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Friday, December 17, 2010

Senate Bill 3989 (Federal Tax Offset for Judicial Fines and Fees

New Mexico Supreme Court Chief Justice, Charles W. Daniels, today sent a letter to New Mexico Senators Bingaman and Udall, urging them to do whatever they could to assure passage of Senate Bill 3989 (Federal Tax Offset for Judicial Fines and Fees).

Here is what the letter said:

"I am writing to ask for your help with the passage of Senate Bill 3989, which I understand is currently before the Senate Finance Committee.  For the past several years, this legislation has been introduced but has not made it to the President.  

The bill is a good one and should not be controversial.  It would amend the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state judicial agency that a named person owes a past-due and legally enforceable state judicial debt, to pay the debt from any tax refund due to the person.  This legislation will help the New Mexico judiciary enforce court orders against non-compliant parties.    New Mexico House Joint Memorial 73, passed by both houses of the New Mexico State Legislature at the regular session of 2009, requested that Congress enact this legislation.

During this time of financial challenges to government agencies and to the taxpayers who ultimately fund their operations, it is even more vitally important that agencies must pursue collection of lawful fines and fees.  Fines collected from defendants support general fund revenues..  Court costs and fees collected by defendants convicted in the magistrate court system support brain injury services, DWI and domestic violence prevention, traffic safety, corrections, judicial education, and other important programs.

The New Mexico judiciary currently uses a similar state tax intercept system that collects $150,000 per fiscal year.  The ability to collect pursuant to the proposed federal legislation will substantially enhance our ability to collect monies due and to distribute them to agencies that are lawfully entitled to these funds to maintain necessary services for the people of New Mexico.

Thank you for your support on this legislation and for all of your work on behalf of our state and our nation."



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