SENATE BILL 539

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Leonard Lee Rawson

AN ACT

RELATING TO COUNTIES; CLARIFYING WHAT ARE THE ADEQUATE FACILITIES, NECESSARY MAINTENANCE SERVICE AND NECESSARY UTILITIES THAT COUNTIES MUST PROVIDE TO DISTRICT COURTS AND DISTRICT ATTORNEYS.

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

     Section 1. Section 34-6-24 NMSA 1978 (being Laws 1968, Chapter 69, Section 25, as amended) is amended to read:

     "34-6-24. OPERATION--LOCATION OF COURT--FACILITIES.--

          A. In [each] a county, the district court shall be held at the county seat. Each board of county commissioners shall provide adequate quarters for the operation of the district court, including juvenile probation services, and provide necessary utilities and necessary maintenance service for the operation and upkeep of district court facilities. From the funds of each judicial district, furniture, equipment, books and supplies shall be provided for the operation of each district court within the judicial district.

          B. As used in this section:

                (1) "adequate quarters" includes permanent fixtures but does not include moveable personal property;

                (2) "necessary maintenance service" applies only to the quarters and utilities provided by the board of county commissioners; and

                (3) "necessary utilities" does not include equipment or service other than the equipment or service that the board of county commissioners provides to or in any other county facility.

          C. The board of county commissioners shall allow the district court, at the court's expense, to provide, install and maintain moveable personal property, utilities and utility service, including intranet and internet wire and wireless computer access, as the court deems appropriate, consistent with the safe operation of the quarters that the board provides to the court."

     Section 2. Section 36-1-8.1 NMSA 1978 (being Laws 1980, Chapter 4, Section 2) is amended to read:

     "36-1-8.1. DISTRICT ATTORNEY FACILITIES--MAINTENANCE AND UPKEEP.--[Each]

          A. A board of county commissioners shall provide adequate quarters for the operation of the district attorney and provide necessary utilities and necessary maintenance service for the operation and upkeep of district attorney facilities.

          B. As used in this section:

                (1) "adequate quarters" includes permanent fixtures but does not include moveable personal property;

                (2) "necessary maintenance service" applies only to the quarters and utilities provided by the board of county commissioners; and

                (3) "necessary utilities" does not include equipment or service other than the equipment or service that the board of county commissioners provides to or in any other county facility.

          C. The board of county commissioners shall allow the district attorney, at the district attorney's expense, to provide, install and maintain moveable personal property, utilities and utility service, including intranet and internet wire and wireless computer access, as the district attorney deems appropriate, consistent with the safe operation of the quarters that the board provides to the district attorney."

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