0001| | 0002| | 0003| HOUSE BILL 21 | 0004| 43RD LEGISLATURE - STATE OF NEW MEXICO -SECOND SESSION, 1998 | 0005| INTRODUCED BY | 0006| RICK MIERA | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| AN ACT | 0013| RELATING TO FINANCING COURT FACILITIES; AUTHORIZING THE | 0014| ISSUANCE OF NEW MEXICO FINANCE AUTHORITY REVENUE BONDS FOR A | 0015| NEW COURT BUILDING FOR THE BERNALILLO COUNTY METROPOLITAN | 0016| COURT; IMPOSING FEES; CREATING FUNDS; PROVIDING FOR THE USE OF | 0017| CERTAIN FUNDS FOR MAGISTRATE COURT FACILITIES; AMENDING AND | 0018| ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION. | 0019| | 0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0021| Section 1. Section 34-2-5 NMSA 1978 (being Laws 1933, | 0022| Chapter 81, Section 1, as amended) is amended to read: | 0023| "34-2-5. FEES--COLLECTION BY SUPREME COURT CLERK.-- | 0024| A. The clerk of the supreme court shall collect | 0025| the following fees: | - 1 - 0001| ~~[A.]~~ (1) in all cases docketed in the | 0002| court, except those in which statutory exemption exists and | 0003| those in which the court on showing of poverty may, by order, | 0004| waive the fee, one hundred twenty-five dollars ($125), twenty- | 0005| five dollars ($25.00) of which shall be deposited in the court | 0006| automation fund; provided that in cases in which a skeleton | 0007| transcript may be filed for the purpose of a motion to docket | 0008| and affirm, the fee shall be twenty dollars ($20.00), ten | 0009| dollars ($10.00) of which shall be deposited in the court | 0010| automation fund; | 0011| ~~[B.]~~ (2) for one copy of files or a | 0012| record, ten cents ($.10) per folio and for additional copies | 0013| ordered at the same time five cents ($.05) per folio; | 0014| ~~[C.]~~ (3) for comparing copies of files or | 0015| records tendered to him, five cents ($.05) per folio; and | 0016| ~~[D.]~~ (4) for each certificate, one dollar | 0017| ($1.00). | 0018| B. Except as otherwise specifically provided by | 0019| law, the clerk of the supreme court shall pay all fees and | 0020| costs to the state treasurer for credit to the court | 0021| facilities fund." | 0022| Section 2. Section 34-5-6 NMSA 1978 (being Laws 1966, | 0023| Chapter 28, Section 6, as amended) is amended to read: | 0024| "34-5-6. COURT OF APPEALS--FEES AND COSTS.-- | 0025| A. The clerk of the court of appeals shall collect | - 2 - 0001| the following fees: | 0002| docket fee, twenty-five dollars ($25.00) of which shall | 0003| be deposited in the court | 0004| automation fund. . . . . . . . . . . . . . . . . .$125.00 | 0005| docket fee for cases in which a skeleton | 0006| transcript is filed for purpose of a | 0007| motion to docket and affirm, ten | 0008| dollars ($10.00) of which shall be | 0009| deposited in the court automation fund . . . . . . 20.00 | 0010| single copy of records, per typewritten folio . . . . . .10 | 0011| each additional copy of records ordered at | 0012| same time, per typewritten folio . . . . . . . . . .05 | 0013| copies of records reproduced by photographic | 0014| process, per page. . . . . . . . . . . . . . . . . .10 | 0015| comparing copies of records tendered to him, | 0016| per folio. . . . . . . . . . . . . . . . . . . . . .05 | 0017| each certificate. . . . . . . . . . . . . . . . . . . . 1.00. | 0018| B. No fees or costs shall be required in proceedings | 0019| in forma pauperis, from state officers acting in their official | 0020| capacity or in any other case where a statutory exemption exists. | 0021| C. Except as otherwise specifically provided by law, | 0022| the clerk of the court of appeals shall pay all fees and costs to | 0023| the state treasurer for credit to the ~~[state general]~~ court | 0024| facilities fund." | 0025| Section 3. Section 35-6-1 NMSA 1978 (being Laws 1968, | - 3 - 0001| Chapter 62, Section 92, as amended by Laws 1997, Chapter 242, | 0002| Section 3 and also by Laws 1997, Chapter 247, Section 1) is | 0003| amended to read: | 0004| "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF | 0005| "CONVICTED".