0001| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR
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0002| HOUSE BILL 965
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0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|
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0005|
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO FINANCING METROPOLITAN COURT FACILITIES;
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0013| AUTHORIZING THE ISSUANCE OF NEW MEXICO FINANCE AUTHORITY
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0014| REVENUE BONDS FOR A NEW COURT BUILDING FOR THE BERNALILLO
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0015| COUNTY METROPOLITAN COURT; IMPOSING FEES; CREATING A FUND;
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0016| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN
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0017| APPROPRIATION.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 34-2-5 NMSA 1978 (being Laws 1933,
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0021| Chapter 81, Section 1, as amended) is amended to read:
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0022| "34-2-5. FEES--COLLECTION BY SUPREME COURT CLERK.--
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0023| A. The clerk of the supreme court shall collect the
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0024| following fees:
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0025| [A.] (1) in all cases docketed in the court,
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0001| except those in which statutory exemption exists and those in
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0002| which the court on showing of poverty may, by order, waive the
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0003| fee, one hundred twenty-five dollars ($125), twenty-five
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0004| dollars ($25.00) of which shall be deposited in the court
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0005| automation fund; provided that in cases in which a skeleton
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0006| transcript may be filed for the purpose of a motion to docket
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0007| and affirm, the fee shall be twenty dollars ($20.00), ten
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0008| dollars ($10.00) of which shall be deposited in the court
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0009| automation fund;
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0010| [B.] (2) for one copy of files or a record,
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0011| ten cents ($.10) per folio and for additional copies ordered at
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0012| the same time five cents ($.05) per folio;
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0013| [C.] (3) for comparing copies of files or
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0014| records tendered to him, five cents ($.05) per folio; and
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0015| [D.] (4) for each certificate, one dollar
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0016| ($1.00).
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0017| B. Except as otherwise specifically provided by
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0018| law, the clerk of the supreme court shall pay all fees and
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0019| costs to the state treasurer for credit to the court facilities
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0020| fund."
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0021| Section 2. Section 34-5-6 NMSA 1978 (being Laws 1966,
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0022| Chapter 28, Section 6, as amended) is amended to read:
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0023| "34-5-6. COURT OF APPEALS--FEES AND COSTS.--
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0024| A. The clerk of the court of appeals shall collect
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0025| the following fees:
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0001| docket fee, twenty-five dollars ($25.00) of
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0002| which shall be deposited in the court
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0003| automation fund. . . . . . . . . . . . . . . . . . .$125.00
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0004| docket fee for cases in which a skeleton
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0005| transcript is filed for purpose of a
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0006| motion to docket and affirm, ten
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0007| dollars ($10.00) of which shall be
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0008| deposited in the court automation fund . . . . . . . 20.00
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0009| single copy of records, per typewritten folio. . . . . . .10
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0010| each additional copy of records ordered at
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0011| same time, per typewritten folio . . . . . . . . . . .05
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0012| copies of records reproduced by photographic
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0013| process, per page. . . . . . . . . . . . . . . . . . .10
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0014| comparing copies of records tendered to him,
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0015| per folio. . . . . . . . . . . . . . . . . . . . . . .05
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0016| each certificate . . . . . . . . . . . . . . . . . . . . 1.00.
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0017| B. No fees or costs shall be required in proceedings in
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0018| forma pauperis, from state officers acting in their official
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0019| capacity or in any other case where a statutory exemption exists.
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0020| C. Except as otherwise specifically provided by law, the
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0021| clerk of the court of appeals shall pay all fees and costs to the
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0022| state treasurer for credit to the [state general fund] court
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0023| facilities fund."
