SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 595

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

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978 TO PROVIDE FUNDING FOR EMERGENCY MEDICAL SERVICES, AMBULANCE SERVICES AND RELATED REGIONAL OFFICES, PLANNING AND ADMINISTRATION; PROVIDING FOR AN EMERGENCY MEDICAL SERVICES PROTECTION FUND FEE TO BE ASSESSED FOR CERTAIN MISDEMEANORS TO FUND EMERGENCY MEDICAL SERVICES; CREATING THE EMERGENCY MEDICAL SERVICES PROTECTION FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] EMERGENCY MEDICAL SERVICES PROTECTION FUND--DISTRIBUTIONS.--

          A. The "emergency medical services protection fund" is created in the state treasury. The fund shall consist of proceeds from the emergency medical services protection fund fee imposed pursuant to Paragraph (8) Subsection D of Section 35-6-1 NMSA 1978, as well as any other gifts, grants, fees, bequests or money otherwise accruing to the fund. Earnings from investment of the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund shall be appropriated by the legislature annually to the department of health for the purposes set forth in Subsection B of this section upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health or the secretary of health's authorized representative.

          B. For fiscal year 2012 and beyond, distributions from the emergency medical services protection fund shall be used only for the purposes set forth below, in amounts that the secretary of health deems appropriate within the guidelines indicated:

                (1) no less than thirty-four percent of the distributions shall be made to provide funds to ambulance services that:

                     (a) receive less than one thousand emergency calls per year; and

                     (b) have no paid, full-time personnel;

                (2) no less than thirty-one percent of the distributions shall be used to support local emergency medical services entities that respond to at least twenty-five but not more than one thousand emergency calls per year and that have no paid, full-time personnel by providing funds for:

                     (a) the use of advanced technology equipment;

                     (b) operational costs other than salaries and benefits of local emergency medical services personnel;

                     (c) the purchase, repair and maintenance of emergency medical services ambulances, equipment and supplies; and

                     (d) the training and licensing of local emergency medical services personnel;

                (3) no more than thirty-one percent of the distributions shall be used for the department of health to contract with nonprofit entities to establish or operate regional offices that provide regional emergency medical services planning and development services, technical assistance and support and coordination with emergency medical services agencies statewide; and

                (4) no more than four percent of the distributions shall be made to the department of health for administration of the emergency medical services protection fund.

          C. As used in this section:

                (1) "ambulance" means a vehicle, including a motor vehicle or watercraft, designed and used or intended to be used for the transportation of sick or injured persons;

                (2) "emergency medical services" means the services rendered by providers in response to an individual's need for immediate medical care to prevent loss of life or aggravation of physical or psychological illness or injury;

                (3) "local emergency medical services entity" means an ambulance service, medical rescue service, fire department rescue service, air ambulance service or other prehospital care provider:

                     (a) that responds to an individual's need for immediate medical care in order to prevent loss of life or aggravation of physical or psychological illness or injury on a routine, not seasonal, basis; and

                     (b) that meets department of health guidelines concerning personnel training, use of run forms that the emergency medical services bureau has approved, participation in mutual aid agreements and medical control; and

                (4) "regional office" means an emergency medical services planning and development agency formally recognized and supported by the department of health.

     SECTION 2. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended) is amended to read:

     "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF

"CONVICTED".--

          A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:

     docket fee, criminal actions under Section 29-5-1 NMSA           1978. . . . . . . . . . . . . . . . . . . . $ 1.00;

     docket fee, to be collected prior to docketing any other

          criminal action, except as provided in Subsection B

          of Section 35-6-3 NMSA 1978. . . . . . . . . 20.00.

Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund;

docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978. . .72.00;

jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made. . . . . . . . . . . . . . .25.00;

copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process. . . . . . . . . . . [50] 0.50.

Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and

     copying fee, for computer-generated or electronically

transferred copies, per page. . . . . . . . . .1.00.

Proceeds from this copying fee shall be transferred

to the administrative office of the courts for

deposit in the court automation fund.

    Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.

         B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.

         C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.

         D. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:

             (1) corrections fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:

in a county with a metropolitan court. . . . . . . .$10.00;

     in a county without a metropolitan court. . . . . . 20.00;

             (2) court automation fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of

imprisonment. . . . . . . . . . . . . . . . . . . . . . .10.00;

             (3) traffic safety fee, to be collected upon

conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . . . . . 3.00;

             (4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of

imprisonment. . . . . . . . . . . . . . . . . . . . . . .3.00;

             (5) jury and witness fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00;

             (6) brain injury services fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . 5.00;

[and]

             (7) court facilities fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:

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

in any other county. . . . . . . . . . . . . . .10.00; and

             (8) emergency medical services protection fund fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of imprisonment. . . . . . . . . . 5.00.

         E. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund."

    SECTION 3. 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) 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;

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

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

          H. a court facilities fee as follows:

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

in any other county. . . . . . . . . . . . . . . . . . . 10.00;

[and]

         I. an emergency medical services protection fund fee of five dollars ($5.00), which shall be credited to the emergency medical services protection fund; and

         [I.] J. 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 4. 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 [I] J. 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;

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

             (8) Subsection 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 emergency medical services protection fund; and

             [(9)] (10) Subsection [I] J of Section

66-8-116.3 NMSA 1978 to the state treasurer for credit to the magistrate courts operations fund."

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