SB 29 METRO COURTS EMERGENCY PROPERTY RESERVE

Sen Michael Padilla

Actions: [1] SCC/SJC/SFC-SCC

Scheduled: Not Scheduled

 Senate Bill 226969 relates to metropolitan courts and creates the Court Emergency Property Reserve Fund and the Metropolitan Court Parking Fund. The bill provides different docket fees for counties with a metropolitan court, repeals sections of law and appropriates $1,000,000 to the Court Emergency Property Reserve Fund.  

 First, Senate Bill 226969 creates the Metropolitan Court Parking Fund (Parking Fund), which replaces the Court Facilities Fund as the fund responsible for the Metro Court parking facility.  This Parking Fund is administered by the Bernalillo County metropolitan court (Metro Court) and consists of court fees and lease and rental revenues transferred to or deposited in the fund, as well as other donations or appropriations.  The bill removes the requirement that Metro Court provide a yearly long-term user list and parking fee or rent schedule to the New Mexico Finance Authority (NMFA) and removes the requirement that NMFA provide written consent before Metro Court sells or disposes of the parking facility.  

The bill appropriates the balances in the Parking Fund to Metro Court for the primary purpose of maintaining and operating the parking facility.  After the primary purpose of the Fund has been satisfied, Metro Court may use the Parking Fund to partially pay for the costs of emergency or unforeseen repair or replacement of Metro Court property.  Balances in the Parking Fund do not revert to the General Fund. The bill removes the requirement that money received from the sale or disposition of the parking facility be used for the early redemption of any outstanding bonds issued for the facility.  

Second, the bill creates the Court Emergency Property Reserve Fund (Reserve Fund) to be administered by the Administrative Office of the Courts (AOC). The Reserve Fund can be used to pay for emergency or unforeseen repair, reconstruction or replacement of court-owned property not covered by warranty, appropriation or insurance.  Money in the Reserve Fund must be invested by the state treasurer, and unspent balances remain in the fund and do not revert.  

Third, the bill amends the Court Facilities Fund (Facilities Fund).  The bill provides that the Facilities Fund may be used by the AOC to pay the costs of emergency or unforeseen repair, reconstruction or replacement of Metro Court property not covered by warranty, appropriation or insurance.  Unspent balances in the Facilities Fund remain in the fund and do not revert to the General Fund. The bill removes the requirement that all revenue deposited into the Facilities Fund be distributed monthly to the NMFA for deposit in a special bond fund issued to finance the Metro Court and its parking facility.  It removes the provision that when all obligations related to the bonds for the Metro Court and parking facility have been satisfied, the court facilities fee must be eliminated. 

The bill provides for a $72.00 docketing fee in a county with a metropolitan court and $35.00 docketing fee in any other county.  It also removes the $1.00 per page copying fee for computer-generated or electronically transferred copies, which would go towards the Court Automation Fund. 

The bill appropriates $1,000,000 from the General Fund to the Reserve Fund for use in Fiscal Year 2025 and subsequent years. Unspent funds do not revert to the General Fund. 

The bill repeals Sections 6-21-6.13 (Metropolitan Court bond guarantee fund) and 34-9-16 (New Mexico Finance Authority revenue bonds) effective July 1, 2025. 

The effective date of the provisions of the bill addressing the Reserve Fund is July 1, 2024, and the effective date of the provisions of the bill addressing Parking Fund is July 1, 2025.