0001| HOUSE BILL 108 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| RICK MIERA | 0005| | 0006| | 0007| | 0008| FOR THE DWI OVERSIGHT TASK FORCE | 0009| | 0010| AN ACT | 0011| RELATING TO THE LOCAL DWI GRANT PROGRAM; MAKING A DISTRIBUTION | 0012| OF LIQUOR EXCISE TAX REVENUES TO THE LOCAL DWI GRANT FUND; | 0013| PROVIDING A FORMULA FOR DISTRIBUTION OF LOCAL DWI GRANT FUNDS; | 0014| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN | 0015| APPROPRIATION. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. A new section of the Tax Administration Act is | 0019| enacted to read: | 0020| "[NEW MATERIAL] DISTRIBUTION--LOCAL DWI GRANT FUND.--A | 0021| distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be | 0022| made to the local DWI grant fund in an amount equal to twenty- | 0023| seven and two-tenths percent of the net receipts attributable | 0024| to the liquor excise tax." | 0025| Section 2. A new section of the Local DWI Grant Program | 0001| Act is enacted to read: | 0002| "[NEW MATERIAL] DISTRIBUTION OF CERTAIN DWI GRANT | 0003| PROGRAM FUNDS--APPROVAL OF PROGRAMS.-- | 0004| A. An amount equal to the liquor excise tax | 0005| revenues distributed to the local DWI grant fund for the fiscal | 0006| year less two million dollars ($2,000,000) shall be available | 0007| for distribution in accordance with the formula in Subsection B | 0008| of this section to each county for council-approved DWI | 0009| programs, services or activities, provided that each county | 0010| shall receive a minimum distribution of at least one-half of | 0011| one percent of the money available for distribution. | 0012| B. Each county shall be eligible for a DWI program | 0013| distribution in an amount derived by multiplying the total | 0014| amount of money available for distribution by a percentage that | 0015| is the average of the following two percentages: | 0016| (1) a percentage equal to a fraction, the | 0017| numerator of which is the retail trade gross receipts in the | 0018| county and the denominator of which is the total retail trade | 0019| gross receipts in the state; and | 0020| (2) a percentage equal to a fraction, the | 0021| numerator of which is the number of alcohol-related injury | 0022| crashes in the county and the denominator of which is the total | 0023| alcohol-related injury crashes in the state. | 0024| C. A county shall be eligible to receive the | 0025| distribution determined pursuant to Subsection B of this | 0001| section if the board of county commissioners has submitted to | 0002| the council a request to use the distribution for the operation | 0003| of one or more DWI programs, services or activities in the | 0004| county and the request has been approved by the council. | 0005| D. No later than August 1 each year, each board of | 0006| county commissioners seeking approval for the DWI program | 0007| distribution pursuant to this section shall make application to | 0008| the division for review and approval by the council for one or | 0009| more local DWI programs, services or activities in the county. | 0010| Application shall be made on a form and in a manner determined | 0011| by the division. The council shall approve the programs | 0012| eligible for funds no later than September 1 of each year. The | 0013| division shall make the annual distribution to each county in | 0014| quarterly installments on or before each October 10, January | 0015| 10, April 10 and July 10, beginning in October 1997. The | 0016| amount available for distribution quarterly to each county | 0017| shall be the amount determined by applying the formula in | 0018| Subsection B of this section to the amount of liquor excise tax | 0019| revenues in the fund at the end of the month prior to the | 0020| quarterly installment due date and after five hundred thousand | 0021| dollars ($500,000) has been set aside for the DWI grant | 0022| program. | 0023| E. If a county has no council-approved DWI program, | 0024| service or activity or does not need the full amount of the | 0025| available distribution, the unused money shall revert to the | 0001| local DWI grant fund and may be used by the council for the | 0002| local DWI grant program. | 0003| F. As used in this section: | 0004| (1) "alcohol-related injury crashes" means the | 0005| average annual number of alcohol-related injury crashes during | 0006| the period from January 1, 1993 through December 31, 1995, as | 0007| determined by the traffic safety bureau of the state highway | 0008| and transportation department; and | 0009| (2) "retail trade gross receipts" means the | 0010| total reported gross receipts attributable to taxpayers | 0011| reporting under the retail trade industry sector of the state | 0012| for the most recent fiscal year as determined by the taxation | 0013| and revenue department." | 0014| Section 3. Section 11-6A-3 NMSA 1978 (being Laws 1993, | 0015| Chapter 65, Section 3) is amended to read: | 0016| "11-6A-3. LOCAL DWI GRANT PROGRAM--FUND.