0001| HOUSE BILL 27 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998 | 0003| INTRODUCED BY | 0004| Rick Miera | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO FINANCING COURT FACILITIES; AUTHORIZING THE | 0012| ISSUANCE OF NEW MEXICO FINANCE AUTHORITY REVENUE BONDS FOR A | 0013| NEW COURT BUILDING FOR THE BERNALILLO COUNTY METROPOLITAN | 0014| COURT; IMPOSING FEES; CREATING FUNDS; PROVIDING FOR THE USE OF | 0015| CERTAIN FUNDS FOR MAGISTRATE COURT FACILITIES; AMENDING AND | 0016| ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION; | 0017| DECLARING AN EMERGENCY. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. Section 34-2-5 NMSA 1978 (being Laws 1933, | 0021| Chapter 81, Section 1, as amended) is amended to read: | 0022| "34-2-5. FEES--COLLECTION BY SUPREME COURT CLERK.--The | 0023| clerk of the supreme court shall collect the following fees: | 0024| A. in all cases docketed in the court, except | 0025| those in which statutory exemption exists and those in which | - 1 - 0001| the court on showing of poverty may, by order, waive the fee, | 0002| one hundred twenty-five dollars ($125), twenty-five dollars | 0003| ($25.00) of which shall be deposited in the court automation | 0004| fund and ninety-six dollars ($96.00) of which shall be | 0005| deposited in the court facilities fund; provided that in | 0006| cases in which a skeleton transcript may be filed for the | 0007| purpose of a motion to docket and affirm, the fee shall be | 0008| twenty dollars ($20.00), ten dollars ($10.00) of which shall | 0009| be deposited in the court automation fund and ten dollars | 0010| ($10.00) of which shall be deposited in the court facilities | 0011| fund; | 0012| B. for one copy of files or a record, ten cents | 0013| ($.10) per folio and for additional copies ordered at the same | 0014| time five cents ($.05) per folio; | 0015| C. for comparing copies of files or records | 0016| tendered to him, five cents ($.05) per folio; and | 0017| D. for each certificate, one dollar ($1.00)." | 0018| Section 2. Section 34-5-6 NMSA 1978 (being Laws 1966, | 0019| Chapter 28, Section 6, as amended) is amended to read: | 0020| "34-5-6. COURT OF APPEALS--FEES AND COSTS.-- | 0021| A. The clerk of the court of appeals shall collect | 0022| the following fees: | 0023| docket fee, twenty-five dollars ($25.00) of | 0024| which shall be deposited in the court | 0025| automation fund and one hundred dollars | - 2 - 0001| ($100) of which shall be deposited in | 0002| the court facilities fund . . . . . . . . $125.00 | 0003| docket fee for cases in which a skeleton | 0004| transcript is filed for purpose of a | 0005| motion to docket and affirm, ten | 0006| dollars ($10.00) of which shall be | 0007| deposited in the court automation fund | 0008| and ten dollars ($10.00) of which shall | 0009| be deposited in the court facilities 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 | 0019| proceedings in forma pauperis, from state officers acting in | 0020| their official capacity or in any other case where a statutory | 0021| exemption exists. | 0022| C. Except as otherwise specifically provided by | 0023| law, the clerk of the court of appeals shall pay all fees and | 0024| costs to the state treasurer for credit to the state general | 0025| fund." | - 3 - 0001| Section 3. Section 35-6-1 NMSA 1978 (being Laws 1968, | 0002| Chapter 62, Section 92, as amended by Laws 1997, Chapter 242, | 0003| Section 3 and also by Laws 1997, Chapter 247, Section 1) is | 0004| amended to read: | 0005| "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF | 0006| "CONVICTED".-- | 0007| A. Magistrate judges, including metropolitan court | 0008| judges, shall assess and collect and shall not waive, defer | 0009| or suspend the following costs: | 0010| docket fee, criminal actions under Section 29-5-1 NMSA | 0011| 1978 . . . . . . . . . . . . . . . . . . . . . $ 1.00 | 0012| docket fee, to be collected prior to docketing any other | 0013| criminal action, except as provided in Subsection B | 0014| of Section 35-6-3 NMSA 1978. . . . . . . . . 