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AN ACT

RELATING TO THE LOCAL DWI GRANT PROGRAM; MAKING A

DISTRIBUTION OF LIQUOR EXCISE TAX REVENUES TO THE LOCAL DWI

GRANT FUND; PROVIDING A FORMULA FOR DISTRIBUTION OF LOCAL DWI

GRANT FUNDS; AMENDING THE PURPOSES OF THE LOCAL DWI GRANT

FUND; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING

AN APPROPRIATION.

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

Section 1. A new section of the Tax Administration Act

is enacted to read:

"DISTRIBUTION--LOCAL DWI GRANT FUND.--A distribution

pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the

local DWI grant fund in an amount equal to twenty-seven and

two-tenths percent of the net receipts attributable to the

liquor excise tax."

Section 2. A new section of the Local DWI Grant

Program Act is enacted to read:

"DISTRIBUTION OF CERTAIN 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 two million dollars ($2,000,000) shall be

available for distribution in accordance with the formula in

Subsection B of this section to each county for council-

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approved DWI programs, services or activities, provided that

each county shall receive a minimum distribution of at least

one-half of one 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.

D. No later than August 1 each year, each board

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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 funds no later than September 1 of each

year. The division shall make the annual distribution to

each county in quarterly installments on or before each

October 10, January 10, April 10 and July 10, beginning in

October 1997. 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 fund at the end

of the month prior to the quarterly installment due date and

after five hundred thousand dollars ($500,000) has been set

aside for the DWI grant program.

E. If a county has no 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

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during the period from January 1, 1993 through December 31,

1995, 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 3. Section 11-6A-3 NMSA 1978 (being Laws 1993,

Chapter 65, Section 3) 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 new,

innovative or model programs, services or activities to

prevent or reduce the incidence of DWI, alcoholism and

alcohol abuse. Grants shall be awarded by the council

pursuant to the advice and recommendations of the division.

B. The "local DWI grant fund" is created in the

state treasury and shall be administered by the division.

Two million dollars ($2,000,000) of liquor excise tax

revenues distributed to the fund and all other money in the

fund, other than 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

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DWI Grant Program Act. An amount equal to the liquor excise

tax revenues distributed annually to the fund less two

million dollars ($2,000,000) 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 five percent of

the two million dollars ($2,000,000) 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.

C. In awarding DWI grants to local communities,

the council:

(1) may fund new, innovative or model

programs, services or activities of any kind 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 programs for the treatment and

care of family members and others who suffer from problems

related to alcoholism and alcohol abuse, including persons

with developmental disabilities caused by fetal alcohol

syndrome or alcohol-related birth defects and victims of

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domestic violence;

(4) 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

(5) 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 pursuant to

the Alcoholism and Alcohol Abuse Prevention, Screening and

Treatment Act and only for programs, services or activities

consistent with that plan.

D. The council shall use the criteria in

Subsection C of this section to approve DWI programs, services

or activities for funding through the county DWI program

distribution."

Section 4. Section 11-6A-5 NMSA 1978 (being Laws 1993,

Chapter 65, Section 5) is amended to read:

"11-6A-5. ADMINISTRATION OF DWI GRANT PROGRAM AND

COUNTY DWI PROGRAM DISTRIBUTION--REGULATIONS.--

A. The division shall administer the 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

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the council, shall adopt regulations necessary for operation

of the grant program and the county DWI program distribution,

including:

(1) forms and procedures for the application

process for the 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

grant was awarded; and

(5) design of an evaluation mechanism for

DWI grant programs and services and submission by each grantee

of an annual report on each grant program or service and its

effectiveness and outcomes."

Section 5. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 1998.

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