SB 173 — TRANSFER OF MUNI COURT JURISDICTION

SENATE FINANCE COMMITTEE SUBSTITUTE FOR SENATE BILL 173 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 4 6 8 10 AN ACT RELATING TO COURTS;

SPECIFYING CERTAIN 14 COURT-IMPOSED FEES TO BE REMITTED TO THE STATE.

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

e t 17 SECTION 1.

Section 35-14-1 NMSA 1978 (being Laws 1961, w l n d 18 Chapter 208, Section 1, as amended) is amended to read:

= = 19 "35-14-1.

MUNICIPAL COURT--CREATION.-- a l i a e r 20 A.

Except for municipalities with a population of a t m m 21 [less] fewer than two thousand five hundred or more than five d r e 22 thousand persons in the [1980 ] most recent federal decennial c e s k 23 census lying within the boundaries of a class A county with a e a n b 24 population of more than two hundred thousand persons in the u [ [last] most recent federal decennial census and municipalities .214389.2 SFC/SB 173 [which] that have adopted an effective ordinance pursuant to Subsection [B] D of this section, there is established a municipal court in each incorporated municipality.

[B.B.

The governing body of a municipality withthat is not governed by home rule, territorial or special charter and having a population offewer onethan ten thousand fivepersons hundredin personsthe orSFC/SB less173 inPage the1 lastmost recent federal decennial censuscensus, where the municipal court is located twenty-five or fewer miles from the nearest magistrate court, may by resolution express its intent to designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances.

TheWithin designationfifteen shalldays befrom bythe adoptedadoption ordinanceof whicha shallresolution notpursuant beto effectivethis untilsection, the expirationgoverning body of the termmunicipality ofshall anycreate incumbenta municipal"municipal judge.]ordinance B.jurisdiction advisory committee".

The governing body of a municipality that is not governed by home rule, territorial or special charter and e e 17 having a population fewer than ten thousand persons in the most e e n d 18 recent federal decennial census, where the municipal court is = = l ] 19 located twenty-five or fewer miles from the nearest magistrate a l r i 20 court, may by resolution express its intent to designate the t e a t magistrate court of the county in which the municipality is m m 21 e d located as the court having jurisdiction over municipal r e 22 c e r c 23 ordinances.

Within fifteen days from the adoption of a e a n b 24 resolution pursuant to this section, the governing body of the u [ municipality shall create a "municipal ordinance jurisdiction .214389.2 - 2 - SFC/SB 173 advisory committee".

SFC/SB 173 Page 2 (2) hear testimony from all interested e e 17 persons, including the mayor, the governing body and the e e n d 18 municipal judge;

and = = l ] 19 (3) submit a report, including recommendations a l r i 20 directly to the governing body of the municipality, with copies t e a t to the mayor and municipal judge.

m m 21 e d D.

Following receipt of a report from the municipal r e 22 c e r c 23 ordinance jurisdiction advisory committee, the governing body e a n b 24 of a municipality may, subject to approval by the supreme u [ court, adopt an ordinance upon a three-fourths' majority vote .214389.2 - 3 - SFC/SB 173 to designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances.

Within five days after the effective date of [the] an ordinance adopted pursuant to Subsection D of this section, the governing body of the municipality shall:

[C.]SFC/SB 173 Page 3 F.

A magistrate court designated pursuant to e e 17 Subsection [B] D of this section shall, with respect to e e n d 18 ordinances of the municipality:

= = l ] 19 (1) follow the rules of procedure for the a l r i 20 municipal courts and the procedures provided by Chapter 35, t e a t Article 15 NMSA 1978;

m m 21 e d (2) impose no fine or sentence greater than r e 22 c e r c 23 that permitted for municipalities;

[and ] e a n b 24 (3) remit monthly to the state [all funds ] the u [ court automation and judicial education fees collected pursuant .214389.2 - 4 - SFC/SB 173 to Subsection B of Section 35-14-11 NMSA 1978 as a result of enforcement of municipal ordinances;

or SFC/SB 173 Page 4 (2) following receipt of a petition signed by e e 17 at least twenty percent of the registered voters who voted in e e n d 18 the last municipal election for the office of mayor:

= = l ] 19 (a) convene a municipal ordinance a l r i 20 jurisdiction advisory committee pursuant to Subsection B of t e a t this section that shall make a report and recommendation, if m m 21 e d any, to the governing body of the municipality;

and r e 22 c e r c 23 (b) the governing body shall indicate e a n b 24 its assent to re-establishment of the municipal court by u [ ordinance." .214389.2SFC/SB -173 Page 5 -25