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0024| Section 3. Section 35-6-1 NMSA 1978 (being Laws 1968,
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0025| Chapter 62, Section 92, as amended) is amended to read:
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0001| "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
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0002| "CONVICTED".--
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0003| A. Magistrate judges, including metropolitan court
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0004| judges, shall assess and collect and shall not waive, defer or
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0005| suspend the following costs:
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0006| Docket fee, criminal actions under Section 29-5-1 NMSA
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0007| 1978 . . . . . . . . . . . . . . . . . . . . . . $ 1.00
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0008| Docket fee, to be collected prior to docketing any other
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0009| criminal action, except as provided in Subsection B of
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0010| Section 35-6-3 NMSA 1978 . . . . . . . . . . . . . . 20.00
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0011| Docket fee, ten dollars ($10.00) of which shall be
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0012| deposited in the court automation fund, to be collected
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0013| prior to docketing any civil action, except as provided
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0014| in Subsection A of Section 35-6-3 NMSA 1978. . . . . 47.00
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0015| Jury fee, to be collected from the party demanding trial
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0016| by jury in any civil action at the time the demand is
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0017| filed or made. . . . . . . . . . . . . . . . . . . . 25.00
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0018| Copying fee, for making and certifying copies of any
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0019| records in the court, for each page copied by
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0020| photographic process . . . . . . . . . . . . . . . . . .50.
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0021| Proceeds from this copying fee shall be transferred to
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0022| the administrative office of the courts for deposit in
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0023| the court facilities fund.
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0024| Copying fee, for computer-generated or electronically
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0025| transferred copies, per page . . . . . . . . . . . 1.00.
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0001| Proceeds from this copying fee shall be transferred to
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0002| the administrative office of the courts for deposit in
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0003| the court automation fund. Except as otherwise
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0004| specifically provided by law, docket fees shall be paid
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0005| into the [general fund] court facilities fund.
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0006| B. Except as otherwise provided by law, no other costs
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0007| or fees shall be charged or collected in the magistrate or
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0008| metropolitan court.
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0009| C. The magistrate or metropolitan court may grant free
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0010| process to any party in any civil proceeding or special statutory
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0011| proceeding upon a proper showing of indigency. The magistrate or
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0012| metropolitan court may deny free process if it finds that the
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0013| complaint on its face does not state a cause of action.
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0014| D. As used in this subsection, "convicted" means the
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0015| defendant has been found guilty of a criminal charge by the
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0016| magistrate or metropolitan judge, either after trial, a plea of
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0017| guilty or a plea of nolo contendere. Magistrate judges, including
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0018| metropolitan court judges, shall assess and collect and shall not
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0019| waive, defer or suspend the following costs:
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0020| (1) corrections fee, to be collected upon
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0021| conviction from persons convicted of violating any provision of
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0022| the Motor Vehicle Code involving the operation of a motor vehicle,
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0023| convicted of a crime constituting a misdemeanor or a petty
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0024| misdemeanor or convicted of violating any ordinance that may be
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0025| enforced by the imposition of a term of imprisonment $10.00;
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0001| (2) court automation fee, to be collected upon
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0002| conviction from persons convicted of violating any provision of
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0003| the Motor Vehicle Code involving the operation of a motor vehicle,
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0004| convicted of a crime constituting a misdemeanor or a petty
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0005| misdemeanor or convicted of violating any ordinance that may be
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0006| enforced by the imposition of a term of imprisonment . 10.00;
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0007| (3) court facilities 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, convicted of a crime constituting a misdemeanor or a
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0011| petty misdemeanor or convicted of violating any ordinance that
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0012| may be enforced by the imposition of a term of imprisonment . .
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0013| . . 5.00;
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0014| [(3)] (4) traffic safety fee, to be collected upon
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0015| conviction from persons convicted of violating any provision of
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0016| the Motor Vehicle Code involving the operation of a motor
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0017| vehicle. . . . . . . . . . . . . . . . . . . . . . . .3.00;
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0018| and
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0019| [(4)] (5) judicial education fee, to be collected
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0020| upon conviction from persons convicted of operating a motor
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0021| vehicle in violation of the Motor Vehicle Code, convicted of a
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0022| crime constituting a misdemeanor or a petty misdemeanor or
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0023| convicted of violating any ordinance punishable by a term of
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0024| imprisonment . . . . . . . . . . . . . . . . . . . . 1.00.
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0025| E. Metropolitan court judges shall assess and collect
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0001| as costs and shall not waive, defer or suspend a mediation fee
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0002| not to exceed five dollars ($5.00) for the docketing of small
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0003| claims and criminal actions specified by metropolitan court
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0004| rule. Proceeds of the mediation fee shall be deposited into the
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0005| metropolitan court mediation fund.
