Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are 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 Snyder

ORIGINAL DATE

LAST UPDATED

2/2/2007

2/14/2007 HB

SHORT TITLE District Court and Attorney Quarters

SB 491/a SJC/a SFC

ANALYST Schuss

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

Unknown Unknown Unknown Recurring General /

County

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorney (AODA)

Response Not Received From

Association of Counties

SUMMARY

Synopsis of SFC Amendment

The Senate Finance Committee Amendment clarifies that each county will provide “adequate

quarters" for district attorney facilities; and, defines such to include buildings, permanent

fixtures, and any other items reasonably expected to be part of the building.

Synopsis of SJC Amendment

The amendment proposed by the Senate Judiciary Committee removes certain items that were

listed as the counties responsibility.

For the District Courts; parking, other built-in furniture and security personnel have been

removed from the “adequate quarters" section.

For the District Attorney, security personnel has been removed from the “adequate quarters"

section.

Senate Bill 491/a SJC/a SFC – Page

2

Synopsis of Original Bill

Senate Bill 491 clarifies the duty of the counties to provide adequate quarters, maintenance

service and necessary utilities for the district courts and district attorneys.

The State (district courts and district attorneys) pays for:

1. movable personal property, including furniture, equipment, books and supplies; moving

expenses;

2. security equipment including video cameras and equipment, key cards, magnetometers, and x-

ray machines;

3. information technology equipment, systems and service of any type, including basic wire

telephone equipment, systems and service and voice, data and low-voltage infrastructure systems

inside the court quarters in compliance with the telecommunication standard for building and

campus distribution systems promulgated by the general services department or the office of the

New Mexico chief information officer; and

4. special configurations of quarters space to accommodate moveable personal property,

including computer cabling, conduit and plenums and raised floors to accommodate computer

cabling.

The County pays for:

1. building, parking and permanent fixtures including fixed jury and witness chairs, judges’

benches, other built-in furniture and any other items reasonably expected to remain part of the

building;

2. voice, data and low-voltage infrastructure systems outside the court quarters in compliance

with the telecommunication standard for building and campus distribution systems promulgated

by the general services department or the office of the new mexico chief information officer;

3. general security for the building in which the quarters are located, including locks, sprinkler

systems, door and fire alarms, fire extinguishers and security personnel; and

4. window and floor coverings;

5. “maintenance service" applies only to the adequate quarters and necessary utilities provided

by the county; and

6. “necessary utilities" means electricity, lighting, heating, cooling, ventilation, plumbing and

restroom facilities and garbage, refuse and recycling services

FISCAL IMPLICATIONS

The Administrative Office of the Courts states that the financial impact to the state is unknown

because it is based upon how many courthouses will be built or renovated in the future. One

ongoing cost to the county is security personnel. At this time, the counties pay an estimated

$4,000.0 for court security personnel costs.

The Administrative Office of the District Attorney states that this bill will affect the local

county’s budget as well as the District Court and District Attorney’s budget in terms of certain

capital outlay and recurring costs.

Senate Bill 491/a SJC/a SFC – Page

3

SIGNIFICANT ISSUES

According to the Administrative Office of the Courts, there is confusion between the state and

the counties on the respective financial responsibilities of each, although the statute requires the

counties to be responsible for the space of the district courts statewide. Both the counties, the

state and the district courts would benefit from clear definitions or guidelines. This allows the

district courts to submit concrete budgets to the Legislature for funding of utilities and/or

services not covered by the county. The courts can then move forward in obtaining facilities that

are safe and functional for the public and court staff.

TECHNICAL ISSUES

The Administrative Office of the District Attorney notes the following technical issue:

Section 34-6-24 as previously existing and in the current proposed bill states that the

county shall provide facilities for juvenile probation services. At the time the original statute was

enacted juvenile probation services were an entity of the district court. They are now under the

Children, Youth & Families Department. It is unclear whether the county or the CY&FD should

be the appropriate source for the facilities expense.

The bill does not clarify which entity would be responsible for structural upgrades for

handicapped access. However, that issue may be covered by existing state and federal authority.

BS/mt:nt