45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO HEALTH; PROVIDING FOR A SUBSTANCE ABUSE PROGRAM OPERATED BY A COUNTY, A MUNICIPALITY, THE DEPARTMENT OF HEALTH OR A PRIVATE ORGANIZATION; ENACTING THE SUBSTANCE ABUSE TREATMENT ACT.

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

Section 1. SHORT TITLE.--This act may be cited as the "Substance Abuse Treatment Act".

Section 2. DEFINITIONS.--As used in the Substance Abuse Treatment Act:

A. "department" means the department of health;

B. "fund" means the Substance Abuse Treatment Act fund;

C. "program" means a full array of substance abuse services operated by a county, a municipality, the department or a private organization, individually or jointly, with the purpose of providing services to criminal offenders; and

D. "substance abuser" means any person requesting treatment for substance abuse.

Section 3. SUBSTANCE ABUSE TREATMENT ACT FUND--ESTABLISHED.--There is created in the state treasury a special fund to be known as the "substance abuse treatment act fund". All money appropriated to the fund or accruing to it as a result of gifts, deposits, investments or other sources shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Substance Abuse Treatment Act. The fund shall be for the purpose of providing programs and services for the treatment of substance abusers in the most appropriate settings.

Section 4. FUND--ADMINISTRATION.--The department shall administer the fund and make grants to counties, municipalities or private organizations, individually or jointly, pursuant to the provisions of the Substance Abuse Treatment Act; provided that a grant shall not be made to a private organization that is not a nonprofit organization without the approval of the secretary of health. The department may also utilize the fund to contract directly for programs and services. The department shall use no more than ten percent of the fund for administration and monitoring purposes by the state. In addition, the department shall allow no more than ten percent of a grant from the fund to be used for administrative costs incurred by counties, municipalities and private organizations. After proper notice and public hearings, the department shall adopt regulations that provide standards for qualifications for grants, priorities for awarding of funds and other standards regarding substance abuse and shall review and approve or disapprove all applications submitted pursuant to the provisions of the Substance Abuse Treatment Act. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health.

Section 5. CRITERIA FOR APPLICATIONS.--Counties, municipalities or private organizations, individually or jointly, may apply for grants from the fund, including grants for counties or municipalities to purchase contractual services from private organizations, provided that:

A. the application is for funding a program with priority use being for substance abuse treatment services selected pursuant to the provisions of Section 33-9-7 NMSA 1978;

B. the applicant certifies that it is willing and able to operate the program according to standards provided by the department;

C. the applicant demonstrates the support of key components of the Substance Abuse Treatment Act system; and

D. no class A county as defined in Section

4-44-1 NMSA 1978, alone or in conjunction with any municipality within a class A county, shall receive more than forty-nine percent of any money appropriated to the fund.

Section 6. APPLICATION REVIEW PANEL.--The department shall establish a panel to review all applications for funding under the Substance Abuse Treatment Act. The panel shall make recommendations to the secretary of health regarding each application. The panel shall be appointed by the secretary of health and shall include substance abuse professionals, substance abuse providers and representatives of the general public.

Section 7. ANNUAL REPORT.--The department shall submit an annual report to the governor and the legislature not later than December 15 of each year. The report shall include, but not be limited to, funding awards, program effectiveness, monitoring efforts and future recommendations.

Section 8. APPROPRIATION.--Forty million dollars ($40,000,000) is appropriated from the general fund to the Substance Abuse Treatment Act fund for expenditure in fiscal year 2002 and subsequent fiscal years to carry out the provisions of the Substance Abuse Treatment Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.