SENATE BILL 133

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

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO DISTRICT ATTORNEYS; PROVIDING FOR A DISTRIBUTION FROM THE DISTRICT ATTORNEY FUND; MAKING AN APPROPRIATION.

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

     Section 1. Section 36-1-28 NMSA 1978 (being Laws 1998, Chapter 88, Section 1) is amended to read:

     "36-1-28. DISTRICT ATTORNEY FUND--CREATED--ADMINISTRATION--PURPOSE.--

          A. The "district attorney fund" is created in the state treasury. The fund shall consist of worthless-check fees, preprosecution diversion fees, other statutory revenues directed to the fund, appropriations, gifts, grants and donations.

          B. Money in the fund is appropriated to the administrative office of the district attorneys for the [sole] purpose of meeting necessary expenses incurred in the operation of the administrative office of the district attorneys.

          C. The director of the administrative office of the district attorneys may distribute a percentage of the district attorney fund to individual district attorney offices for training and other necessary expenses required to support the operation of the district attorney offices throughout the state. Distributions shall be made equitably at the director's discretion.

          [C.] D. Expenditures from the fund shall be pursuant to budgets approved by the state budget division of the department of finance and administration and made by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the administrative office of the district attorneys or [his] the director's authorized representative.

          [D.] E. The fund shall not revert at the end of any fiscal year."

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