HOUSE BILL 385

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Daymon Ely

AN ACT

RELATING TO COURTS; REDUCING MILEAGE REIMBURSEMENT FOR CERTAIN JURORS; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 35-8-7 NMSA 1978 (being Laws 1991, Chapter 82, Section 13) is amended to read:

     "35-8-7. MAGISTRATE CIVIL JURY FEES.--

          A. In each action in the magistrate court in which a jury is summoned, persons summoned for jury service and jurors shall be compensated for their time in [travel] attendance and service at the highest prevailing minimum-wage rate.

          B. Those persons shall also be reimbursed for travel in excess of forty miles to and from their place of actual residence to the court, when their attendance is ordered, at the rate allowed public officers and employees per mile of necessary travel [pursuant to the Per Diem and Mileage Act if:

                (1) their attendance is ordered; and

                (2) the travel required to and from their residence is more than fifteen miles].

          C. Those costs shall be charged against the party requesting the jury in a civil action, though no costs shall be charged against the state. All costs collected by the magistrate under this section shall be remitted to the administrative office of the courts, and all jurors shall be paid by the state treasurer in the same manner as other magistrate court expenses are paid."

     SECTION 2. Section 38-5-15 NMSA 1978 (being Laws 1969, Chapter 222, Section 15, as amended) is amended to read:

     "38-5-15. MILEAGE AND COMPENSATION FOR JURORS.--Persons summoned for jury service and jurors shall be reimbursed for travel in excess of forty miles to and from their place of actual residence to the courthouse when their attendance is ordered at the rate allowed public officers and employees per mile of necessary travel. Persons summoned for jury service and jurors shall be compensated for their time in [travel] attendance and service at the highest prevailing state minimum wage rate."

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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