-- | 0017| A. The division shall establish a local DWI grant | 0018| program to make grants to municipalities or counties for new, | 0019| innovative or model programs, services or activities to prevent | 0020| or reduce the incidence of DWI, alcoholism and alcohol abuse. | 0021| Grants shall be awarded by the council pursuant to the advice | 0022| and recommendations of the division. | 0023| B. The "local DWI grant fund" is created in the | 0024| state treasury and shall be administered by the division. | 0025| [Money in the fund is] Two million dollars ($2,000,000) of | 0001| liquor excise tax revenues distributed to the fund and all | 0002| other money in the fund, other than money appropriated for DWI | 0003| program distributions, are appropriated to the division to | 0004| make grants to municipalities and counties upon council | 0005| approval in accordance with the program established under the | 0006| Local DWI Grant Program Act. An amount equal to the liquor | 0007| excise tax revenues distributed annually to the fund less two | 0008| million dollars ($2,000,000) is appropriated to the division to | 0009| make DWI program distributions to counties upon council | 0010| approval of programs in accordance with the provisions of the | 0011| Local DWI Grant Program Act. No more than five percent of any | 0012| appropriation to the fund in any fiscal year shall be expended | 0013| for administration of the grant program. Balances in the fund | 0014| at the end of any fiscal year shall not revert to the general | 0015| fund. | 0016| C. In awarding DWI grants to local communities, the | 0017| council: | 0018| (1) may fund new, innovative or model | 0019| programs, services or activities of any kind designed to | 0020| prevent or reduce the incidence of DWI, alcoholism or alcohol | 0021| abuse; | 0022| (2) may fund existing community-based | 0023| programs, services or facilities for prevention, screening and | 0024| treatment of alcoholism and alcohol abuse; | 0025| (3) shall give consideration to a broad range | 0001| of approaches to prevention, education, screening, treatment or | 0002| alternative sentencing, including programs that combine | 0003| incarceration, treatment and aftercare, to address the | 0004| [problems] problem of DWI, alcoholism or alcohol abuse; and | 0005| (4) shall make grants only to counties or | 0006| municipalities in counties that have established a DWI planning | 0007| council and adopted a county DWI plan or are parties to a | 0008| multicounty DWI plan that has been approved pursuant to the | 0009| Alcoholism and Alcohol Abuse Prevention, Screening and | 0010| Treatment Act and only for programs, services or activities | 0011| consistent with that plan. | 0012| D. The council shall use the criteria in | 0013| Subsection C of this section to approve DWI programs, services | 0014| or activities for funding through the county DWI program | 0015| distribution." | 0016| Section 4. Section 11-6A-5 NMSA 1978 (being Laws 1993, | 0017| Chapter 65, Section 5) is amended to read: | 0018| "11-6A-5. ADMINISTRATION OF DWI GRANT PROGRAM AND COUNTY | 0019| DWI PROGRAM DISTRIBUTION--REGULATIONS.-- | 0020| A. The division shall administer the DWI grant | 0021| program and the county DWI program distribution and shall | 0022| serve as staff to the council. | 0023| B. The division, with the advice and approval of | 0024| the council, shall adopt regulations necessary for operation of | 0025| the grant program and the county DWI program distribution, | 0001| including: | 0002| (1) forms and procedures for the application | 0003| process for the grant program and the county DWI program | 0004| distribution; | 0005| (2) documentation to be provided by the | 0006| applicant to assure compliance with the grant and the county | 0007| DWI program distribution guidelines and other provisions of | 0008| the Local DWI Grant Program Act; | 0009| (3) procedures and guidelines for review, | 0010| evaluation and approval of grant awards and for review and | 0011| approval of programs to be funded by the county DWI program | 0012| distribution; | 0013| (4) procedures and guidelines for oversight, | 0014| evaluation and audit of DWI grantees to assure that grants are | 0015| being administered in the manner and for the purposes that the | 0016| grant was awarded; and | 0017| (5) design of an evaluation mechanism for DWI | 0018| grant programs and services and submission by each grantee of | 0019| an annual report on each grant program or service and its | 0020| effectiveness and outcomes." | 0021| Section 5. EFFECTIVE DATE.