SENATE BILL 388

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO COURTS; PROHIBITING COURTS FROM REQUIRING THE USE OF ELECTRONIC SERVICES FOR FILING OR ACCESS TO COURT DOCUMENTS.

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

     SECTION 1. Section 34-2-10 NMSA 1978 (being Laws 2009, Chapter 112, Section 2) is amended to read:

     "34-2-10. SUPREME COURT--ELECTRONIC SERVICES FEE.--

          A. 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.

          B. The court shall not charge an electronic services fee to persons who choose not to use electronic services and shall allow persons to file and access documents without using electronic services."

     SECTION 2. Section 34-5-15 NMSA 1978 (being Laws 2009, Chapter 112, Section 3) is amended to read:

     "34-5-15. COURT OF APPEALS--ELECTRONIC SERVICES FEE.--

          A. 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.

          B. The court shall not charge an electronic services fee to persons who choose not to use electronic services and shall allow persons to file and access documents without using electronic services."

     SECTION 3. Section 34-6-48 NMSA 1978 (being Laws 2009, Chapter 112, Section 4) is amended to read:

     "34-6-48. DISTRICT COURT--ELECTRONIC SERVICES FEE.--

          A. 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.

          B. The court shall not charge an electronic services fee to persons who choose not to use electronic services and shall allow persons to file and access documents without using electronic services."

     SECTION 4. Section 34-8A-15 NMSA 1978 (being Laws 2009, Chapter 112, Section 5) is amended to read:

     "34-8A-15. METROPOLITAN COURT--ELECTRONIC SERVICES FEE.--

          A. 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.

          B. The court shall not charge an electronic services fee to persons who choose not to use electronic services and shall allow persons to file and access documents without using electronic services."

     SECTION 5. Section 35-6-10 NMSA 1978 (being Laws 2009, Chapter 112, Section 6) is amended to read:

     "35-6-10. MAGISTRATE COURT--ELECTRONIC SERVICES FEE.--

          A. 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.

          B. The court shall not charge an electronic services fee to persons who choose not to use electronic services and shall allow persons to file and access documents without using electronic services."

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