44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO THE DWI PROGRAM FUND; PERMITTING APPROPRIATIONS FROM THE DWI PROGRAM FUND TO MUNICIPALITIES FOR DWI CASELOAD INCREASES; AMENDING A SECTION OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. Section 6-4-8 NMSA 1978 (being Laws 1993, Chapter 65, Section 20) is amended to read:

"6-4-8. DWI PROGRAM FUND CREATED--APPROPRIATION.--

A. The "DWI program fund" is created in the state treasury and shall be administered by the department of finance and administration. Money in the fund is subject to appropriation by the legislature to the agencies and for the purposes specified and in accordance with the limitations and requirements in this section. Balances in the fund at the end of any year shall not revert to the general fund.

B. Money in the DWI program fund may be appropriated to any of the following agencies for the following purposes:

(1) to the department of health to contract for community DWI programs and services and for alcoholism and alcohol abuse prevention, screening and treatment programs and services pursuant to the Alcoholism and Alcohol Abuse Prevention, Screening and Treatment Act;

(2) to the children, youth and families department to provide public school health education and counseling programs that emphasize alcohol abuse prevention;

(3) to the traffic safety bureau of the state highway and transportation department for DWI education, awareness and information programs;

(4) to the department of public safety to provide additional special investigators for enforcement of the Liquor Control Act;

(5) to the alcohol and gaming division of the regulation and licensing department for enforcement of the provisions of the Liquor Control Act and administration of the Alcohol Server Education Act [if enacted into law by the first session of the forty-first legislature];

(6) to the public defender department for costs related to workload increases due to increases in DWI caseloads;

(7) to the district attorneys for costs related to workload increases due to increases in DWI caseloads;

(8) to the magistrate courts division of the administrative office of the courts for magistrate court costs related to workload increases due to increases in DWI caseloads, including costs of probation services;

(9) to the Bernalillo county metropolitan court for costs related to workload increases due to increases in DWI caseloads;

(10) to the district courts for costs related to workload increases due to increases in DWI caseloads;

(11) to the taxation and revenue department for DWI costs; [and]

(12) to the school of medicine at the university of New Mexico for prevention, research and intervention in the field of fetal alcohol syndrome; and

(13) to municipalities for costs related to workload increases for municipal employees, municipal courts, city attorneys and municipal public defenders due to increases in DWI caseloads.

C. [Prior to the second session of the forty-first legislature] Agencies eligible for funds under this section shall determine their needs for such purposes and develop recommendations with supporting data to justify the need for increased funding to expand existing programs and services or to implement new programs and services. The agencies shall develop these recommendations as part of the budget process as specified in Sections 6-3-18 through [6-3-22] 6-3-25 NMSA 1978."