SENATE BILL 226

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

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO COURTS; CREATING THE MAGISTRATE COURTS OPERATIONS FUND TO PROVIDE FOR THE OPERATIONS OF THE MAGISTRATE AND METROPOLITAN COURTS; IMPOSING A FEE ON PENALTY ASSESSMENT MISDEMEANORS; TERMINATING THE FUND AND THE FEE IN FOUR YEARS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2009; MAKING AN APPROPRIATION.

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

     Section 1. A new section of Chapter 35 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] MAGISTRATE COURTS OPERATIONS FUND--CREATED--PURPOSE--TERMINATION OF FUND.--The "magistrate courts operations fund" is created in the state treasury for appropriation by the legislature for the operations of magistrate and metropolitan courts. The fund consists of magistrate courts operations fees collected pursuant to Section 66-8-116.3 NMSA 1978 and any appropriations, gifts, grants and donations. Income from the fund shall be credited to the fund. Money in the fund at the end of fiscal years 2010, 2011, 2012 and 2013 shall not revert to any other fund. Balances remaining in the fund at the end of fiscal year 2014 shall revert to the general fund, and the fund shall be dissolved on July 1, 2014."

     Section 2. 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), 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;

and

          I. until May 31, 2014, a magistrate courts operations fee of four dollars ($4.00), which shall be credited to the magistrate courts operations fund."

     Section 3. 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] I 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; and

                (9) Subsection I of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the magistrate courts operations fund."

     Section 4. DELAYED REPEAL.--Section 1 of this act is repealed effective July 1, 2014.

- 5 -