HOUSE BILL 302
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
Kelly K. Fajardo
AN ACT
RELATING TO DWI GRANT PROGRAMS; TRANSFERRING THE ADMINISTRATION OF THE LOCAL DWI GRANT PROGRAM ACT FROM THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO THE HUMAN SERVICES DEPARTMENT; REVISING THE REPORTING PERIOD FOR ALCOHOL-RELATED INJURY CRASHES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 11-6A-1 NMSA 1978 (being Laws 1993, Chapter 65, Section 1) is amended to read:
"11-6A-1. SHORT TITLE.--[Sections 1 through 5 of this act] Chapter 11, Article 6A NMSA 1978 may be cited as the "Local DWI Grant Program Act"."
SECTION 2. Section 11-6A-2 NMSA 1978 (being Laws 1993, Chapter 65, Section 2) is amended to read:
"11-6A-2. DEFINITIONS.--As used in the Local DWI Grant Program Act:
A. "council" means the DWI grant council; and
B. "division" means the [local government division of the department of finance and administration] behavioral health services division of the human services department."
SECTION 3. Section 11-6A-4 NMSA 1978 (being Laws 1993, Chapter 65, Section 4, as amended) is amended to read:
"11-6A-4. DWI GRANT COUNCIL--MEMBERSHIP--DUTIES.--
A. The "DWI grant council" is created and shall consist of the president of the New Mexico municipal league or [his] the president's designee, the president of the New Mexico association of counties or [his] the president's designee, the secretary of health or the secretary's designee, the secretary of [finance and administration] human services or the secretary's designee, the chief of the traffic safety bureau of the [state highway and transportation] department of transportation and two representatives of local governing bodies who shall be appointed by the governor so as to provide geographic diversity.
B. Appointed members shall be appointed to a two-year term. In the event of a vacancy, the governor shall appoint a member for the remainder of the term.
C. The council shall meet as necessary to receive applications, consider grant requests and award DWI grants pursuant to the Local DWI Grant Program Act. All actions of the council require the affirmative vote of a majority of the members of the council.
D. Members of the council shall be reimbursed for per diem and mileage in accordance with the Per Diem and Mileage Act."
SECTION 4. 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] most recent year for which a full year's data are available, as determined by the traffic safety bureau of the [state highway and transportation] department of transportation; 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 5. TEMPORARY PROVISION--TRANSFERS.--On July 1, 2016:
A. all functions; records; appropriations; contract funds; funds for contract administration, staff, training and other costs relating to the local DWI grant program; money; property; equipment; and supplies of the department of finance and administration relating to the local DWI grant program shall be transferred to the human services department;
B. all contractual obligations of the department of finance and administration relating to the local DWI grant program shall be binding on the human services department; and
C. all rules of the department of finance and administration relating to the local DWI grant program shall be deemed rules of the human services department.
SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.
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