20.00 | 0015| Proceeds from this docket fee shall be transferred | 0016| to the administrative office of the courts for | 0017| deposit in the court facilities fund. | 0018| docket fee, ten dollars ($10.00) of which shall be | 0019| deposited in the court automation fund, to be | 0020| collected prior to docketing any civil action, except | 0021| as provided in Subsection A of Section 35-6-3 NMSA | 0022| 1978 . . . . . . . . . . . . . . . . . . . . . 47.00 | 0023| jury fee, to be collected from the party demanding trial | 0024| by jury in any civil action at the time the demand is | 0025| filed or made. . . . . . . . . . . . . . . . . 25.00 | - 4 - 0001| copying fee, for making and certifying copies of any | 0002| records in the court, for each page copied by | 0003| photographic process . . . . . . . . . . . . . . .50 | 0004| Proceeds from this copying fee shall be transferred | 0005| to the administrative office of the courts for | 0006| deposit in the court facilities fund. | 0007| copying fee, for computer-generated or electronically | 0008| transferred copies, per page . . . . . . . . . . 1.00. | 0009| Proceeds from this copying fee shall be transferred | 0010| to the administrative office of the courts for | 0011| deposit in the court automation fund. Except as | 0012| otherwise specifically provided by law, docket fees | 0013| shall be paid into the ~~[general]~~ court | 0014| facilities fund. | 0015| B. Except as otherwise provided by law, no other | 0016| costs or fees shall be charged or collected in the magistrate | 0017| or metropolitan court. | 0018| C. The magistrate or metropolitan court may grant | 0019| free process to any party in any civil proceeding or special | 0020| statutory proceeding upon a proper showing of indigency. The | 0021| magistrate or metropolitan court may deny free process if it | 0022| finds that the complaint on its face does not state a cause of | 0023| action. | 0024| D. As used in this subsection, "convicted" means | 0025| the defendant has been found guilty of a criminal charge by | - 5 - 0001| the magistrate or metropolitan judge, either after trial, a | 0002| plea of guilty or a plea of nolo contendere. Magistrate | 0003| judges, including metropolitan court judges, shall assess | 0004| and collect and shall not waive, defer or suspend the | 0005| following costs: | 0006| (1) corrections fee, to be collected upon | 0007| conviction from persons convicted of violating any provision | 0008| of the Motor Vehicle Code involving the operation of a motor | 0009| vehicle, convicted of a crime constituting a misdemeanor or a | 0010| petty misdemeanor or convicted of violating any ordinance that | 0011| may be enforced by the imposition of a term of imprisonment | 0012| . . . . . . . . . . . . . . . . . . . . . . . . . $10.00; | 0013| (2) court automation fee, to be collected upon | 0014| conviction from persons convicted of violating any provision | 0015| of the Motor Vehicle Code involving the operation of a motor | 0016| vehicle, convicted of a crime constituting a misdemeanor or a | 0017| petty misdemeanor or convicted of violating any ordinance that | 0018| may be enforced by the imposition of a term of imprisonment | 0019| . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.00; | 0020| (3) traffic safety fee, to be collected upon | 0021| conviction from persons convicted of violating any provision | 0022| of the Motor Vehicle Code involving the operation of a motor | 0023| vehicle. . . . . . . . . . . . . . . . . . . . . . . 3.00; | 0024| (4) judicial education fee, to be collected upon conviction from persons | 0025| convicted of operating a motor vehicle in violation of the | - 6 - 0001| Motor Vehicle Code, convicted of a crime constituting a | 0002| misdemeanor or a petty misdemeanor or convicted of violating | 0003| any ordinance punishable by a term of | 0004| imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . 1.00; | 0005| ~~[and]~~ | 0006| (5) brain injury services fee, to be collected | 0007| upon conviction from persons convicted of violating any | 0008| provision of the Motor Vehicle Code involving the operation of | 0009| a motor vehicle. . . . . . . . . . . . . . . . . . . . . . . . 