-- | 0006| A. Magistrate judges, including metropolitan court | 0007| judges, shall assess and collect and shall not waive, defer or | 0008| suspend the following costs: | 0009| docket fee, criminal actions under Section 29-5-1 NMSA | 0010| 1978. . . . . . . . . . . . . . . . . . . . . . .$ 1.00 | 0011| docket fee, to be collected prior to docketing any other | 0012| criminal action, except as provided in Subsection B | 0013| of Section 35-6-3 NMSA 1978 . . . . . . . . . . . 20.00 | 0014| docket fee, ten dollars ($10.00) of which shall be | 0015| deposited in the court automation fund, to be | 0016| collected prior to docketing any civil action, except | 0017| as provided in Subsection A of Section 35-6-3 NMSA | 0018| 1978. . . . . . . . . . . . . . . . . . . . . . . 47.00 | 0019| jury fee, to be collected from the party demanding trial | 0020| by jury in any civil action at the time the demand is | 0021| filed or made . . . . . . . . . . . . . . . . . . 25.00 | 0022| copying fee, for making and certifying copies of any | 0023| records in the court, for each page copied by | 0024| photographic process. . . . . . . . . . . . . . . . .50. | 0025| Proceeds from this copying fee shall be transferred to | - 4 - 0001| the administrative office of the courts for deposit in | 0002| the court facilities fund. | 0003| copying fee, for computer-generated or electronically | 0004| transferred copies, per page. . . . . . . . . . . .1.00. | 0005| Proceeds from this copying fee shall be transferred to | 0006| the administrative office of the courts for deposit in | 0007| the court automation fund. Except as otherwise | 0008| specifically provided by law, docket fees shall be | 0009| paid into the ~~[general]~~ court facilities fund. | 0010| B. Except as otherwise provided by law, no other | 0011| costs or fees shall be charged or collected in the magistrate or | 0012| metropolitan court. | 0013| C. The magistrate or metropolitan court may grant | 0014| free process to any party in any civil proceeding or special | 0015| statutory proceeding upon a proper showing of indigency. The | 0016| magistrate or metropolitan court may deny free process if it | 0017| finds that the complaint on its face does not state a cause of | 0018| action. | 0019| D. As used in this subsection, "convicted" means the | 0020| defendant has been found guilty of a criminal charge by the | 0021| magistrate or metropolitan judge, either after trial, a plea of | 0022| guilty or a plea of nolo contendere. Magistrate judges, | 0023| including metropolitan court judges, shall assess and collect | 0024| and shall not waive, defer or suspend the following costs: | 0025| (1) corrections fee, to be collected upon | - 5 - 0001| conviction from persons convicted of violating any provision of | 0002| the Motor Vehicle Code involving the operation of a motor | 0003| vehicle, convicted of a crime constituting a misdemeanor or a | 0004| petty misdemeanor or convicted of violating any ordinance that | 0005| may be enforced by the imposition of a term of imprisonment. | 0006| . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00; | 0007| (2) court automation fee, to be collected upon | 0008| conviction from persons convicted of violating any provision of | 0009| the Motor Vehicle Code involving the operation of a motor | 0010| vehicle, convicted of a crime constituting a misdemeanor or a | 0011| petty misdemeanor or convicted of violating any ordinance that | 0012| may be enforced by the imposition of a term of imprisonment . . | 0013| . . . . . . . . . . . . . . . . . . . . . . .. . . . 10.00; | 0014| (3) traffic safety fee, to be collected upon | 0015| conviction from persons convicted of violating any provision of | 0016| the Motor Vehicle Code involving the operation of a motor vehicle | 0017| . . . . . . . . . . . . . . . . . . . . . .