46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO METROPOLITAN COURTS; PROVIDING THAT CERTAIN AMOUNTS RECEIVED BY THE COURTS FROM CERTAIN FINES SHALL BE TRANSFERRED TO THE MUNICIPALITY TO REIMBURSE THE MUNICIPALITY FOR COSTS.

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

Section 1. Section 34-8A-3 NMSA 1978 (being Laws 1979, Chapter 346, Section 3, as amended) is amended to read:

"34-8A-3. METROPOLITAN COURT--JURISDICTION.--

A. In addition to the jurisdiction provided by law for magistrate courts, a metropolitan court shall have jurisdiction within the county boundaries over all:

(1) offenses and complaints pursuant to ordinances of the county and of a municipality located within the county in which the court is located except municipalities with a population of more than two thousand five hundred but less than five thousand persons in the 1980 federal decennial census; provided that the metropolitan court shall not have jurisdiction over uncontested municipal parking violations;

(2) civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs; and

(3) contested violations of parking or operation of vehicle rules promulgated by a board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico located within the county in which the court is located.

B. For the purposes of this section, "uncontested violation" is a violation for which a citation has been issued and the person has paid the citation by mail or in person to the appropriate issuing authority; and "contested violation" is a violation for which a citation has been issued and the person has indicated his intent to contest the citation or the person has not paid or answered the citation.

C. The issuing authority shall provide to the metropolitan court on a mutually agreed schedule the unpaid citations and a listing in a manner mutually agreed upon of unpaid citations.

D. The municipality shall retain as reimbursement for its expenses all revenues from uncontested municipal parking violations.

E. The amount of any fine received by a metropolitan court for a violation of a municipal traffic ordinance in excess of the penalty assessment specified in the Motor Vehicle Code shall be transferred to the municipality to reimburse the municipality for costs incurred in enforcement."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.