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