~~[3.00]~~ 5.00; | 0018| (4) judicial education fee, to be collected upon | 0019| conviction from persons convicted of operating a motor vehicle in | 0020| violation of the Motor Vehicle Code, convicted of a crime | 0021| constituting a misdemeanor or a petty misdemeanor or convicted of | 0022| violating any ordinance punishable by a term of imprisonment | 0023| . . . . . .. . . . . . . . . . . . . . . . . . . . . 1.00; | 0024| ~~[and]~~ | 0025| (5) brain injury services fee, to be collected | - 6 - 0001| upon conviction from persons convicted of violating any provision | 0002| of the Motor Vehicle Code involving the operation of a motor | 0003| vehicle. . . . . . . . . . . . . . . . . . . . . . . . .5.00; | 0004| and | 0005| (6) court facilities fee, to be collected upon | 0006| conviction from persons convicted of violating any provision of | 0007| the Motor Vehicle Code involving the operation of a motor | 0008| vehicle, convicted of a crime constituting a misdemeanor or a | 0009| petty misdemeanor or convicted of violating any ordinance that | 0010| may be enforced by the imposition of a term of imprisonment. | 0011| . . . . . . . . . . . . . . . . . . . . . . . . . . .10.00. | 0012| E. Metropolitan court judges shall assess and | 0013| collect as costs and shall not waive, defer or suspend a | 0014| mediation fee not to exceed five dollars ($5.00) for the | 0015| docketing of small claims and criminal actions specified by | 0016| metropolitan court rule. Proceeds of the mediation fee shall be | 0017| deposited into the metropolitan court mediation fund." | 0018| Section 4. Section 66-8-116.3 NMSA 1978 (being Laws 1989, | 0019| Chapter 320, Section 5, as amended by Laws 1997, Chapter 242, | 0020| Section 5 and also by Laws 1997, Chapter 247, Section 2) is | 0021| amended to read: | 0022| "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL | 0023| FEES.--In addition to the penalty assessment established for each | 0024| penalty assessment misdemeanor, there shall be assessed: | 0025| A. ten dollars ($10.00) to help defray the costs of | - 7 - 0001| local government corrections; | 0002| B. a court automation fee of ten dollars ($10.00); | 0003| C. a traffic safety fee of ~~[three dollars ($3.00)]~~ | 0004| five dollars ($5.00), which shall be credited to the traffic | 0005| safety education and enforcement fund; | 0006| D. a judicial education fee of one dollar ($1.00), | 0007| which shall be credited to the judicial education fund; ~~[and]~~ | 0008| E. a brain injury services fee of five dollars | 0009| ($5.00), which shall be credited to the brain injury services | 0010| fund; and | 0011| F. a court facilities fee of ten dollars ($10.00)." | 0012| Section 5. Section 66-8-119 NMSA 1978 (being Laws 1968, | 0013| Chapter 62, Section 159, as amended by Laws 1997, Chapter 242, | 0014| Section 6 and also by Laws 1997, Chapter 247, Section 3) is | 0015| amended to read: | 0016| "66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.-- | 0017| A. The division shall remit all penalty assessment | 0018| receipts, except receipts collected pursuant to Subsections A | 0019| through ~~[E]~~ F of Section 66-8-116.3 NMSA 1978, to the state | 0020| treasurer for credit to the general fund. | 0021| B. The division shall remit all penalty assessment | 0022| fee receipts collected pursuant to: | 0023| (1) Subsection A of Section 66-8-116.3 NMSA 1978 | 0024| to the state treasurer for credit to the local government | 0025| corrections fund; | - 8 - 0001| (2) Subsection B of Section 66-8-116.3 NMSA 1978 | 0002| to the state treasurer for credit to the court automation fund; | 0003| (3) Subsection C of Section 66-8-116.3 NMSA 1978 | 0004| to the state treasurer for credit to the traffic safety education | 0005| and enforcement fund; | 0006| (4) Subsection D of Section 66-8-116.3 NMSA 1978 | 0007| to the state treasurer for credit to the judicial education fund; | 0008| ~~[and]~~ | 0009| (5) Subsection E of Section 66-8-116.3 NMSA 1978 | 0010| to the state treasurer for credit to the brain injury services | 0011| fund; and | 0012| (6) Subsection F of Section 66-8-116.3 NMSA | 0013| 1978 to the state treasurer for credit to the court facilities | 0014| fund." | 0015| Section 6. [NEW MATERIAL] MAGISTRATE COURT FUND CREATED- | 0016| -PURPOSE.