--The effective date of the | 0022| provisions of this act is July 1, 1998. | 0023|  State of New Mexico | 0024| House of Representatives | 0025| | 0001| FORTY-THIRD LEGISLATURE | 0002| FIRST SESSION, 1997 | 0003| | 0004| | 0005| March 3. 1997 | 0006| | 0007| | 0008| Mr. Speaker: | 0009| | 0010| Your TAXATION AND REVENUE COMMITTEE, to whom has | 0011| been referred | 0012| | 0013| HOUSE BILL 108 | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS, amended as follows: | 0017| | 0018| 1. On page 5, lines 10 and 11, strike "any appropriation" | 0019| and insert in lieu thereof "the two million dollars ($2,000,000) | 0020| of liquor excise tax revenues distributed"., | 0021| | 0022| and thence referred to the APPROPRIATIONS AND FINANCE | 0023| COMMITTEE. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| | 0005| | 0006| Jerry W. Sandel, Chairman | 0007| | 0008| | 0009| Adopted Not Adopted | 0010| | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| Date | 0014| | 0015| The roll call vote was 11 For 0 Against | 0016| Yes: 11 | 0017| Excused: Gonzales, Lujan | 0018| Absent: None | 0019| | 0020| | 0021| .116426.1 | 0022| G:\BILLTEXT\BILLW_97\H0108 State of New Mexico | 0023| House of Representatives | 0024| | 0025| FORTY-THIRD LEGISLATURE | 0001| FIRST SESSION, 1997 | 0002| | 0003| | 0004| March 17, 1997 | 0005| | 0006| | 0007| Mr. Speaker: | 0008| | 0009| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0010| whom has been referred | 0011| | 0012| HOUSE BILL 108, as amended | 0013| | 0014| has had it under consideration and reports same with | 0015| recommendation that it DO PASS. | 0016| | 0017| Respectfully submitted, | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| Max Coll, Chairman | 0024| | 0025| | 0001| Adopted Not Adopted | 0002| | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| Date | 0006| | 0007| The roll call vote was 13 For 0 Against | 0008| Yes: 13 | 0009| Excused: Garcia, M.H., Marquardt, Picraux, Taylor, J.P. | 0010| Absent: None | 0011| | 0012| | 0013| G:\BILLTEXT\BILLW_97\H0108 | 0014| | 0015| FORTY-THIRD LEGISLATURE | 0016| FIRST SESSION, 1997 | 0017| | 0018| | 0019| March 18, 1997 | 0020| | 0021| Mr. President: | 0022| | 0023| Your FINANCE COMMITTEE, to whom has been referred | 0024| | 0025| HOUSE BILL 108, as amended | 0001| | 0002| has had it under consideration and reports same with | 0003| recommendation that it DO PASS. | 0004| | 0005| Respectfully submitted, | 0006| | 0007| | 0008| | 0009| | 0010| __________________________________ | 0011| Ben D. Altamirano, Chairman | 0012| | 0013| | 0014| | 0015| Adopted_______________________ Not | 0016| Adopted_______________________ | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| | 0020| | 0021| Date ________________________ | 0022| | 0023| | 0024| The roll call vote was 6 For 0 Against | 0025| Yes: 6 | 0001| No: None | 0002| Excused: Carraro, Eisenstadt, Ingle, Lyons< McKibben | 0003| Absent: None | 0004| | 0005| | 0006| H0108FC1 | 0007| FORTY-THIRD LEGISLATURE | 0008| FIRST SESSION | 0009| | 0010| | 0011| March 20, 1997 | 0012| | 0013| | 0014| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 108, as | 0015| amended | 0016| | 0017| Amendment sponsored by Senator Pauline B. Eisenstadt | 0018| | 0019| | 0020| 1. On page 1, line 13, after the semicolon insert "AMENDING | 0021| THE PURPOSES OF THE LOCAL DWI GRANT FUND;". | 0022| | 0023| 2. On page 5, between lines 22 and 23, insert the following | 0024| new paragraph: | 0025| | 0001| "(3) may fund programs for the treatment and care | 0002| of family members and others who suffer from problems related to | 0003| alcoholism and alcohol abuse, including persons with | 0004| developmental disabilities caused by fetal alcohol syndrome or | 0005| alcohol-related birth defects and victims of domestic violence;". | 0006| | 0007| 3. Renumber the succeeding paragraphs accordingly. | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| __________________________ | 0016| Pauline B. Eisenstadt | 0017| | 0018| | 0019| | 0020| Adopted ___________________ Not Adopted _______________________ | 0021| (Chief Clerk) (Chief Clerk) | 0022| | 0023| | 0024| Date _________________ |