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

SPONSOR Leavell

ORIGINAL DATE

LAST UPDATED

1/18/2007

HB

SHORT TITLE Collection of Fees by Certain Magistrates

SB 64

ANALYST Schuss

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 64 amends Section 35-3-6 NMSA 1978 (1999) to remove the provision prohibiting a

magistrate action in another magistrate district pursuant to designation by the appropriate district

judge from collecting fees or costs. The change is consistent with language in later statutes that

certain fees and costs shall not be waived, deferred or suspended.

The language of the section is also changed from masculine pronouns to gender-neutral

language.

SIGNIFICANT ISSUES

The later statute controls, in accordance with Section 12-2A-10.A (1997). The change merely

cleans up the statutes to make them consistent and eliminates a possible source of confusion.

BS/mt