SENATE BILL 207

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO TAXATION; DISTRIBUTING A PORTION OF THE LIQUOR EXCISE TAX TO COUNTIES FOR THE PROVISION OF ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT AND A PORTION TO THE COUNTY ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 7-1-6.40 NMSA 1978 (being Laws 1997, Chapter 182, Section 1, as amended) is amended to read:

     "7-1-6.40. DISTRIBUTION OF LIQUOR EXCISE TAX--LOCAL DWI GRANT FUND--CERTAIN MUNICIPALITIES--DRUG COURT FUND--COUNTIES--COUNTY ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT FUND.--

          A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to forty-five percent of the net receipts attributable to the liquor excise tax shall be made to the local DWI grant fund.

          B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 [of twenty thousand seven hundred fifty dollars ($20,750) monthly from] in an amount equal to one-half percent of the net receipts attributable to the liquor excise tax shall be made to a municipality that is located in a class A county and that has a population according to the most recent federal decennial census of more than thirty thousand but less than sixty thousand and shall be used by the municipality only for the provision of alcohol treatment and rehabilitation services for street inebriates.

          C. [Beginning July 1, 2019] A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to five percent of the net receipts attributable to the liquor excise tax shall be made to the drug court fund.

          D. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to counties in an amount equal to twenty-four percent of the net receipts attributable to the liquor excise tax and shall be used only for the provision of alcohol and substance abuse prevention and treatment. The amount to be distributed to each county shall be in the proportion that the population of each county is to the total population of all counties, according to the most recent federal decennial census.

          E. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the county alcohol and substance abuse prevention and treatment fund in an amount equal to twenty-four percent of the net receipts attributable to the liquor excise tax."

     SECTION 2. [NEW MATERIAL] COUNTY ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT FUND.--

          A. The "county alcohol and substance abuse prevention and treatment fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, donations, interest from investment of the fund and other money distributed to the fund. The fund shall be administered by the local government division of the department of finance and administration, and money in the fund is appropriated to the division to provide grants to counties as provided by this section. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the local government division of the department of finance and administration or the director's designee.

          B. Money in the fund shall be allocated for the purpose of making grants to counties to fund alcohol and substance abuse prevention and treatment programs. The money shall be used to provide all or a portion of the non-federal share of medicaid services directed to alcohol and substance abuse prevention and treatment.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2022.

- 4 -