NM
New Mexico Senate Bill SB199

New Mexico 2025 Regular Session

New Mexico Senate Bill SB199 Compare Versions

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1-SB 199
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28+SENATE BILL 199
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Leo Jaramillo
2848 AN ACT
2949 RELATING TO ALCOHOL; INCREASING THE AMOUNT OF THE LOCAL DWI
30-GRANT FUND THAT MAY BE USED FOR ADMINISTRATION OF THE LOCAL
31-DWI GRANT PROGRAM.
50+GRANT FUND THAT MAY BE USED FOR ADMINISTRATION OF THE LOCAL DWI
51+GRANT PROGRAM.
3252 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3353 SECTION 1. Section 11-6A-3 NMSA 1978 (being Laws 1993,
3454 Chapter 65, Section 3, as amended) is amended to read:
3555 "11-6A-3. LOCAL DWI GRANT PROGRAM--FUND.--
3656 A. The division shall establish a local DWI grant
3757 program to make grants to municipalities or counties for:
3858 (1) new, innovative or model programs,
3959 services or activities to prevent or reduce the incidence of
4060 DWI, alcoholism, alcohol abuse, drug addiction or drug abuse;
4161 and
4262 (2) programs, services or activities to
43-prevent or reduce the incidence of domestic abuse related to
44-DWI, alcoholism, alcohol abuse, drug addiction or drug abuse.
45-B. Grants shall be awarded by the council pursuant
46-to the advice and recommendations of the division.
47-C. The "local DWI grant fund" is created in the
48-state treasury and shall be administered by the division.
49-Three million dollars ($3,000,000) of liquor excise tax
50-revenues distributed to the fund and all other money in the
51-fund, other than money appropriated for distribution pursuant SB 199
52-Page 2
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78-to Subsections D and E of this section and money appropriated
79-for DWI program distributions, are appropriated to the
80-division to make grants to municipalities and counties upon
81-council approval in accordance with the program established
82-under the Local DWI Grant Program Act and to evaluate DWI
83-grantees and the local DWI grant program. Money in the fund
84-may be used for drug courts. An amount equal to the liquor
85-excise tax revenues distributed annually to the fund, less
86-six million one hundred thousand dollars ($6,100,000), is
87-appropriated to the division to make DWI program
88-distributions to counties upon council approval of programs
89-in accordance with the provisions of the Local DWI Grant
90-Program Act. No more than one million one hundred thousand
91-dollars ($1,100,000) of liquor excise tax revenues
92-distributed to the fund in any fiscal year shall be expended
93-for administration of the grant program. Balances in the
94-fund at the end of any fiscal year shall not revert to the
95-general fund.
96-D. Two million eight hundred thousand dollars
97-($2,800,000) of the liquor excise tax revenues distributed to
98-the local DWI grant fund is appropriated to the division for
99-distribution to the following counties in the following
100-amounts for funding of alcohol detoxification and treatment
101-facilities:
102-(1) one million seven hundred thousand SB 199
103-Page 3
90+prevent or reduce the incidence of domestic abuse related to
91+DWI, alcoholism, alcohol abuse, drug addiction or drug abuse.
92+B. Grants shall be awarded by the council pursuant
93+to the advice and recommendations of the division.
94+C. The "local DWI grant fund" is created in the
95+state treasury and shall be administered by the division. [Two
96+million five hundred thousand dollars ($2,500,000) ] Three
97+million dollars ($3,000,000) of liquor excise tax revenues
98+distributed to the fund and all other money in the fund, other
99+than money appropriated for distribution pursuant to
100+Subsections D and E of this section and money appropriated for
101+DWI program distributions, are appropriated to the division to
102+make grants to municipalities and counties upon council
103+approval in accordance with the program established under the
104+Local DWI Grant Program Act and to evaluate DWI grantees and
105+the local DWI grant program. Money in the fund may be used for
106+drug courts. An amount equal to the liquor excise tax revenues
107+distributed annually to the fund, less [five million six
108+hundred thousand dollars ($5,600,000) ] six million one hundred
109+thousand dollars ($6,100,000) , is appropriated to the division
110+to make DWI program distributions to counties upon council
111+approval of programs in accordance with the provisions of the
112+Local DWI Grant Program Act. No more than [six hundred
113+thousand dollars ($600,000) ] one million one hundred thousand
114+dollars ($1,100,000) of liquor excise tax revenues distributed
115+.228920.2
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129-dollars ($1,700,000) to class A counties with a population of
130-over three hundred thousand persons according to the 1990
143+to the fund in any fiscal year shall be expended for
144+administration of the grant program. Balances in the fund at
145+the end of any fiscal year shall not revert to the general
146+fund.
