44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO COURT AUTOMATION; CLARIFYING PROVISIONS OF LAW REGARDING COURT AUTOMATION BONDS AND DISTRIBUTION OF MONEY FROM THE COURT AUTOMATION FUND; AMENDING LAWS 1996, CHAPTER 41, SECTION 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Laws 1996, Chapter 41, Section 9 is amended to read:

"Section 9. NEW MEXICO FINANCE AUTHORITY REVENUE BONDS--PURPOSE--APPROPRIATION.--

A. The New Mexico finance authority may issue and sell revenue bonds in compliance with the New Mexico Finance Authority Act in installments or at one time, prior to July 1, 1999, in an amount not exceeding eight million five hundred thousand dollars ($8,500,000) and, after July 1, 1999, in an additional amount not exceeding three million five hundred thousand dollars ($3,500,000), for the purpose of financing court automation systems, including acquisition, development and installation of computer hardware and software, for the administrative office of the courts.

B. The New Mexico finance authority may issue and sell revenue bonds authorized by this section when the director of the administrative office of the courts certifies the need for issuance of the bonds. The net proceeds from the sale of the bonds are appropriated to the administrative office of the courts for the purposes described in Subsection A of this section.

C. Except for money appropriated by the legislature from the court automation fund to the administrative office of the courts in fiscal year 1997, the money in the court automation fund shall be distributed to the New Mexico finance authority to be pledged irrevocably for the payment of the principal, interest and other expenses or obligations related to the bonds.

D. The money in the court automation fund shall be distributed monthly to the New Mexico finance authority and deposited in a special bond fund or account of the authority. [At the end of each fiscal year] Any money [remaining] in the special bond fund or account from distributions made to the authority during [that] any fiscal year, [after all] if not needed to pay principal, interest and any other expenses or obligations related to the bonds in that fiscal year [are fully paid], may be appropriated by the legislature to the administrative office of the courts for service contracts related to court automation systems or for the purchase, lease-purchase, financing, refinancing and maintenance of court automation systems in the judiciary. Upon payment of all principal, interest and any other expenses or obligations related to the bonds, the authority shall certify to the administrative office of the courts that all obligations for the bonds issued pursuant to this section have been fully discharged and direct the administrative office of the courts to cease distributing money from the court automation fund to the authority.

E. Any law authorizing the collection of fees for the court automation fund or distribution of the money in the court automation fund to the New Mexico finance authority shall not be amended, repealed or otherwise directly or indirectly modified so as to impair any outstanding revenue bonds that may be secured by a pledge of the distributions of the court automation fund, unless the revenue bonds have been discharged in full or provisions have been made for a full discharge."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.