Title
Incorporated County of Los Alamos Code Ordinance 02-357 - A Code Ordinance Amending Chapter 26 (Municipal Court), Article I, Section 6 to Abolish the Corrections Fee, the Mandatory Judicial Education Fee, and the Mandatory Court Automation Fee to Comply with Amendments to State Law that Take Effect July 1, 2024
Recommended Action
I move that Council adopt Incorporated County of Los Alamos Ordinance No. 02-357 A Code Ordinance Amending Chapter 26, Municipal Court, Article I, Section 6 to Abolish the Corrections Fee, the Mandatory Judicial Education Fee, and the Mandatory Court Automation Fee to Comply with Amendments to State Law that Take Effect July 1, 2024 and ask the staff to assure that it is published as provided in the County Charter.
County Manager's Recommendation
The County Manager recommends that Council adopt this Code Ordinance.
Body
On April 5, 2023, HB 139 was signed into law by the Governor. This law becomes effective July 1, 2024. This law eliminates certain fees municipal courts in the state can impose, in particular, the Corrections Fee, the Mandatory Judicial Education Fee, and the Mandatory Court Automation Fee. These fees are codified in the County Code in Section 6, Article 1 of Chapter 26 (Municipal Court).
This amendment removes those fees from the County Code so the County Code will comply with HB 139 which becomes effective on July 1, 2024.
Alternatives
Council could not approve this ordinance. However, if Council does not approve the ordinance the County could not collect these fees as the fees have been abolished by state legislature and the County Code would contain sections that are in derogation of state law.
Fiscal and Staff Impact/Planned Item
The abolishment of the Corrections Fee will result in a loss of less than $10,000.00 that partially funds County jail operations. The abolishment of the other fees will have no fiscal impact on the County.
Attachments
A - Incorporated County of Los Alamos Code Ord...
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