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SPONSOR: |
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DATE TYPED: |
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HB |
228 |
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SHORT TITLE: |
Increase Local Government Correction Fee |
SB |
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ANALYST: |
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REVENUE
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Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
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$1,321.0 |
1,442.0 |
Recurring |
Local
Government Corrections Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
LFC Files
Responses
Received From
Department
of Finance and Administration
Administrative
Office of the Courts
Taxation
and Revenue Department
SUMMARY
Synopsis of Bill
House Bill
228 increases the amount of Local Government Corrections Fees and amends sections
of NMSA 1978. The fees pertain to any county without a metropolitan court, to
be collected upon conviction from persons convicted of violating any provision
of the Motor Vehicle Code regarding 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. The applicable fee is
increased from $10 to $20.
The bill
also proposes that every municipality shall enact an ordinance requiring assessment of corrections
fees, judicial education fees and court automation fees to be collected as
court costs and used as provided in this section. This legislation defines
"convicted" to mean the defendant has been found guilty of a criminal
charge by a municipal judge, either after trial, a plea of guilty or a plea of
no contest. The applicable corrections
fee is increased from $10 to $20.
This
legislation also amends the penalty assessment for misdemeanors in counties without a metropolitan court. This fee increases from $10 to $20 in order to
help defray the costs of local government corrections. The effective date for this proposed fee and
the creation of the fund is
FISCAL IMPACT
The
Motor Vehicle Division (“MVD”) of the Taxation and Revenue Department is
responsible for collecting only one of the three fees being increased in the
bill. This fee is projected to create
revenue of $1,442,000 in FY 2004.
This bill creates a
new fund and provides for continuing appropriations. The LFC objects to including continuing
appropriation language in the statutory provisions for newly created
funds. Earmarking reduces the ability of
the legislature to establish spending priorities.
OTHER SUBSTANTIVE ISSUES
This legislation adds “alternatives to incarceration” to the list of authorized uses of this fund. It is recommended that this language be clarified unless clarified or defined elsewhere in statute. Without clarification, this provision could enable various unintended providers to apply to receive these funds. This may be detrimental to existing jail and detention center budgets and/or contracts.
Clarification and parity regarding
actual applicability to counties with a metropolitan court may be necessary. According
to the Administrative Offices of the Courts, the Chief Judges Council may
oppose new fees or increases fees that do not support direct court operation.
In addition, conflicts between this proposal and current municipal law may
exist. As an example, citizens ticketed
in