AN ACT
RELATING TO ALCOHOL; PROVIDING THAT
MONEY IN THE LOCAL DWI GRANT FUND MAY BE USED FOR PROGRAMS TO REDUCE OR PREVENT
THE INCIDENCE OF DOMESTIC ABUSE RELATED TO ALCOHOLISM OR ALCOHOL ABUSE;
AMENDING SECTIONS OF THE LOCAL DWI GRANT PROGRAM ACT.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 11-6A-3 NMSA 1978 (being Laws 1993,
Chapter 65, Section 3, as amended) is amended to read:
"11-6A-3. LOCAL DWI GRANT PROGRAM--FUND.--
A. The division shall establish a local DWI
grant program to make grants to municipalities or counties for:
(1) new, innovative or model programs, services
or activities to prevent or reduce the incidence of DWI, alcoholism, alcohol
abuse, drug addiction or drug abuse; and
(2) programs, services or activities to prevent or
reduce the incidence of domestic abuse related to DWI, alcoholism, alcohol
abuse, drug addiction or drug abuse.
B. Grants shall be awarded by the council
pursuant to the advice and recommendations of the division.
C. The "local DWI grant fund" is
created in the state treasury and shall be administered by the division. Two million five hundred thousand dollars
($2,500,000) of liquor excise tax revenues distributed to the fund and all
other money in the fund, other than money appropriated for distribution
pursuant to Subsections D and E of this section and money appropriated for DWI
program distributions, are appropriated to the division to make grants to
municipalities and counties upon council approval in accordance with the
program established under the Local DWI Grant Program Act and to evaluate DWI
grantees and the local DWI grant program.
Money in the fund may be used for drug courts. An amount equal to the liquor excise tax
revenues distributed annually to the fund less five million six hundred
thousand ($5,600,000) is appropriated to the division to make DWI program
distributions to counties upon council approval of programs in accordance with
the provisions of the Local DWI Grant Program Act. No more than six hundred thousand dollars
($600,000) of liquor excise tax revenues distributed to the fund in any fiscal
year shall be expended for administration of the grant program. Balances in the fund at the end of any fiscal
year shall not revert to the general fund.
D. Two million eight hundred thousand dollars
($2,800,000) of the liquor excise tax revenues distributed to the local DWI
grant fund is appropriated to the division for distribution to the following
counties in the following amounts for funding of alcohol detoxification and
treatment facilities:
(1) one million seven hundred thousand dollars
($1,700,000) to class A counties with a population of over three hundred
thousand persons according to the 1990 federal decennial census;
(2) three hundred thousand dollars ($300,000)
each to counties reclassified in 2002 as class A counties with a population of
more than ninety thousand but less than one hundred thousand persons according
to the 1990 federal decennial census;
(3) two hundred thousand dollars ($200,000) to
class B counties with a population of more than thirty thousand but less than
forty thousand persons according to the 1990 federal decennial census;
(4) one hundred fifty thousand dollars ($150,000)
to class B counties with a population of more than sixty-two thousand but less
than sixty-five thousand persons according to the 1990 federal decennial
census; and
(5) one hundred fifty thousand dollars ($150,000)
to class B counties with a population of more than thirteen thousand but less
than fifteen thousand persons according to the 1990 federal decennial census.
E. Three hundred thousand dollars ($300,000) of
the liquor excise tax revenues distributed to the local DWI grant fund is
appropriated to the division for the interlock device fund to cover the costs
of installing and removing ignition interlock devices for indigent people who
are required, pursuant to convictions under Section 66-8-102 NMSA 1978, to
install those devices in their vehicles.
F. In awarding DWI grants to local communities,
the council:
(1) may fund new or existing innovative or model
programs, services or activities designed to prevent or reduce the incidence of
DWI, alcoholism or alcohol abuse;
(2) may fund existing community-based programs,
services or facilities for prevention, screening and treatment of alcoholism
and alcohol abuse;
(3) may fund new or existing innovative or model
programs, services or activities of any kind designed to prevent or reduce the
incidence of domestic abuse related to DWI, alcoholism or alcohol abuse;
(4) may fund existing community-based programs,
services or facilities for prevention and treatment of domestic abuse related
to DWI, alcoholism or alcohol abuse;
(5) shall give consideration to a broad range of
approaches to prevention, education, screening, treatment or alternative
sentencing, including programs that combine incarceration, treatment and
aftercare, to address the problem of DWI, alcoholism or alcohol abuse; and
(6) shall make grants only to counties or
municipalities in counties that have established a DWI planning council and
adopted a county DWI plan or are parties to a multicounty DWI plan that has
been approved by the council and approved pursuant to Chapter 43, Article 3
NMSA 1978 and only for programs, services or activities consistent with that
plan. A DWI plan shall also comply with
local DWI grant program rules and guidelines.
