0001| AN ACT | 0002| RELATING TO COURT FEES; INCREASING CERTAIN COURT FEES FOR DEPOSIT IN THE | 0003| COURT AUTOMATION FUND; AUTHORIZING THE NEW MEXICO FINANCE AUTHORITY TO | 0004| ISSUE BONDS FOR COURT AUTOMATION SYSTEMS; MAKING AN APPROPRIATION; | 0005| AMENDING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 34-2-5 NMSA 1978 (being Laws 1933, Chapter 81, | 0009| Section 1, as amended) is amended to read: | 0010| "34-2-5. FEES--COLLECTION BY SUPREME COURT CLERK.--The clerk of | 0011| the supreme court shall collect the following fees: | 0012| A. in all cases docketed in the court, except those in which | 0013| statutory exemption exists and those in which the court on showing of | 0014| poverty may, by order, waive the fee, one hundred twenty-five dollars | 0015| ($125), twenty-five dollars ($25.00) of which shall be deposited in the | 0016| court automation fund; provided that in cases in which a skeleton | 0017| transcript may be filed for the purpose of a motion to docket and | 0018| affirm, the fee shall be twenty dollars ($20.00), ten dollars ($10.00) | 0019| of which shall be deposited in the court automation fund; | 0020| B. for one copy of files or a record, ten cents ($.10) per | 0021| folio and for additional copies ordered at the same time five cents | 0022| ($.05) per folio; | 0023| C. for comparing copies of files or records tendered to him, | 0024| five cents ($.05) per folio; and | 0025| D. for each certificate, one dollar ($1.00)." | 0001| Section 2. Section 34-5-6 NMSA 1978 (being Laws 1966, Chapter 28, | 0002| Section 6, as amended) is amended to read: | 0003| "34-5-6. COURT OF APPEALS--FEES AND COSTS.-- | 0004| A. The clerk of the court of appeals shall collect the | 0005| following fees: | 0006| docket fee, twenty-five dollars ($25.00) of which shall be | 0007| deposited | 0008| in | 0009| the | 0010| court | 0011| automation | 0012| fund, | 0013| $125.00 | 0014| docket fee for cases in which a skeleton transcript is filed | 0015| for | 0016| purpose of | 0017| a | 0018| motion to | 0019| docket and | 0020| affirm, | 0021| ten | 0022| dollars | 0023| ($10.00) | 0024| of | 0025| which | 0001| shall | 0002| be | 0003| deposited | 0004| in | 0005| the | 0006| court | 0007| automation | 0008| fund,$ 20.00 | 0009| single copy of records, per typewritten folio . . . . . .10 | 0010| each additional copy of records ordered at same time, per | 0011| typewritten | 0012| folio.05 | 0013| copies of records reproduced by photographic process, per | 0014| page.10 | 0015| comparing copies of records tendered to him, per | 0016| folio. . . . . . . . . . . . . . . . . . . . . . . .05 | 0017| each certificate. . . . . . . . . . . . . . . . . . . 1.00. | 0018| B. No fees or costs shall be required in proceedings in | 0019| forma pauperis, from state officers acting in their official capacity or | 0020| in any other case where a statutory exemption exists. | 0021| C. Except as otherwise specifically provided by law, the | 0022| clerk of the court of appeals shall pay all fees and costs to the state | 0023| treasurer for credit to the state general fund." | 0024| Section 3. Section 34-6-40 NMSA 1978 (being Laws 1968, Chapter | 0025| 69, Section 42, as amended) is amended to read: | 0001| "34-6-40. FINANCE--FEES.-- | 0002| A. District court clerks shall collect in civil matters | 0003| docketing any cause, whether original or reopened or by appeal or | 0004| transfer from any inferior court, a fee of eighty-two dollars ($82.00), | 0005| ten dollars ($10.00) of which shall be deposited in the court automation | 0006| fund. | 0007| B. No fees or costs shall be taxed against the state, its | 0008| political subdivisions or the nonprofit corporations authorized to be | 0009| formed under the Educational Assistance Act. | 0010| C. Except as otherwise specifically provided by law, docket | 0011| fees shall be paid into the general fund." | 0012| Section 4. Section 34-9-10 NMSA 1978 (being Laws 1987, Chapter | 0013| 32, Section 2, as amended) is amended to read: | 0014| "34-9-10. COURT AUTOMATION FUND CREATED--ADMINISTRATION--DISTRIBUTION.