147+D. Two million eight hundred thousand dollars
148+($2,800,000) of the liquor excise tax revenues distributed to
149+the local DWI grant fund is appropriated to the division for
150+distribution to the following counties in the following amounts
151+for funding of alcohol detoxification and treatment facilities:
152+(1) one million seven hundred thousand dollars
153+($1,700,000) to class A counties with a population of over
154+three hundred thousand persons according to the 1990 federal
155+decennial census;
156+(2) three hundred thousand dollars ($300,000)
157+each to counties reclassified in 2002 as class A counties with
158+a population of more than ninety thousand but less than one
159+hundred thousand persons according to the 1990 federal
160+decennial census;
161+(3) two hundred thousand dollars ($200,000) to
162+class B counties with a population of more than thirty thousand
163+but less than forty thousand persons according to the 1990
131164 federal decennial census;
132-(2) three hundred thousand dollars
133-($300,000) each to counties reclassified in 2002 as class A
134-counties with a population of more than ninety thousand but
135-less than one hundred thousand persons according to the 1990
136-federal decennial census;
137-(3) two hundred thousand dollars ($200,000)
138-to class B counties with a population of more than
139-thirty thousand but less than forty thousand persons
140-according to the 1990 federal decennial census;
141165 (4) one hundred fifty thousand dollars
142166 ($150,000) to class B counties with a population of more than
143167 sixty-two thousand but less than sixty-five thousand persons
144-according to the 1990 federal decennial census; and
145-(5) one hundred fifty thousand dollars
146-($150,000) to class B counties with a population of more than
147-thirteen thousand but less than fifteen thousand persons
148-according to the 1990 federal decennial census.
149-E. Three hundred thousand dollars ($300,000) of
150-the liquor excise tax revenues distributed to the local DWI
151-grant fund is appropriated to the division for the interlock
152-device fund.
153-F. In awarding DWI grants to local communities, SB 199
154-Page 4
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180-the council:
196+according to the 1990 federal decennial census; and
197+(5) one hundred fifty thousand dollars
198+($150,000) to class B counties with a population of more than
199+thirteen thousand but less than fifteen thousand persons
200+according to the 1990 federal decennial census.
201+E. Three hundred thousand dollars ($300,000) of the
202+liquor excise tax revenues distributed to the local DWI grant
203+fund is appropriated to the division for the interlock device
204+fund.
205+F. In awarding DWI grants to local communities, the
206+council:
181207 (1) may fund new or existing innovative or
182208 model programs, services or activities designed to prevent or
183209 reduce the incidence of DWI, alcoholism or alcohol abuse;
184210 (2) may fund existing community-based
185-programs, services or facilities for prevention, screening
186-and treatment of alcoholism and alcohol abuse;
211+programs, services or facilities for prevention, screening and
212+treatment of alcoholism and alcohol abuse;
187213 (3) may fund new or existing innovative or
188-model programs, services or activities of any kind designed
189-to prevent or reduce the incidence of domestic abuse related
190-to DWI, alcoholism or alcohol abuse;
214+model programs, services or activities of any kind designed to
215+prevent or reduce the incidence of domestic abuse related to
216+DWI, alcoholism or alcohol abuse;
191217 (4) may fund existing community-based
192218 programs, services or facilities for prevention and treatment
193-of domestic abuse related to DWI, alcoholism or alcohol
194-abuse;
195-(5) shall give consideration to a broad
196-range of approaches to prevention, education, screening,
197-treatment or alternative sentencing, including programs that
198-combine incarceration, treatment and aftercare, to address
199-the problem of DWI, alcoholism or alcohol abuse; and
200-(6) shall make grants only to counties or
201-municipalities in counties that have established a DWI
202-planning council and adopted a county DWI plan or are parties
203-to a multicounty DWI plan that has been approved by the
204-council and approved pursuant to Chapter 43, Article 3 SB 199
205-Page 5
219+of domestic abuse related to DWI, alcoholism or alcohol abuse;
220+(5) shall give consideration to a broad range
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231-NMSA 1978 and only for programs, services or activities
232-consistent with that plan. A DWI plan shall also comply with
233-local DWI grant program rules and guidelines.
