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AN ACT

RELATING TO THE INTERLOCK DEVICE FUND; CHANGING THE

ADMINISTRATIVE AUTHORITY FOR THE INTERLOCK DEVICE FUND;

EXEMPTING INDIGENTS FROM A FEE; REQUIRING QUARTERLY REMISSION

OF FEES; DECLARING AN EMERGENCY.

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

Section 1. Section 66-8-102.3 NMSA 1978 (being Laws

2002, Chapter 82, Section 2, as amended) is amended to read:

"66-8-102.3. IMPOSING A FEE--CREATING A FUND.--

A. A fee is imposed on a person convicted of

driving while under the influence of intoxicating liquor or

drugs pursuant to Section 66-8-102 NMSA 1978 or adjudicated as

a delinquent on the basis of Subparagraph (a) of Paragraph (1)

of Subsection A of Section 32A-2-3 NMSA 1978 or a person whose

driver's license is revoked pursuant to the provisions of the

Implied Consent Act, in an amount determined by rule of the

traffic safety bureau of the department of transportation not

to exceed one hundred dollars ($100) but not less than fifty

dollars ($50.00) for each year the person is required to

operate only vehicles equipped with an ignition interlock

device in order to ensure the solvency of the interlock device

fund. The fee shall not be imposed on an indigent person.

The fee imposed by this subsection shall be collected by the

vendor who provides an ignition interlock device to the

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person. The vendor shall remit the fees collected on a

quarterly basis to the traffic safety bureau of the department

of transportation.

B. The "interlock device fund" is created in the

state treasury. The fee imposed pursuant to Subsection A of

this section shall be distributed to the fund by the traffic

safety bureau of the department of transportation.

C. All money in the interlock device fund is

appropriated to the traffic safety bureau of the department of

transportation to cover the costs of installing and removing

and one-half of the cost of leasing ignition interlock devices

for indigent people who are required, pursuant to convictions

under Section 66-8-102 NMSA 1978 or adjudications on the basis

of Subparagraph (a) of Paragraph (1) of Subsection A of

Section 32A-2-3 NMSA 1978 or driver's license revocations

pursuant to the provisions of the Implied Consent Act, to

install those devices in their vehicles. Indigency shall be

determined by the sentencing court.

D. Any balance remaining in the interlock device

fund shall not revert to the general fund at the end of any

fiscal year.

E. The interlock device fund shall be administered

by the traffic safety bureau of the department of

transportation. No more than five percent of the money in the

interlock device fund in any fiscal year shall be expended by

the traffic safety bureau of the department of transportation

for the purpose of administering the fund."

Section 2. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately. HB 122

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