SENATE BILL 499

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; CREATING A TASK FORCE TO STUDY THE FEASIBILITY OF THE IMPLEMENTATION OF DWI DRUNK PREVENTION TECHNOLOGY; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. TEMPORARY PROVISION--DWI DRUNK PREVENTION TECHNOLOGY TASK FORCE.--

          A. The "DWI drunk prevention technology task force" is created. The task force shall function from the date of its appointment until December 15, 2008.

          B. The task force is composed of the following twelve members:

                (1) the director of the alcohol and gaming division of the regulation and licensing department or the director's designee, who shall serve as the chair of the task force;

                (2) the director of the motor vehicle division of the taxation and revenue department or the director's designee;

                (3) the chief of the traffic safety bureau of the department of transportation;

                (4) the secretary of public safety or the secretary's designee;

                (5) a representative from the New Mexico sheriffs' and police association; and

                (6) seven members appointed by the governor, which members shall include at least:

                     (a) one representative from the New Mexico restaurant association;

                     (b) one representative from the New Mexico retailers association;

                     (c) one representative from mothers against drunk driving; and

                     (d) one representative from the New Mexico DWI resource center.

          C. Vacancies on the task force shall be filled by appointment by the original appointing authority.

          D. The alcohol and gaming division of the regulation and licensing department shall provide staff for the task force.

          E. Members of the task force are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

          F. The task force shall study the feasibility of implementing DWI drunk prevention technology in New Mexico that would use driver's licenses to electronically register the amount and type of alcoholic liquor purchased by the holder of a driver's license from a business that sells or serves alcohol to the public. As part of the study, the task force shall:

                (1) review and assess existing DWI drunk prevention technology, including its potential impacts on reducing the problem of DWI in New Mexico and the use of that technology in other states that may serve as models for New Mexico;

                (2) determine the fiscal impact, including any impact on applicable insurance rates, on the following persons and entities that would result from the implementation of the technology:

                     (a) state and local government law enforcement and regulatory agencies;

                     (b) businesses that sell or serve alcohol to the public; and

                     (c) the citizens of New Mexico;

                (3) collaborate with the taxation and revenue department to review incentives that the state could provide to liquor licensees to implement DWI drunk prevention technology; and

                (4) make recommendations to the legislature and the governor by December 1, 2008.

          G. The alcohol and gaming division of the regulation and licensing department may contract, at the direction of the task force, for technological assistance and expertise to carry out its duties pursuant to this section.

     Section 2. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the alcohol and gaming division of the regulation and licensing department for expenditure in fiscal years 2008 and 2009 for the DWI drunk prevention technology task force to expend pursuant to Section 1 of this act, including the acquisition of a pilot project that demonstrates the drunk prevention technology. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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