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0006| F. Metropolitan court judges shall assess and collect
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0007| and shall not waive, defer or suspend a court facilities fee of
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0008| two dollars ($2.00) to be collected upon conviction from persons
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0009| convicted of violating parking or operation of vehicle
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0010| regulations under Section 34-8A-3 NMSA 1978. Proceeds of the
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0011| court facilities fee shall be deposited into the court
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0012| facilities fund."
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0013| Section 4. Section 66-8-116.3 NMSA 1978 (being Laws 1989,
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0014| Chapter 320, Section 5, as amended) is amended to read:
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0015| "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL
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0016| FEES.--In addition to the penalty assessment established for
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0017| each penalty assessment misdemeanor, there shall be assessed:
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0018| A. ten dollars ($10.00) to help defray the costs of
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0019| local government corrections;
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0020| B. a court automation fee of ten dollars ($10.00);
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0021| C. a traffic safety fee of three dollars ($3.00),
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0022| which shall be credited to the traffic safety education and
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0023| enforcement fund; [and]
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0024| D. a judicial education fee of one dollar ($1.00),
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0025| which shall be credited to the judicial education fund; and
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0001| E. a court facilities fee of five dollars ($5.00)."
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0002| Section 5. [NEW MATERIAL] COURT FACILITIES FUND CREATED
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0003| ADMINISTRATION--DISTRIBUTION.--
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0004| A. There is created in the state treasury the "court
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0005| facilities fund" to be administered by the administrative office
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0006| of the courts and for deposit of all court facilities fees
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0007| collected by courts in the state.
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0008| B. The New Mexico finance authority may pledge
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0009| irrevocably all distributions to the authority from the court
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0010| facilities fund for the payment of the principal, interest and
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0011| any other expenses or obligations related to the bonds issued by
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0012| the authority for financing the acquisition of real property for
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0013| and the design, construction and equipping of a new court
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0014| building for the Bernalillo county metropolitan court in
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0015| Albuquerque. Any balance remaining in the court facilities fund
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0016| after all principal, interest and any other expenses or
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0017| obligations related to the bonds in each fiscal year are fully
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0018| paid shall be transferred to the general fund.
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0019| C. Distributions from the court facilities fund to the
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0020| New Mexico finance authority shall be made upon vouchers issued
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0021| and signed by the director of the administrative office of the
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0022| courts upon warrants drawn by the secretary of finance and
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0023| administration.
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0024| Section 6. [NEW MATERIAL] USE OF BERNALILLO COUNTY
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0025| METROPOLITAN COURT FACILITIES.--The administrative office of the
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0001| courts, as holder of record title to the existing Bernalillo
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0002| county metropolitan court building located on the northwest
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0003| corner of Fourth street and Roma avenue northwest in
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0004| Albuquerque, shall administer and manage the building in
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0005| accordance with the following provisions:
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0006| A. after completion of a new Bernalillo county
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0007| metropolitan court facility with proceeds of bonds issued by the
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0008| New Mexico finance authority, the entire operations, judges,
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0009| staff and personnel associated with the Bernalillo county
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0010| metropolitan court shall be relocated to the new facility and
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0011| the existing facility shall be vacated;
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0012| B. the administrative office of the courts shall then
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0013| make the vacated facility ready and available for lease or rent
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0014| to public or private tenants;
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0015| C. rents charged by the administrative office of the
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0016| courts to any public or private tenant for use of the facility
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0017| shall be at rates comparable to rents charged in the downtown
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0018| Albuquerque area for commercial office space;
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0019| D. after payment of any costs of operating and
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0020| maintaining a commercial office facility typically paid by a
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0021| commercial landlord, all lease and rental revenues collected by
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0022| the administrative office of the courts for the facility shall
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0023| be deposited in the court facilities fund;
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0024| E. the administrative office of the courts shall
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0025| provide a certified tenant list and rent schedule for the
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0001| facility to the New Mexico finance authority at the end of each
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0002| fiscal year;
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0003| F. with the prior written consent of the New Mexico
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0004| finance authority, the administrative office of the courts may
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0005| mortgage or encumber the facility or sell or otherwise dispose
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0006| of the facility; provided that no sale or disposition of the
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0007| facility shall be for less than the fair market value of the
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0008| facility as determined by an independent real estate appraiser;
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0009| and
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0010| G. any money received from the sale or other
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0011| disposition of the facility shall be deposited in the court
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0012| facilities fund and used for the early redemption of any
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0013| outstanding bonds issued by the New Mexico finance authority for
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0014| financing a new court building for the Bernalillo county
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0015| metropolitan court in Albuquerque.
