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