SENATE BILL 277

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Peter Wirth

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO COURTS; CREATING THE ELECTRONIC SERVICES FUND; PROVIDING FOR THE ESTABLISHMENT OF ELECTRONIC SERVICES FEES TO DEFRAY THE COST OF PROVIDING ELECTRONIC FILING AND PUBLIC ACCESS TO COURT DOCUMENTS; AUTHORIZING THE ADMINISTRATIVE OFFICE OF THE COURTS TO ENTER INTO AGREEMENTS TO PROVIDE ELECTRONIC FILING AND ACCESS SERVICES; MAKING AN APPROPRIATION.

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

     Section 1. A new section of Chapter 34, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ELECTRONIC SERVICES FUND--CREATED--PURPOSE--ELECTRONIC SERVICES FEE ESTABLISHED.--

          A. The "electronic services fund" is created in the state treasury to be administered by the administrative office of the courts. The fund consists of electronic services fees, appropriations, gifts, grants and donations. Interest earned on money in the fund shall be credited to the fund. Balances in the fund shall not revert to the general fund at the end of a fiscal year.

          B. Money in the fund is subject to appropriation by the legislature to the administrative office of the courts for the purpose of defraying the costs of operating and maintaining electronic filing services and providing public access to electronic documents in appellate, district, metropolitan and magistrate courts, consistent with rules promulgated by the supreme court.

          C. The supreme court is authorized to establish by rule reasonable electronic services fees to cover the expense of providing electronic services to the public, including electronic document filing, access to electronic documents and ancillary services.

          D. The administrative office of the courts is authorized to enter into agreements with electronic filing companies to provide electronic services, collect the electronic services fees and remit those fees to the administrative office of the courts. An agreement may further allow an electronic filing company to retain a portion of the electronic services fees collected and to remit the remainder of those fees to the administrative office of the courts for deposit in the electronic services fund.

          E. Disbursements from the electronic services fund shall be made by warrants drawn by the secretary of finance and administration upon vouchers issued and signed by the director of the administrative office of the courts or the director's designee."

     Section 2. A new section of Chapter 34, Article 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SUPREME COURT--ELECTRONIC SERVICES FEE.--The clerk of the supreme court may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the electronic services fund."

     Section 3. A new section of Chapter 34, Article 5 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COURT OF APPEALS--ELECTRONIC SERVICES FEE.--The clerk of the court of appeals may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the electronic services fund."

     Section 4. A new section of Chapter 34, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DISTRICT COURT--ELECTRONIC SERVICES FEE.--A district court may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the electronic services fund."

     Section 5. A new section of Chapter 34, Article 8A NMSA 1978 is enacted to read:

     "[NEW MATERIAL] METROPOLITAN COURT--ELECTRONIC SERVICES FEE.--A metropolitan court may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the electronic services fund."

     Section 6. A new section of Chapter 35, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] MAGISTRATE COURT--ELECTRONIC SERVICES FEE.--A magistrate court may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the electronic services fund."