--The "magistrate court fund" is created in the state | 0017| treasury and shall be administered by the administrative office | 0018| of the courts. The fund shall consist of all money transferred | 0019| by the New Mexico finance authority to the fund. Money in the | 0020| fund shall be available for appropriation by the legislature to | 0021| the administrative office of the courts for the purpose of | 0022| leasing or purchasing, renovating and maintaining magistrate | 0023| court facilities. | 0024| Section 7. [NEW MATERIAL] COURT FACILITIES FUND CREATED- | 0025| - ADMINISTRATION--DISTRIBUTION.-- | - 9 - 0001| A. The "court facilities fund" is created in the | 0002| state treasury and shall be administered by the administrative | 0003| office of the courts. The fund shall consist of court facilities | 0004| fees and lease and rental revenues transferred to or deposited in | 0005| the fund. | 0006| B. All court facilities fees and other revenues | 0007| deposited in the fund shall be distributed monthly to the New | 0008| Mexico finance authority for deposit in a special bond fund or | 0009| account of the authority. The New Mexico finance authority may | 0010| pledge irrevocably all of these distributions to the authority | 0011| for the payment of principal, interest and any other expenses or | 0012| obligations related to the bonds issued by the authority for | 0013| financing the acquisition of real property and for the design, | 0014| construction and equipping of a new court building for the | 0015| Bernalillo county metropolitan court in Albuquerque. | 0016| C. Distributions from the court facilities fund to | 0017| the New Mexico finance authority shall be made upon vouchers | 0018| issued and signed by the director of the administrative office of | 0019| the courts upon warrants drawn by the secretary of finance and | 0020| administration. | 0021| Section 8. [NEW MATERIAL] USE OF BERNALILLO COUNTY | 0022| METROPOLITAN COURT FACILITIES.--The administrative office of the | 0023| courts, as holder of record title to the existing Bernalillo | 0024| county metropolitan court building located on the northwest | 0025| corner of Fourth street and Roma avenue northwest in Albuquerque, | - 10 - 0001| shall administer and manage the building in accordance with the | 0002| following provisions: | 0003| A. after completion of a new Bernalillo county | 0004| metropolitan court facility with proceeds of bonds issued by the | 0005| New Mexico finance authority, the entire operations, judges, | 0006| staff and personnel associated with the Bernalillo county | 0007| metropolitan court shall be relocated to the new facility and the | 0008| existing facility shall be vacated; | 0009| B. the administrative office of the courts shall then | 0010| make the vacated facility ready and available for lease or rent | 0011| to public or private tenants; | 0012| C. rents charged by the administrative office of the | 0013| courts to any public or private tenant for use of the facility | 0014| shall be at rates comparable to rents charged in the downtown | 0015| Albuquerque area for commercial office space; | 0016| D. after payment of any costs of operating and | 0017| maintaining a commercial office facility typically paid by a | 0018| commercial landlord, all lease and rental revenues collected by | 0019| the administrative office of the courts for the facility shall be | 0020| deposited in the court facilities fund; | 0021| E. the administrative office of the courts shall | 0022| provide a certified tenant list and rent schedule for the | 0023| facility to the New Mexico finance authority at the end of each | 0024| fiscal year; | 0025| F. with the prior written consent of the New Mexico | - 11 - 0001| finance authority, the administrative office of the courts may | 0002| mortgage or encumber the facility or sell or otherwise dispose of | 0003| the facility; provided that no sale or disposition of