NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Herrera

 

DATE TYPED:

 2/03/03

 

HB

336

 

SHORT TITLE:

Municipal Court Warrant Enforcement Fund

 

SB

 

 

 

ANALYST:

Martinez

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

$0.0

 

NFI

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

 

 

 

 

Indeterminate

 

Recurring

Local Municipal Funds

(Parenthesis ( ) Indicate Revenue Decreases)

 

SOURCES OF INFORMATION

LFC files

 

No Responses Received From

Bernalillo Municipal Court

Administrative Office of the Courts

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 336 creates the municipal court warrant enforcement fund. Upon issuance of a bench warrant, a municipal court may assess a fee of $100.00 against the individual whose arrest is commanded. 

 

The purpose of the fund is to support employing personnel, equipment, and services to enhance collection of fines, fees or costs owed to the court.  Upon discretion of the municipal court clerk, remaining balances of the fund may be used to reimburse law enforcement agencies for expenses associated with the issuance of bench warrants.  

 

Any balances to the fund do not revert to respective municipality general funds.

 

     Significant Issues

 

Estimated revenue and subsequent year impact is difficult to ascertain without actual warrant history from each municipal court.

 

ADMINISTRATIVE IMPLICATIONS

 

Although the intent of this fee is designed to aid in municipal court fee collection, the fee itself may hinder further administrative operation.

 

POSSIBLE QUESTIONS

 

  1. Will the additional court fee cause additional work for each court clerk office?

 

  1. When will the court clerk assess remaining funds for secondary uses of this fund?

 

  1. Should the bill include language that allows for a reversion to the municipal general funds?

 

MM/yr