5.00; | 0010| and | 0011| (6) court facilities fee, to be collected upon | 0012| conviction from persons convicted of violating any provision | 0013| of the Motor Vehicle Code involving the operation of a motor | 0014| vehicle, convicted of a crime constituting a misdemeanor or a | 0015| petty misdemeanor or convicted of violating any ordinance that | 0016| may be enforced by the imposition of a term of imprisonment as | 0017| follows: | 0018| in a county with a metropolitan court. . . . . . . . . . .14.00 | 0019| in any other county . . . . . . . . . . . . . . . . . . . . | 0020| 10.00. | 0021| E. Metropolitan court judges shall assess and | 0022| collect and shall not waive, defer or suspend as costs a | 0023| mediation fee not to exceed five dollars ($5.00) for the | 0024| docketing of small claims and criminal actions specified by | 0025| metropolitan court rule. Proceeds of the mediation fee shall | - 7 - 0001| be deposited into the metropolitan court mediation fund." | 0002| Section 4. Section 66-8-116.3 NMSA 1978 (being Laws 1989, | 0003| Chapter 320, Section 5, as amended by Laws 1997, Chapter 242, | 0004| Section 5 and also by Laws 1997, Chapter 247, Section 2) is | 0005| amended to read: | 0006| "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL | 0007| FEES.--In addition to the penalty assessment established for | 0008| each penalty assessment misdemeanor, there shall be assessed: | 0009| A. ten dollars ($10.00) to help defray the costs | 0010| of local government corrections; | 0011| B. a court automation fee of ten dollars ($10.00); | 0012| C. a traffic safety fee of three dollars ($3.00), | 0013| which shall be credited to the traffic safety education and | 0014| enforcement fund; | 0015| D. a judicial education fee of one dollar ($1.00), | 0016| which shall be credited to the judicial education fund; | 0017| ~~[and]~~ | 0018| E. a brain injury services fee of five dollars | 0019| ($5.00), which shall be credited to the brain injury services | 0020| fund; and | 0021| F. a court facilities fee as follows: | 0022| in a county with a metropolitan court . . . . . . . . . 14.00 | 0023| in any other county. . . . . . . . . . . . . . . . . . . . | 0024| 10.00." | 0025| Section 5. Section 66-8-119 NMSA 1978 (being Laws 1968, | - 8 - 0001| Chapter 62, Section 159, as amended by Laws 1997, Chapter 242, | 0002| Section 6 and also by Laws 1997, Chapter 247, Section 3) is | 0003| amended to read: | 0004| "66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.-- | 0005| A. The division shall remit all penalty assessment | 0006| receipts, except receipts collected pursuant to Subsections A | 0007| through ~~[E]~~ F of Section 66-8-116.3 NMSA 1978, to the | 0008| state treasurer for credit to the general fund. | 0009| B. The division shall remit all penalty assessment | 0010| fee receipts collected pursuant to: | 0011| (1) Subsection A of Section 66-8-116.3 NMSA 1978 | 0012| to the state treasurer for credit to the local government | 0013| corrections fund; | 0014| (2) Subsection B of Section 66-8-116.3 NMSA 1978 | 0015| to the state treasurer for credit to the court automation | 0016| fund; | 0017| (3) Subsection C of Section 66-8-116.3 NMSA 1978 | 0018| to the state treasurer for credit to the traffic safety | 0019| education and enforcement fund; | 0020| (4) Subsection D of Section 66-8-116.3 NMSA 1978 | 0021| to the state treasurer for credit to the judicial education | 0022| fund; ~~[and]~~ | 0023| (5) Subsection E of Section 66-8-116.3 NMSA 1978 | 0024| to the state treasurer for credit to the brain injury services | 0025| fund; and | - 9 - 0001| (6) Subsection F of Section 66-8-116.3 NMSA | 0002| 1978 to the state treasurer for credit to the court facilities | 0003| fund." | 0004| Section 6. [NEW MATERIAL] MAGISTRATE AND METROPOLITAN | 0005| COURT CAPITAL FUND CREATED--PURPOSE.--The "magistrate and | 0006| metropolitan court capital fund" is created in the state | 0007| treasury and shall be administered by the administrative | 0008| office of the courts. The fund shall consist of money | 0009| transferred to the fund by the New Mexico finance authority or | 0010| from the court facilities fund. Money in the fund shall be | 0011| available for appropriation by the legislature for leasing or | 0012| purchasing, renovating, maintaining, securing, furnishing or | 0013| equipping magistrate or metropolitan court facilities. | 0014| Section 7. [NEW MATERIAL] COURT FACILITIES FUND | 0015| CREATED--ADMINISTRATION--DISTRIBUTION.