the | 0004| facility shall be for less than the fair market value of the | 0005| facility as determined by an independent real estate appraiser; | 0006| and | 0007| G. any money received from the sale or other | 0008| disposition of the facility shall be deposited in the court | 0009| facilities fund and used for the early redemption of any | 0010| outstanding bonds issued by the New Mexico finance authority for | 0011| financing a new court building for the Bernalillo county | 0012| metropolitan court in Albuquerque. | 0013| Section 9. [NEW MATERIAL] NEW MEXICO FINANCE AUTHORITY | 0014| REVENUE BONDS--PURPOSE--APPROPRIATION.-- | 0015| A. If the ten dollar ($10.00) court facilities fee | 0016| provided in Section 3 of this act is imposed by law and all | 0017| distributions to the court facilities fund provided in this act | 0018| become law, the New Mexico finance authority may issue and sell | 0019| revenue bonds in compliance with the New Mexico Finance Authority | 0020| Act in installments or at one time in an amount not exceeding | 0021| forty-six million five hundred thousand dollars ($46,500,000) for | 0022| the purpose of financing the acquisition of real property for and | 0023| the design, construction and equipping of a new court building | 0024| for the Bernalillo county metropolitan court in Albuquerque. | 0025| B. The New Mexico finance authority may issue and | - 12 - 0001| sell revenue bonds authorized by this section when the chief | 0002| judge of the Bernalillo county metropolitan court and the | 0003| administrator of the Bernalillo county metropolitan court certify | 0004| the need for issuance of the bonds. The net proceeds from the | 0005| sale of the bonds are appropriated to the Bernalillo county | 0006| metropolitan court for the purpose described in Subsection A of | 0007| this section. | 0008| C. The money distributed from the court facilities | 0009| fund to the New Mexico finance authority shall be pledged | 0010| irrevocably for the payment of the principal, interest and other | 0011| expenses or obligations related to the bonds. | 0012| D. At the end of each fiscal year, any money | 0013| remaining in the special bond fund or account from distributions | 0014| made to the authority during that fiscal year, after all | 0015| principal, interest and other expenses or obligations related to | 0016| the bonds in that fiscal year are fully paid, shall be | 0017| transferred to the magistrate court fund. Upon payment of all | 0018| principal, interest and other expenses or obligations related to | 0019| the bonds, the authority shall certify to the administrative | 0020| office of the courts that all obligations for the bonds issued | 0021| pursuant to this section have been fully discharged and direct | 0022| the administrative office of the courts and the state treasurer | 0023| to cease distributing money from the court facilities fund to the | 0024| authority. | 0025| E. Any law imposing court facilities fees, | - 13 - 0001| authorizing the collection of court facilities fees or directing | 0002| deposits into the court facilities fund or distribution of the | 0003| money in the court facilities fund to the New Mexico finance | 0004| authority shall not be amended, repealed or otherwise directly or | 0005| indirectly modified so as to impair outstanding revenue bonds | 0006| that may be secured by a pledge of the distributions from the | 0007| court facilities fund to the New Mexico finance authority, unless | 0008| the revenue bonds have been discharged in full or provisions have | 0009| been made for a full discharge. | 0010| F. The New Mexico finance authority may additionally | 0011| secure the revenue bonds issued pursuant to this section by a | 0012| pledge of money in the public project revolving fund with a lien | 0013| priority on the money in the public project revolving fund as | 0014| determined by the authority. | 0015| Section 10. EFFECTIVE DATE.--The effective date of the | 0016| provisions of this act is July 1, 1998. | 0017| |