234-G. The council shall use the criteria in
235-Subsection F of this section to approve DWI programs,
236-services or activities for funding through the county DWI
237-program distribution. Sixty-five percent of the DWI
238-grants awarded to local communities shall be used for
239-alcohol-related treatment and detoxification programs."
249+of approaches to prevention, education, screening, treatment or
250+alternative sentencing, including programs that combine
251+incarceration, treatment and aftercare, to address the problem
252+of DWI, alcoholism or alcohol abuse; and
253+(6) shall make grants only to counties or
254+municipalities in counties that have established a DWI planning
255+council and adopted a county DWI plan or are parties to a
256+multicounty DWI plan that has been approved by the council and
257+approved pursuant to Chapter 43, Article 3 NMSA 1978 and only
258+for programs, services or activities consistent with that plan.
259+A DWI plan shall also comply with local DWI grant program rules
260+and guidelines.
261+G. The council shall use the criteria in Subsection
262+F of this section to approve DWI programs, services or
263+activities for funding through the county DWI program
264+distribution. Sixty-five percent of the DWI grants awarded to
265+local communities shall be used for alcohol-related treatment
266+and detoxification programs."
240267 SECTION 2. Section 11-6A-6 NMSA 1978 (being Laws 1997,
241268 Chapter 182, Section 2, as amended) is amended to read:
242-"11-6A-6. DISTRIBUTION OF CERTAIN LOCAL DWI GRANT
243-PROGRAM FUNDS--APPROVAL OF PROGRAMS.--
269+"11-6A-6. DISTRIBUTION OF CERTAIN LOCAL DWI GRANT PROGRAM
270+FUNDS--APPROVAL OF PROGRAMS.--
244271 A. An amount equal to the liquor excise tax
245-revenues distributed to the local DWI grant fund for the
246-fiscal year less six million one hundred thousand dollars
247-($6,100,000) shall be available for distribution in
248-accordance with the formula in Subsection B of this section
249-to each county for council-approved DWI programs, services or
250-activities; provided that each county shall receive a minimum
251-distribution of at least one-half percent of the money
252-available for distribution.
253-B. Each county shall be eligible for a DWI program
254-distribution in an amount derived by multiplying the total
255-amount of money available for distribution by a percentage SB 199
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272+revenues distributed to the local DWI grant fund for the fiscal
273+year less [five million six hundred thousand dollars
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282-that is the average of the following two percentages:
302+($5,600,000)] six million one hundred thousand dollars
303+($6,100,000) shall be available for distribution in accordance
304+with the formula in Subsection B of this section to each county
305+for council-approved DWI programs, services or activities;
306+provided that each county shall receive a minimum distribution
307+of at least one-half percent of the money available for
308+distribution.
309+B. Each county shall be eligible for a DWI program
310+distribution in an amount derived by multiplying the total
311+amount of money available for distribution by a percentage that
312+is the average of the following two percentages:
283313 (1) a percentage equal to a fraction, the
284314 numerator of which is the retail trade gross receipts in the
285315 county and the denominator of which is the total retail trade
286316 gross receipts in the state; and
287317 (2) a percentage equal to a fraction, the
288318 numerator of which is the number of alcohol-related injury
289-crashes in the county and the denominator of which is the
290-total alcohol-related injury crashes in the state.
319+crashes in the county and the denominator of which is the total
320+alcohol-related injury crashes in the state.