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0016| Section 7. NEW MEXICO FINANCE AUTHORITY REVENUE BONDS--
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0017| PURPOSE--APPROPRIATION.--
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0018| A. If the five dollar ($5.00) court facilities fee
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0019| provided in Section 3 of this act is imposed by law and all
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0020| distributions to the court facilities fund provided in this act
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0021| become law, the New Mexico finance authority may issue and sell
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0022| revenue bonds in compliance with the New Mexico Finance
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0023| Authority Act in installments or at one time in an amount not
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0024| exceeding thirty-one million five hundred thousand dollars
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0025| ($31,500,000) for the purpose of financing the acquisition of
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0001| real property for and the design, construction and equipping of
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0002| a new court building for the Bernalillo county metropolitan
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0003| court in Albuquerque.
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0004| B. The New Mexico finance authority may issue and sell
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0005| revenue bonds authorized by this section when the chief judge of
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0006| the Bernalillo county metropolitan court and the administrator
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0007| of the Bernalillo county metropolitan court certify the need for
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0008| issuance of the bonds. The net proceeds from the sale of the
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0009| bonds are appropriated to the Bernalillo county metropolitan
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0010| court for the purpose described in Subsection A of this section.
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0011| C. The money in the court facilities fund shall be
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0012| distributed to the New Mexico finance authority to be pledged
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0013| irrevocably for the payment of the principal, interest and other
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0014| expenses or obligations related to the bonds.
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0015| D. The money in the court facilities fund shall be
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0016| distributed monthly to the New Mexico finance authority and
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0017| deposited in a special bond fund or account of the authority.
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0018| At the end of each fiscal year, any money remaining in the
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0019| special bond fund or account from distributions made to the
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0020| authority during that fiscal year, after all principal, interest
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0021| and any other expenses or obligations related to the bonds in
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0022| that fiscal year are fully paid, shall be transferred to the
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0023| general fund. Upon payment of all principal, interest and any
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0024| other expenses or obligations related to the bonds, the
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0025| authority shall certify to the administrative office of the
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0001| courts that all obligations for the bonds issued pursuant to
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0002| this section have been fully discharged and direct the
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0003| administrative office of the courts and the state treasurer to
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0004| cease distributing money from the court facilities fund to the
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0005| authority.
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0006| E. Any law imposing court facilities fees, authorizing
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0007| the collection of court facilities fees or directing deposits
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0008| into the court facilities fund or distribution of the money in
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0009| the court facilities fund to the New Mexico finance authority
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0010| shall not be amended, repealed or otherwise directly or
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0011| indirectly modified so as to impair any outstanding revenue
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0012| bonds that may be secured by a pledge of the distributions from
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0013| the court facilities fund to the New Mexico finance authority,
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0014| unless the revenue bonds have been discharged in full or
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0015| provisions have been made for a full discharge.
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0016| F. The New Mexico finance authority may additionally
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0017| secure the revenue bonds issued pursuant to this section by a
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0018| pledge of money in the public project revolving fund with a lien
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0019| priority on the money in the public project revolving fund as
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0020| determined by the authority.
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0021| G. The bonds authorized by this section may not be
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0022| issued until the county of Bernalillo has donated to the
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0023| Bernalillo county metropolitan court adequate land for a
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0024| building site for the new Bernalillo county metropolitan court
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0025| building in Albuquerque in the two-block area bounded by Lomas
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0001| boulevard, Fourth street, Sixth street and Fruit avenue
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0002| northwest in Albuquerque.
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0003| Section 8. EFFECTIVE DATE.--The effective date of the
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0004| provisions of this act is July 1, 1997.
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0005|
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0006|
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