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

SPONSOR

Taylor

ORIGINAL DATE

LAST UPDATED

2/14/07

HB

SHORT TITLE

Increase Sheriff Service of Process Fees

SB 1035

ANALYST C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

FY09

Indeterminate

Indeterminate Recurring County Funds

(Parenthesis ( ) Indicate Revenue Decreases)

Duplicates HB 1065

SOURCES OF INFORMATION

LFC Files

Responses Received From

Corrections Department (CD)

Administrative Office of the Courts (AOC)

Bernalillo County Metropolitan Court (BCMC)

Senate Bill 1035 – Page

2

SUMMARY

Synopsis of Bill

Senate Bill 1035 amends Section 4-41-16 NMSA 1978 to increase the amount allowed to be

charged by a county sheriff for service of a writ, citation, order, subpoena or summons from $30

to $40.

The effective date of the act is July 1, 2007.

FISCAL IMPLICATIONS

SB 1035 should increase the Sheriff Department’s revenue considerably; this is a 25% increase

to their fees.

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes.

SIGNIFICANT ISSUES

Section 4-41-15 NMSA 1978 provides that “[t]he party at whose application any civil writ,

subpoena or process, except execution, is issued, shall pay in advance, if so demanded by the

sheriff, the fees allowed by law for such services."

DUPLICATION,

HB 1065

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Sheriffs Departments will receive the same amount of revenue as they do now.

CS/nt