G. The council shall use the criteria in
Subsection F of this section to approve DWI programs, services or activities
for funding through the county DWI program distribution. Sixty-five percent of the DWI grants awarded
to local communities shall be used for alcohol-related treatment and
detoxification programs."
Section 2. Section 11-6A-5 NMSA 1978 (being Laws 1993,
Chapter 65, Section 5, as amended) is amended to read:
"11-6A-5. ADMINISTRATION OF LOCAL DWI GRANT PROGRAM AND
COUNTY DWI PROGRAM DISTRIBUTION--REGULATIONS.--
A. The division shall administer and evaluate
the local DWI grant program and the county DWI program distribution and shall
serve as staff to the council.
B. The division, with the advice and approval of
the council, shall adopt regulations necessary for operation of the local DWI
grant program and the county DWI program distribution, including:
(1) forms and procedures for the application
process for the local DWI grant program and the county DWI program
distribution;
(2) documentation to be provided by the applicant
to assure compliance with the grant and the county DWI program distribution
guidelines and other provisions of the Local DWI Grant Program Act;
(3) procedures and guidelines for review,
evaluation and approval of grant awards and for review and approval of programs
to be funded by the county DWI program distribution;
(4) procedures and guidelines for oversight,
evaluation and audit of DWI grantees to assure that grants are being
administered in the manner and for the purposes that the grants were awarded;
and
(5) design of an evaluation mechanism for DWI
grant programs, distributions and services and submission by each DWI grantee
of an annual report or other data on each local DWI grant program, distribution
or service and its effectiveness and outcomes."
Section 3. Section 11-6A-6 NMSA 1978 (being Laws 1997,
Chapter 182, Section 2, as amended) is amended to read:
"11-6A-6. DISTRIBUTION OF CERTAIN LOCAL DWI GRANT
PROGRAM FUNDS--APPROVAL OF PROGRAMS.--
A. An amount equal to the liquor excise tax
revenues distributed to the local DWI grant fund for the fiscal year less five
million six hundred thousand dollars ($5,600,000) shall be available for
distribution in accordance with the formula in Subsection B of this section to each
county for council-approved DWI programs, services or activities; provided that
each county shall receive a minimum distribution of at least one-half percent
of the money available for distribution.
B. Each county shall be eligible for a DWI
program distribution in an amount derived by multiplying the total amount of
money available for distribution by a percentage that is the average of the
following two percentages:
(1) a percentage equal to a fraction, the
numerator of which is the retail trade gross receipts in the county and the
denominator of which is the total retail trade gross receipts in the state; and
(2) a percentage equal to a fraction, the
numerator of which is the number of alcohol-related injury crashes in the
county and the denominator of which is the total alcohol-related injury crashes
in the state.
C. A county shall be eligible to receive the
distribution determined pursuant to Subsection B of this section if the board
of county commissioners has submitted to the council a request to use the
distribution for the operation of one or more DWI programs, services or
activities in the county and the request has been approved by the council. The request shall also comply with local DWI
grant program rules and guidelines.
D. No later than April 1 each year, each board
of county commissioners seeking approval for the DWI program distribution
pursuant to this section shall make application to the division for review and
approval by the council for one or more local DWI programs, services or
activities in the county. Application
shall be made on a form and in a manner determined by the division. The council shall approve the programs eligible
for a distribution no later than July 1 of each year. The division shall make the annual
distribution to each county in quarterly installments on or before each
September 10, December 10, March 10 and June 10, beginning in September
2004. The amount available for
distribution quarterly to each county shall be the amount determined by
applying the formula in Subsection B of this section to the amount of liquor
excise tax revenues in the local DWI grant fund at the end of the month prior
to the quarterly installment due date and after one million three hundred
twenty-five thousand dollars ($1,325,000) has been set aside for the DWI grant
program and after the appropriations and distributions pursuant to Subsections
D and E of Section 11‑6A-3 NMSA 1978.
E. If a county does not have a council-approved
DWI program, service or activity or does not need the full amount of the
available distribution, the unused money shall revert to the local DWI grant
fund and may be used by the council for the local DWI grant program.
F. As used in this section:
(1) "alcohol-related injury crashes"
means the average annual number of alcohol-related injury crashes during the
period from January 1, 2000 through December 31, 2002, as determined by the traffic
safety bureau of the state highway and transportation department; and
(2) "retail trade gross receipts" means
the total reported gross receipts attributable to taxpayers reporting under the
retail trade industry sector of the state for the most recent fiscal year as
determined by the taxation and revenue department."
Section 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HAFC/HB 190
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