the operation of a motor
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0024| vehicle, convicted of a crime constituting a misdemeanor or a
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0025| petty misdemeanor or convicted of violating any ordinance that
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0001| may be enforced by the imposition of a term of
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0002| imprisonment........................................... $10.00;
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0003| (2) court automation fee, to be collected
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0004| upon conviction from persons convicted of violating any
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0005| provision of the Motor Vehicle Code involving the operation of
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0006| a motor vehicle ......................................... 3.00;
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0007| (3) traffic safety fee, to be collected upon
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0008| conviction from persons convicted of violating any provision of
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0009| the Motor Vehicle Code involving the operation of a motor
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0010| vehicle ................................................. 3.00;
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0011| (4) judicial education fee, to be collected
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0012| upon conviction from persons convicted of operating a motor
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0013| vehicle in violation of the Motor Vehicle Code, convicted of a
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0014| crime constituting a misdemeanor or a petty misdemeanor or
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0015| convicted of violating any ordinance punishable by a term of
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0016| imprisonment............................................. 1.00;
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0017| and
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0018| (5) intergovernmental enforcement fee, to be
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0019| collected upon conviction from persons convicted of operating a
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0020| motor vehicle in violation of the Motor Vehicle Code, convicted
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0021| of a crime constituting a misdemeanor or a petty misdemeanor or
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0022| convicted of violating any ordinance punishable by a term of
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0023| imprisonment............................................. 2.00.
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0024| E. Metropolitan court judges shall collect as costs
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0025| a mediation fee not to exceed five dollars ($5.00) for the
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0001| docketing of small claims and criminal actions specified by
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0002| metropolitan court rule. Proceeds of the mediation fee shall
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0003| be deposited into the metropolitan court mediation fund."
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0004| Section 2. Section 35-7-4 NMSA 1978 (being Laws 1968,
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0005| Chapter 62, Section 99, as amended) is amended to read:
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0006| "35-7-4. MAGISTRATE ADMINISTRATION--MONTHLY REMITTANCES.
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0007| --Each magistrate court shall pay to the administrative office
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0008| of the courts, not later than the date each month established
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0009| by regulation of the director of the administrative office, the
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0010| amount of all fines, forfeitures and costs collected by him
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0011| during the previous month, except for amounts disbursed in
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0012| accordance with law. The administrative office shall return to
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0013| each magistrate a written receipt itemizing all money received.
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0014| The administrative office shall deposit the amount of all fines
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0015| and forfeitures with the state treasurer for credit to the
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0016| current school fund. The administrative office shall deposit
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0017| the amount of all costs, except all costs collected pursuant to
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0018| Subsections D and E of Section 35-6-1 NMSA 1978, for credit to
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0019| the general fund. The amount of all costs collected pursuant
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0020| to Subsections D and E of Section 35-6-1 NMSA 1978 shall be
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0021| credited as follows:
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0022| A. the amount of all costs collected pursuant to
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0023| Paragraph (1) of Subsection D of Section 35-6-1 NMSA 1978 for
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0024| credit to the local government corrections fund;
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0025| B. the amount of all costs collected pursuant to
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0001| Paragraph (2) of Subsection D of Section 35-6-1 NMSA 1978 for
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0002| credit to the court automation fund;
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0003| C. the amount of all costs collected pursuant to
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0004| Paragraph (3) of Subsection D of Section 35-6-1 NMSA 1978 for
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0005| credit to the traffic safety education and enforcement fund;
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0006| D. the amount of all costs collected pursuant to
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0007| Paragraph (4) of Subsection D of Section 35-6-1 NMSA 1978 for
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0008| credit to the judicial education fund;
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0009| E. the amount of all costs collected pursuant to
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0010| Paragraph (5) of Subsection D of Section 35-6-1 NMSA 1978 for
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0011| credit to the intergovernmental law enforcement fund; and
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0012| F. the amount of all costs collected pursuant to
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0013| Subsection E of Section 35-6-1 NMSA 1978 for credit to the
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0014| metropolitan court mediation fund."
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0015| Section 3. Section 66-8-116.3 NMSA 1978 (being Laws
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0016| 1989, Chapter 320, Section 5, as amended) is amended to read:
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0017| "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL
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0018| FEES.--In addition to the penalty assessment established for
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0019| each penalty assessment misdemeanor, there shall be assessed:
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0020| A. ten dollars ($10.00) to help defray the costs of
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0021| local government corrections;
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0022| B. a court automation fee of three dollars ($3.00);
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0023| C. a traffic safety fee of three dollars ($3.00),
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0024| which shall be credited to the traffic safety education and
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0025| enforcement fund;
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0001| D. a judicial education fee of one dollar ($1.00),
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0002| which shall be credited to the judicial education fund; and
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0003| E. an intergovernmental enforcement fee of two
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0004| dollars ($2.00) to defray the costs of enforcement of state law
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0005| as it pertains to non-Indians in Indian country by police
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0006| departments of Indian nations, tribes and pueblos."
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0007| Section 4. INTERGOVERNMENTAL LAW ENFORCEMENT FUND--CREATED--ADMINISTRATION--DISTRIBUTION.--
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0008| A. There is created in the state treasury the
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0009| "intergovernmental law enforcement fund" to be administered by
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0010| the local government division of the department of finance and
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0011| administration.
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0012| B. All balances in the fund are appropriated to the
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0013| local government division of the department of finance and
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0014| administration for payment to the police departments of tribal
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0015| governments located in the state to defray the costs of those
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0016| police departments enforcing state law as it pertains to
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0017| persons in Indian country.
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0018| C. Beginning July 1, 1996, and for each quarter
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0019| thereafter, the police department of a tribal government shall
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0020| maintain records documenting the officer-hours expended in
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0021| state court appearances on behalf of the state, investigating
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0022| violations of state law committed by non-Indians or cooperating
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0023| with state police or local government peace officers at the
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0024| request of the non-Indian law enforcement department. This
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0025| documentation shall be submitted to the local government
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0001| division of the department of finance and administration within
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0002| fifteen days following the last day of the quarter from which
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0003| the data for the record was compiled. The tribal police chief
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0004| shall certify that the documented officer-hours submitted are
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0005| true and accurate. Disbursements shall be made by the division
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0006| by the last day of the month following the end of each quarter.
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0007| D. To determine the distribution schedule from the
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0008| fund for any quarter the local government division of the
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0009| department of finance and administration shall:
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0010| (1) calculate the percentage of the total
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0011| amount of money in the fund that a police department of a
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0012| tribal government should receive in any quarter by dividing the
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0013| total number of officer-hours submitted in that quarter by a
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0014| tribal government by the total number of officer-hours
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0015| submitted by all the tribal governments for that quarter; and
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0016| (2) determine the disbursement to be made
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0017| from the fund to any one tribal government by multiplying the
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0018| amount of money in the fund on the last day of the quarter by
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0019| the percentage determined in Paragraph (1) of this subsection
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0020| for each tribal government.
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0021| E. Payments from the fund shall be made upon
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0022| vouchers issued and signed by the secretary of finance and
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0023| administration.
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0024| F. As used in this section:
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0025| (1) "fund" means the intergovernmental law
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0001| enforcement fund; and
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0002| (2) "tribal government" means an Indian
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0003| nation, tribe or pueblo located in New Mexico.
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0004| Section 5. EMERGENCY.--It is necessary for the public
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0005| peace, health and safety that this act take effect immediately.
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0006|
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0007|
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0008| HB 737
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0009| Page
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