-- | 0016| A. The "court facilities fund" is created in the | 0017| state treasury and shall be administered by the administrative | 0018| office of the courts. The fund shall consist of court fees | 0019| and lease and rental revenues transferred to or deposited in | 0020| the fund. | 0021| B. All court facilities fees and other revenues | 0022| deposited in the fund shall be distributed monthly to the New | 0023| Mexico finance authority for deposit in a special bond fund or | 0024| account of the authority. The New Mexico finance authority | 0025| may pledge irrevocably all of these distributions to the | - 10 - 0001| authority for the payment of principal, interest and any other | 0002| expenses or obligations related to the bonds issued by the | 0003| authority for financing the acquisition of real property and | 0004| for the design, construction, furnishing and equipping of a | 0005| new court building for the Bernalillo county metropolitan | 0006| court in Albuquerque. | 0007| C. Distributions from the court facilities fund to | 0008| the New Mexico finance authority shall be made upon vouchers | 0009| issued and signed by the director of the administrative office | 0010| of the courts upon warrants drawn by the secretary of finance | 0011| and administration. | 0012| Section 8. [NEW MATERIAL] USE OF BERNALILLO COUNTY | 0013| METROPOLITAN COURT FACILITIES.--The administrative office of | 0014| the courts, as holder of record title to the existing | 0015| Bernalillo county metropolitan court building located on the | 0016| northwest corner of Fourth street and Roma avenue northwest in | 0017| Albuquerque, shall administer and manage the building in | 0018| accordance with the following provisions: | 0019| A. after completion of a new Bernalillo county | 0020| metropolitan court facility with proceeds of bonds issued by | 0021| the New Mexico finance authority, the entire operations, | 0022| judges, staff and personnel associated with the Bernalillo | 0023| county metropolitan court shall be relocated to the new | 0024| facility and the existing facility shall be vacated; | 0025| B. the administrative office of the courts shall | - 11 - 0001| then make the vacated facility ready and available for lease | 0002| or rent to public or private tenants; | 0003| C. rents charged by the administrative office of | 0004| the courts to any public or private tenant for use of the | 0005| facility shall be at rates comparable to rents charged in the | 0006| downtown Albuquerque area for commercial office space; | 0007| D. after payment of any costs of operating and | 0008| maintaining a commercial office facility typically paid by a | 0009| commercial landlord, all lease and rental revenues collected | 0010| by the administrative office of the courts for the facility | 0011| shall be deposited in the court facilities fund; | 0012| E. the administrative office of the courts shall | 0013| provide a certified tenant list and rent schedule for the | 0014| facility to the New Mexico finance authority at the end of | 0015| each fiscal year; | 0016| F. with the prior written consent of the New | 0017| Mexico finance authority, the administrative office of the | 0018| courts may mortgage or encumber the facility or sell or | 0019| otherwise dispose of the facility; provided that no sale or | 0020| disposition of the facility shall be for less than the fair | 0021| market value of the facility as determined by an independent | 0022| real estate appraiser; and | 0023| G. any money received from the sale or other | 0024| disposition of the facility shall be deposited in the court | 0025| facilities fund and used for the early redemption of any | - 12 - 0001| outstanding bonds issued by the New Mexico finance authority | 0002| for financing a new court building for the Bernalillo county | 0003| metropolitan court in Albuquerque. | 0004| Section 9. [NEW MATERIAL] NEW MEXICO FINANCE AUTHORITY | 0005| REVENUE BONDS--PURPOSE--APPROPRIATION.