New Mexico 2025 2025 Regular Session

New Mexico Senate Bill SB432 Introduced / Fiscal Note

Filed 03/13/2025

                     
 
Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance 
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they 
are used for other purposes. 
 
F I S C A L    I M P A C T    R E P O R T 
 
 
SPONSOR Lanier/Woods 
LAST UPDATED 
ORIGINAL DATE 3/11/2025 
 
SHORT TITLE Behavioral Health Grant Pgm. & Fund 
BILL 
NUMBER Senate Bill 432 
  
ANALYST Esquibel/Gray 
APPROPRIATION* 
(dollars in thousands) 
FY25 	FY26 
Recurring or 
Nonrecurring 
Fund 
Affected 
 $999.1 Recurring Medicaid State Match 
 $3,536.8 Recurring Medicaid Federal Match 
 $2,749.1 Recurring 
Behavioral Health Grant 
Program Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
REVENUE* 
(dollars in thousands) 
Type FY25 FY26 FY27 FY28 FY29 
Recurring or 
Nonrecurring 
Fund 
Affected 
HCA Medicaid 
earmark 2% 
Liquor Excise 
Tax 
 $999.1 $1,010.2 $1,020. 2 $1,030.9 Recurring 
Medicaid 
State Match 
Behavioral 
Health Grant 
Prog 2% Liquor 
Excise Tax 
 $999.1 $1,010.2 $1,020. 2 $1,030.9 Recurring 
Behavioral 
Health Grant 
Program 
Fund 
Net Impact 
Liquor Excise 
Tax 
 ($1,998.2) ($2020.4) ( $2,040.4) ($2,061.8) Re curring General Fund 
5% Cannabis 
Excise Tax 
 $1,750.0 $1,865. 0 $1,98 5.0 $2,055.0 Recurring 
Behavioral 
Health Grant 
Program 
Fund 
Cannabis Excise 
Tax Impact 
 ($1,750.0) ($1,865. 0) ($1,985.0) ($2,055.0) Recurring General Fund 
Parentheses ( ) indicate revenue decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
BHSD  $51.6 $51.6 $103.2 Recurring General Fund 
DFA LGD $258.5 $258.5 $517.	0 Recurring General Fund 
Total  $310.1 $310.1 $620.2 Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Relates to House Bills 417, 460, and 329 and Senate Bills 1, 2, and 3.  Senate Bill 432 – Page 2 
 
 
Sources of Information
 
 
LFC Files 
 
Agency Analysis Received From 
Administrative Office of the Courts (AOC) Department of Finance and Administration (DFA) 
Department of Health (DOH) 
Health Care Authority (HCA) 
University of New Mexico Health Sciences Center (UNMHSC) 
 
SUMMARY 
 
Synopsis of Senate Bill 432 
 
Senate Bill 432 (SB432) would establish the behavioral health grant program fund as a 
nonreverting fund in the state treasury administered by the Local Government Division (LGD) of 
the Department of Finance and Administration (DFA). 
 
The bill amends 7-1-6.4 NMSA 1978 to distribute 2 percent of net liquor excise tax revenue to 
the behavioral health grant program fund and amends 7-1-6.68 to distribute 5 percent of net 
cannabis excise tax receipts to the behavioral health grant program fund. 
 
SB432 would create the behavioral health grant program within the LGD to make grants to 
municipalities and counties for new or existing community-based behavioral health programs. To 
qualify for grants, local governments must have adopted behavioral health plans and the 
programs or services for which funding is sought must be consistent with the statewide 
behavioral health masterplan adopted by the interagency behavioral health purchasing 
collaborative. Grantmaking may prioritize services for children.  
 
Finally, SB432 would distribute an additional 2 percent of net liquor excise tax revenue to the 
Health Care Authority to increase Medicaid reimbursement for new or existing behavioral health 
programs. 
 
The effective date of this bill is July 1, 2025. 
 