291321 C. A county shall be eligible to receive the
292322 distribution determined pursuant to Subsection B of this
293323 section if the board of county commissioners has submitted to
294-the council a request to use the distribution for the
295-operation of one or more DWI programs, services or activities
296-in the county and the request has been approved by the
297-council. The request shall also comply with local DWI grant
298-program rules and guidelines.
299-D. No later than April 1 each year, each board of
300-county commissioners seeking approval for the DWI program
301-distribution pursuant to this section shall make application
302-to the division for review and approval by the council for
303-one or more local DWI programs, services or activities in the
304-county. Application shall be made on a form and in a manner
305-determined by the division. The council shall approve the
306-programs eligible for a distribution no later than July 1 of SB 199
307-Page 7
324+the council a request to use the distribution for the operation
325+of one or more DWI programs, services or activities in the
326+county and the request has been approved by the council. The
327+.228920.2
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333-each year. The division shall make the annual distribution
334-to each county in quarterly installments on or before each
335-September 10, December 10, March 10 and June 10, beginning in
336-September 2004. The amount available for distribution
337-quarterly to each county shall be the amount determined by
338-applying the formula in Subsection B of this section to the
339-amount of liquor excise tax revenues in the local DWI grant
340-fund at the end of the month prior to the quarterly
341-installment due date and after one million five hundred
342-twenty-five thousand dollars ($1,525,000) has been set aside
343-for the DWI grant program and after the appropriations
344-and distributions pursuant to Subsections D and E of
345-Section 11-6A-3 NMSA 1978.
346-E. If a county does not have a council-approved
347-DWI program, service or activity or does not need the full
348-amount of the available distribution, the unused money shall
349-revert to the local DWI grant fund and may be used by the
350-council for the local DWI grant program.
351-F. As used in this section:
352-(1) "alcohol-related injury crashes" means
353-the average annual number of alcohol-related injury
354-crashes during the period from January 1, 2000 through
355-December 31, 2002, as determined by the traffic safety bureau
356-of the department of transportation; and
357-(2) "retail trade gross receipts" means the SB 199
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355+request shall also comply with local DWI grant program rules
356+and guidelines.
357+D. No later than April 1 each year, each board of
358+county commissioners seeking approval for the DWI program
359+distribution pursuant to this section shall make application to
360+the division for review and approval by the council for one or
361+more local DWI programs, services or activities in the county.
362+Application shall be made on a form and in a manner determined
363+by the division. The council shall approve the programs
364+eligible for a distribution no later than July 1 of each year.
365+The division shall make the annual distribution to each county
366+in quarterly installments on or before each September 10,
367+December 10, March 10 and June 10, beginning in September 2004.
368+The amount available for distribution quarterly to each county
369+shall be the amount determined by applying the formula in
370+Subsection B of this section to the amount of liquor excise tax
371+revenues in the local DWI grant fund at the end of the month
372+prior to the quarterly installment due date and after [one
373+million three hundred twenty-five thousand dollars
374+($1,325,000)] one million five hundred twenty-five thousand
375+dollars ($1,525,000) has been set aside for the DWI grant
376+program and after the appropriations and distributions pursuant
377+to Subsections D and E of Section 11-6A-3 NMSA 1978.
378+E. If a county does not have a council-approved DWI
379+program, service or activity or does not need the full amount
380+.228920.2
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408+of the available distribution, the unused money shall revert to
409+the local DWI grant fund and may be used by the council for the
410+local DWI grant program.
411+F. As used in this section:
412+(1) "alcohol-related injury crashes" means the
413+average annual number of alcohol-related injury crashes during
414+the period from January 1, 2000 through December 31, 2002, as
415+determined by the traffic safety bureau of the [state highway
416+and transportation] department of transportation ; and
417+(2) "retail trade gross receipts" means the
384418 total reported gross receipts attributable to taxpayers
385419 reporting under the retail trade industry sector of the state
386420 for the most recent fiscal year as determined by the taxation
387421 and revenue department."
388422 SECTION 3. EFFECTIVE DATE.--The effective date of the
389423 provisions of this act is July 1, 2025.
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