-- | 0006| A. If the fourteen dollar ($14.00) metropolitan | 0007| court facilities fees and the ten dollar ($10.00) magistrate | 0008| court facilities fees provided in Sections 3 and 4 of this act | 0009| are imposed by law and all distributions to the court | 0010| facilities fund provided in this act become law, the New | 0011| Mexico finance authority may issue and sell revenue bonds in | 0012| compliance with the New Mexico Finance Authority Act in | 0013| installments or at one time in an amount not exceeding forty- | 0014| six million five hundred thousand dollars ($46,500,000) for | 0015| the purpose of financing the acquisition of real property for | 0016| and the design, construction, furnishing and equipping of a | 0017| new court building for the Bernalillo county metropolitan | 0018| court in Albuquerque. | 0019| B. The New Mexico finance authority may issue and | 0020| sell revenue bonds authorized by this section when the chief | 0021| judge of the Bernalillo county metropolitan court and the | 0022| court administrator of the Bernalillo county metropolitan | 0023| court certify the need for issuance of the bonds. The net | 0024| proceeds from the sale of the bonds are appropriated to the | 0025| Bernalillo county metropolitan court for the purpose described | - 13 - 0001| in Subsection A of this section. | 0002| C. The money distributed from the court facilities | 0003| fund to the New Mexico finance authority shall be pledged | 0004| irrevocably for the payment of the principal, interest and | 0005| other expenses or obligations related to the bonds. | 0006| D. At the end of each fiscal year, any money | 0007| remaining in the special bond fund or account, after all | 0008| principal, interest and other expenses or obligations related | 0009| to the bonds in that fiscal year are fully paid and after an | 0010| amount not to exceed six hundred thousand dollars ($600,000) | 0011| per year from the annual lease and rental revenues anticipated | 0012| to be deposited in the court facilities fund is retained in | 0013| that fund or account, shall be transferred to the magistrate | 0014| and metropolitan court capital fund. Upon payment of all | 0015| principal, interest and other expenses or obligations related | 0016| to the bonds, the authority shall certify to the | 0017| administrative office of the courts that all obligations for | 0018| the bonds issued pursuant to this section have been fully | 0019| discharged and direct the administrative office of the courts | 0020| and the state treasurer to cease distributing money from the | 0021| court facilities fund to the authority and to transfer the | 0022| money from the court facilities fund to the magistrate and | 0023| metropolitan court capital fund. | 0024| E. Any law imposing court facilities fees, | 0025| authorizing the collection of court facilities fees or | - 14 - 0001| directing deposits into the court facilities fund or | 0002| distribution of the money in the court facilities fund to the | 0003| New Mexico finance authority shall not be amended, repealed or | 0004| otherwise directly or indirectly modified so as to impair | 0005| outstanding revenue bonds that may be secured by a pledge of | 0006| the distributions from the court facilities fund to the New | 0007| Mexico finance authority, unless the revenue bonds have been | 0008| discharged in full or provisions have been made for a full | 0009| discharge. | 0010| F. The New Mexico finance authority may | 0011| additionally secure the revenue bonds issued pursuant to this | 0012| section by a pledge of money in the public project revolving | 0013| fund with a lien priority on the money in the public project | 0014| revolving fund as determined by the authority. | 0015| Section 10. EFFECTIVE DATE.--The effective date of the | 0016| provisions of this act is July 1, 1998; provided that if this | 0017| bill is not enacted into law with an emergency clause, the | 0018| effective date is September 1, 1998. | 0019| Section 11. EMERGENCY.--It is necessary for the public | 0020| peace, health and safety that this act take effect | 0021| immediately. | 0022| |