-- | 0015| A. There is created in the state treasury a "court | 0016| automation fund" to be administered by the administrative office of the | 0017| courts. | 0018| B. All balances in the court automation fund are | 0019| appropriated and may be expended for service contracts related to court | 0020| automation systems or for the purchase, lease-purchase, financing, | 0021| refinancing and maintenance of court automation systems in the | 0022| judiciary. The New Mexico finance authority may pledge irrevocably all | 0023| distributions to the authority from the court automation fund for the | 0024| payment of the principal, interest and any other expenses or obligations | 0025| related to the bonds issued by the authority for financing court | 0001| automation systems. Any balance remaining, after all principal, | 0002| interest and any other expenses or obligations related to the bonds in | 0003| each fiscal year are fully paid, may be appropriated by the legislature | 0004| to the administrative office of the courts. | 0005| C. Payments from the court automation fund shall be made | 0006| upon vouchers issued and signed by the director of the administrative | 0007| office of the courts upon warrants drawn by the secretary of finance and | 0008| administration. Any purchase or | 0009| lease-purchase agreement entered into pursuant to this section shall be | 0010| entered into in accordance with the Procurement Code." | 0011| Section 5. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, | 0012| Section 92, as amended) is amended to read: | 0013| "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF | 0014| "CONVICTED".-- | 0015| A. Magistrate judges, including metropolitan court judges, | 0016| shall collect the following costs: | 0017| Docket fee, criminal actions under Section 29-5-1 NMSA 1978$ 1.00 | 0018| Docket fee, to be collected prior to docketing any other criminal | 0019| action, | 0020| except as | 0021| provided | 0022| in | 0023| Subsection | 0024| B of | 0025| Section | 0001| 35-6-3 | 0002| NMSA | 0003| 1978 20.00 | 0004| Docket fee, ten dollars ($10.00) of which shall be deposited | 0005| in | 0006| the | 0007| court | 0008| automation | 0009| fund, | 0010| to be | 0011| collected | 0012| prior | 0013| to | 0014| docketing | 0015| any | 0016| civil | 0017| action, | 0018| except as | 0019| provided | 0020| in | 0021| Subsection | 0022| A of | 0023| Section | 0024| 35-6-3 | 0025| NMSA | 0001| 197847.00 | 0002| Jury fee, to be collected from the party demanding trial by | 0003| jury | 0004| in | 0005| any | 0006| civil | 0007| action at | 0008| the | 0009| time | 0010| the | 0011| demand is | 0012| filed | 0013| or | 0014| made 25.00 | 0015| Copying fee, for making and certifying copies of any records in | 0016| the | 0017| court, for | 0018| each | 0019| page | 0020| copied by | 0021| photographic | 0022| process .50 | 0023| Copying fee, for computer-generated or electronically transferred | 0024| copies, | 0025| per | 0001| page 1.00. | 0002| Proceeds from this copying fee shall be transferred to the | 0003| administrative office of the courts for deposit in the court | 0004| automation fund. Except as otherwise specifically provided | 0005| by law, docket fees shall be paid into the general fund. | 0006| B. Except as otherwise provided by law, no other costs or | 0007| fees shall be charged or collected in the magistrate or metropolitan | 0008| court. | 0009| C. The magistrate or metropolitan court may grant free | 0010| process to any party in any civil proceeding or special statutory | 0011| proceeding upon a proper showing of indigency. The magistrate or | 0012| metropolitan court may deny free process if it finds that the complaint | 0013| on its face does not state a cause of action. | 0014| D. As used in this subsection, "convicted" means the | 0015| defendant has been found guilty of a criminal charge by the magistrate | 0016| or metropolitan judge, either after trial, a plea of guilty or a plea of | 0017| nolo contendere. Magistrate judges, including metropolitan court | 0018| judges, shall collect the following costs: | 0019| (1) corrections fee, to be collected upon conviction | 0020| from persons convicted of violating any provision of the Motor Vehicle | 0021| Code involving the operation of a motor vehicle, convicted of a crime | 0022| constituting a misdemeanor or a petty misdemeanor or convicted of | 0023| violating any ordinance that may be enforced by the imposition of a term | 0024| of imprisonment | 0025| . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00; | 0001| (2) court automation fee, to be collected upon | 0002| conviction from persons convicted of violating any provision of the | 0003| Motor Vehicle Code involving the operation of a motor vehicle, convicted | 0004| of a crime constituting a misdemeanor or a petty misdemeanor or | 0005| convicted of violating any ordinance that may be enforced by the | 0006| imposition of a term of imprisonment . . . . . . . . . . .10.00; | 0007| (3) traffic safety fee, to be collected upon | 0008| conviction from persons convicted of violating any provision of the | 0009| Motor Vehicle Code involving the operation of a motor vehicle 3.00; | 0010| and | 0011| (4) judicial education fee, to be collected upon | 0012| conviction from persons convicted of operating a motor vehicle in | 0013| violation of the Motor Vehicle Code, convicted of a crime constituting a | 0014| misdemeanor or a petty misdemeanor or convicted of violating any | 0015| ordinance punishable by a term of imprisonment . . . . . . 1.00. | 0016| E. Metropolitan court judges shall collect as costs a | 0017| mediation fee not to exceed five dollars ($5.00) for the docketing of | 0018| small claims and criminal actions specified by metropolitan court rule. | 0019| Proceeds of the mediation fee shall be deposited into the metropolitan | 0020| court mediation fund." | 0021| Section 6. Section 35-13-2 NMSA 1978 (being Laws 1975, Chapter | 0022| 242, Section 10, as amended) is amended to read: | 0023| "35-13-2. APPEALS--DISTRICT COURT PROCEEDINGS--DOCKET FEES--JUDG- | 0024| MENT.-- | 0025| A. Appeals from the magistrate courts shall be tried de novo | 0001| in the district court. | 0002| B. The district court docket fee in any criminal appeal is | 0003| thirty-five dollars ($35.00), ten dollars ($10.00) of which shall be | 0004| deposited in the court automation fund. | 0005| C. If the judgment of the magistrate court in a criminal | 0006| action is affirmed or rendered against the appellant on appeal or if the | 0007| appellant fails to appear at the time fixed for hearing in the district | 0008| court, the district court shall enter judgment imposing the same, a | 0009| greater or a lesser penalty as that imposed in the magistrate court in | 0010| the action." | 0011| Section 7. Section 35-15-7 NMSA 1978 (being Laws 1969, Chapter | 0012| 35, Section 2) is amended to read: | 0013| "35-15-7. APPEALS--NOTICE OF APPEALS.-- | 0014| A. An appeal from the municipal court is taken by filing | 0015| with the clerk of the district court a notice of appeal. When the de- | 0016| fendant takes an appeal, the notice of appeal shall be accompanied by a | 0017| bond to the municipality in the sum, and with conditions, fixed by the | 0018| municipal judge as sufficient to secure the appearance of the defendant, | 0019| and the judgment and sentence of the municipal court. | 0020| B. The clerk of the district court shall docket the appeal | 0021| on the civil docket upon payment of a docket fee of twenty dollars | 0022| ($20.00), ten dollars ($10.00) of which shall be deposited in the court | 0023| automation fund, and shall transmit a copy of the notice of appeal to | 0024| the municipal court from which the action is appealed and to the | 0025| municipal attorney. | 0001| C. Within ten days after receipt of the notice of appeal | 0002| from the clerk of the district court under Subsection B of this section, | 0003| the municipal judge shall file with the clerk of the district court a | 0004| transcript of all municipal court docket entries in the action, together | 0005| with all pleadings and other documents relating to the action. After | 0006| the transcript has been filed, the action may be called for trial in the | 0007| district court as in other civil actions. The appeal shall be governed | 0008| by the Rules of Civil Procedure for the District Courts, except that the | 0009| municipality has the burden of proving violation of an ordinance beyond | 0010| a reasonable doubt. | 0011| D. The docketing of an appeal operates as a supersedeas and | 0012| stay of execution upon the judgment of the municipal court in the action | 0013| until final disposition of the appeal." | 0014| Section 8. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter | 0015| 320, Section 5, as amended) is amended to read: | 0016| "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty | 0017| assessment misdemeanor, there shall be assessed: | 0018| A. ten dollars ($10.00) to help defray the costs of local | 0019| government corrections; | 0020| B. a court automation fee of ten dollars ($10.00); | 0021| C. a traffic safety fee of three dollars ($3.00), which | 0022| shall be credited to the traffic safety education and enforcement fund; | 0023| and | 0024| D. a judicial education fee of one dollar ($1.00), which | 0025| shall be credited to the judicial education fund." | 0001| Section 9. NEW MEXICO FINANCE AUTHORITY REVENUE BONDS--PURPOSE--APPROPRIATION.-- | 0002| A. The New Mexico finance authority may issue and sell | 0003| revenue bonds in compliance with the New Mexico Finance Authority Act in | 0004| installments or at one time in an amount not exceeding eight million | 0005| five hundred thousand dollars ($8,500,000) for the purpose of financing | 0006| court automation systems, including acquisition, development and | 0007| installation of computer hardware and software, for the administrative | 0008| office of the courts. | 0009| B. The New Mexico finance authority may issue and sell | 0010| revenue bonds authorized by this section when the director of the | 0011| administrative office of the courts certifies the need for issuance of | 0012| the bonds. The net proceeds from the sale of the bonds are appropriated | 0013| to the administrative office of the courts for the purposes described in | 0014| Subsection A of this section. | 0015| C. Except for money appropriated by the legislature from the | 0016| court automation fund to the administrative office of the courts in | 0017| fiscal year 1997, the money in the court automation fund shall be | 0018| distributed to the New Mexico finance authority to be pledged | 0019| irrevocably for the payment of the principal, interest and other | 0020| expenses or obligations related to the bonds. | 0021| D. The money in the court automation fund shall be | 0022| distributed monthly to the New Mexico finance authority and deposited in | 0023| a special bond fund or account of the authority. At the end of each | 0024| fiscal year, any money remaining in the special bond fund or account | 0025| from distributions made to the authority during that fiscal year, after | 0001| all principal, interest and any other expenses or obligations related to | 0002| the bonds in that fiscal year are fully paid, may be appropriated by the | 0003| legislature to the administrative office of the courts for service | 0004| contracts related to court automation systems or for the purchase, | 0005| lease-purchase, financing, refinancing and maintenance of court | 0006| automation systems in the judiciary. Upon payment of all principal, | 0007| interest and any other expenses or obligations related to the bonds, the | 0008| authority shall certify to the administrative office of the courts that | 0009| all obligations for the bonds issued pursuant to this section have been | 0010| fully discharged and direct the administrative office of the courts to | 0011| cease distributing money from the court automation fund to the | 0012| authority. | 0013| E. Any law authorizing the collection of fees for the court | 0014| automation fund or distribution of the money in the court automation | 0015| fund to the New Mexico finance authority shall not be amended, repealed | 0016| or otherwise directly or indirectly modified so as to impair any | 0017| outstanding revenue bonds that may be secured by a pledge of the | 0018| distributions of the court automation fund, unless the revenue bonds | 0019| have been discharged in full or provisions have been made for a full | 0020| discharge. | 0021| | 0022| HB | 0023| 665 | 0024| Page  |