FORTY-THIRD LEGISLATURE HB 88/a FIRST SESSION, 1997 March 17, 1997 Mr. President: Your JUDICIARY COMMITTEE, to whom has been referred HOUSE BILL 88, as amended has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. Strike House Appropriations and Finance Committee Amendments 1 and 2. 2. On page 1, line 16, after "FEE;" insert "CREATING THE BRAIN INJURY SERVICES FUND; IMPOSING A FEE;". 3. On page 1, line 16, after "AMENDING" insert "AND ENACTING". 4. On page 4, between lines 19 and 20, insert the following new section: Section 3. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended) is amended to read: "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF "CONVICTED".-- A. Magistrate judges, including metropolitan court judges, shall collect the following costs: Docket fee, criminal actions under Section 29-5-1 NMSA 1978. . . . . . . . . . . . . . . . . . . . . . . . $ 1.00 Docket fee, to be collected prior to docketing any other criminal action, except as provided in Subsection B of Section 35-6-3 NMSA 1978 . . . . . . . . . . . . . . . 20.00 Docket fee, ten dollars ($10.00) of which shall be deposited in the court automation fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978 . . . . . . . 47.00 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 Copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process. . . . . . . . . . . . . . . . . . . . . . . . . .50 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 general 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. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere. Magistrate judges, including metropolitan court judges, shall collect the following costs: (1) corrections fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00; (2) court automation fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment 10.00; (3) traffic safety fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . .[3.00] 5.00; [and] (4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of imprisonment . . . . . . . . . . . . . . . . . . . 1.00; and (5) brain injury services fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5.00. E. Metropolitan court judges shall collect 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."". 5. Renumber the succeeding sections accordingly. 6. On page 6, line 23, strike "and". 7. On page 6, line 25, strike the period and closing quotation mark and insert in lieu thereof "; and". 8. On page 6, after line 25, insert: "E. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund."". 9. On page 7, before line 1, insert the following sections: "Section 5. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read: "66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.-- A. The division shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through [D] E of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund. B. The division shall remit all penalty assessment fee receipts collected pursuant to: (1) Subsection A of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund; [the court automation fee collected pursuant to] (2) Subsection B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund; [the traffic safety fee collected pursuant to] (3) Subsection C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund; [and the judicial education fee collected pursuant to] (4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund; and (5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund." "Section 6. [NEW MATERIAL] BRAIN INJURY SERVICES FUND CREATED.-- A. There is created in the state treasury the "brain injury services fund". The fund shall be invested in accordance with the provisions of Section 6-10-10 NMSA 1978, and all income earned on the fund shall be credited to the fund. B. The brain injury services fund shall be used to institute and maintain a statewide brain injury services program designed to increase the independence of persons with traumatic brain injuries. C. The department of health shall adopt all rules, regulations and policies necessary to administer a statewide brain injury services program. The department of health shall coordinate with and seek advice from the brain injury advisory council to ensure that the statewide brain injury services program is appropriate for persons with traumatic brain injuries. D. All money credited to the brain injury services fund shall be appropriated to the department of health for the purpose of carrying out the provisions of this section and shall not revert to the general fund."". 10. Renumber the succeeding section accordingly, and thence referred to the FINANCE COMMITTEE. Respectfully submitted, __________________________________ Fernando R. Macias, Chairman Adopted_______________________ Not Adopted_______________________ (Chief Clerk) (Chief Clerk) Date ________________________ The roll call vote was 6 For 0 Against Yes: 6 No: 0 Excused: Sanchez, Vernon Absent: None H0088JU1 .118411.1ms