FISCAL IMPLICATIONS  
 
The bill requires a distribution of 2 percent of the net receipts attributable to the liquor excise tax 
to HCA to increase Medicaid reimbursement for new or existing programs or services for the 
prevention, treatment, and screening of behavioral health issues. Two percent of liquor excise tax 
is $999.1 thousand annually, which would generate a federal Medicaid match of $3.5 million, for 
a total of $4.5 million. 
 
The bill would direct 2 percent of liquor excise tax and 5 percent of cannabis excise tax to the 
proposed behavioral health grant program fund. The net total of these two revenue sources for 
FY26 is $2,749.1, from which LGD would award grants to municipalities and counties for new 
or existing community-based programs or services to address behavioral health issues.  Senate Bill 432 – Page 3 
 
 
The Local Government Division of DFA estimates it would require 2 FTE at a cost of $258.5 
thousand to implement the bill. 
 
The Behavioral Health Services Division (BHSD) of HCA estimates it would require two half-
time positions at a cost of $51.6 thousand to implement the bill.  
 
Although the bill does not specify future appropriations, establishing a new grant program could 
create an expectation the program will continue in future fiscal years; therefore, this cost is 
assumed to be recurring. 
 
This bill would create a new fund and in effect provides for continuing appropriations for 
Medicaid and the behavioral health grant program. LFC has concerns with including continuing 
appropriation language in the statutory provisions for newly created funds because it reduces the 
ability of the Legislature to establish spending priorities. 
 
The bill diverts or “earmarks” revenue, representing a recurring loss from the general fund. LFC 
has concerns with including continuing distribution language in the statutory provisions for funds 
because earmarking reduces the ability of the Legislature to establish spending priorities. 
 
SIGNIFICANT ISSUES 
 
The Department of Health’s Indicator-Based Information System indicates New Mexico has 86.6 
alcohol-related deaths per 100 thousand population, and 2,274 New Mexicans died as a result of 
alcohol use in 2021.  
 
According to a 2023 LFC progress report, alcohol is New Mexico’s predominant substance-use 
problem. The state has had the highest alcohol-related death rate in the country for over a decade, 
and the state’s alcohol related death rate grew by 32.4 percent between 2019 and 2021. 
 
According to a 2023 LFC progress report, McKinley, Cibola, Rio Arriba, San Juan, and Socorro 
counties are hotspots of alcohol-related deaths. McKinley, Cibola, Rio Arriba, San Juan, and 
Socorro counties had the highest alcohol-related death rates in 2021, the most recent year for 
which the Department of Health has reported county-level data. These five counties all had death 
rates that exceed 150 per 100 thousand people. Meanwhile, deaths in Bernalillo, McKinley, San 
Juan, Santa Fe, and Sandoval counties made-up 62 percent of all 2021 alcohol-related deaths in 
the state in 2021. 
 
ADMINISTRATIVE IMPLICATIONS  
 
HCA notes BHSD would need to collaborate with DFA’s Local Government Division around 
guidelines when selecting grant recipients with consideration of geographic location, per capita 
deaths or accidents related to behavioral health issues, needs-based assessments, population, and 
availability of existing services. Medicaid would require federal approval of rate changes 
through a State Plan Amendment. Medicaid rate changes can only be made with sustainability of 
ongoing state and federal funding. 
 
 
  Senate Bill 432 – Page 4 
 
 
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP 
 
Senate Bill 432 relates to Senate Bills 1, 2 and 3 which would create the Behavioral Health 
Reform and Investment Act, created a behavioral health trust fund, and appropriate general fund 
revenue for health and safety initiatives; Senate Bill 378,  House Bill 417, and House Bill 460, 
concerning liquor taxes; and House Bill 329, which would create the behavioral health 
purchasing collaborative. 
 
OTHER SUBSTANT IVE ISSUES 
 
The University of New Mexico Health Sciences Center reports the bill proposes to dedicate a 
proportion of the net receipts of the cannabis excise tax for behavioral health treatment. Recent 
research associated legalization of cannabis in Canada with a nearly three-fold increase in the 
share of schizophrenia diagnoses attributable to cannabis use. This risk of increased psychosis 
suggests that there may be more need for behavioral health treatment as access to cannabis 
increases. 
 
RAE/BG/hj/hg