HOUSE BILL 179

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO MISDEMEANOR FEES; RAISING THE TRAFFIC SAFETY FEE TO SIX DOLLARS ($6.00) FOR THE TRAFFIC SAFETY EDUCATION AND ENFORCEMENT FUND; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2009.

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

     Section 1. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 318, Section 35, Laws 1989, Chapter 319, Section 14 and also Laws 1989, Chapter 320, Section 5, as amended by Laws 2009, Chapter 244, Section 1 and by Laws 2009, Chapter 245, Section 5) is amended to read:

     "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty assessment misdemeanor, there shall be assessed:

          A. in a county without a metropolitan court, twenty dollars ($20.00) to help defray the costs of local government corrections;

          B. a court automation fee of ten dollars ($10.00);

          C. a traffic safety fee of [three dollars ($3.00)] six dollars ($6.00), which shall be credited to the traffic safety education and enforcement fund;

          D. a judicial education fee of three dollars ($3.00), which shall be credited to the judicial education fund;

          E. a jury and witness fee of five dollars ($5.00), which shall be credited to the jury and witness fee fund;

          [E.] F. a juvenile adjudication fee of one dollar ($1.00), which shall be credited to the juvenile adjudication fund;

          [F.] G. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund; and

          [G.] H. a court facilities fee as follows:

in a county with a metropolitan court. . . . . . . . . .$24.00;

in any other county. . . . . . . . . . . . . . . . . . .10.00."

     Section 2. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:

     "66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.--

          A. The division shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through [G] H of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.

          B. The division shall remit all penalty assessment fee receipts collected pursuant to:

                (1) Subsection A of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund;

                (2) Subsection B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund;

                (3) Subsection C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;

                (4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;

                (5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the jury and witness fee fund;

                (6) Subsection F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the juvenile adjudication fund;

                [(6)] (7) Subsection [F] G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund; and

                [(7)] (8) Subsection [G] H of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund."

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