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F I S C A L I M P A C T R E P O R T

SPONSOR Swisstack

DATE TYPED 2/24/05

HB 956

SHORT TITLE Local DWI Grant Fund Distributions

SB

ANALYST Hadwiger

APPROPRIATION

(in $000s)

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

($300.0)

Recurring Interlock Device

Fund

$300.0

Recurring Local DWI Grant

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB937, HB879.

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Finance and Administration (DFA)

Department of Transportation (DOT)

Public Defender Department (PDD)

Bernalillo County Metropolitan Court (BCMC)

Sixth Judicial District Attorney

SUMMARY

Synopsis of Bill

House Bill 956 adjusts distributions of funds in the Local DWI Grant Fund to increase appropria-

tions by $300,000 to class A counties with a population greater than 300,000 for alcohol detoxi-

fication and treatment programs and to eliminate a $300,000 annual appropriation to the Inter-

lock Device Fund.

Significant Issues

DFA noted that only Bernalillo County would benefit from the increased appropriation in this

bill.

House Bill 956 -- Page 2

DFA also indicated that the Interlock Device Fund is used to provide ignition interlock devices

for indigent persons who are required to install them. This bill would limit the ability to provide

aid to these indigent offenders. The Department of Transportation also expressed this concern,

noting the Interlock Device Fund collects revenue from Local DWI Grant Fund ($300,000/year)

and 10% of all revenues collected from the ignition interlock providers (amount varies and is un-

predictable). Eliminating the only fixed source of revenue could jeopardize having sufficient

funding to accommodate indigent requests. The Public Defender Department (PDD) indicated, if

enacted, the bill would be challenged as a violation of equal protection guarantees.

BCMC noted that, if this redistribution limits the capacity of indigents to utilize an ignition inter-

lock device, the bill may increase the workload for probation officers whose task is to confirm

whether ignition interlocks have been installed as per court orders. If that is the case, additional

appropriations may be required to fund more probation officer positions.

FISCAL IMPLICATIONS

This bill would decrease appropriations to the Interlock Device Fund by $300,000 and increase

appropriations to the Bernalillo County DWI program by the same amount. BCMC indicated

that additional probation officers may be required to confirm that ignition interlock devices are

installed on indigents’ cars. If PDD challenges the constitutionality of the bill, there would be

additional legal fees to defend that lawsuit.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB879 and SB937 amend the same sections of law.

DH/yr