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SENATE BILL 432
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Steve D. Lanier and Pat Woods
AN ACT
RELATING TO BEHAVIORAL HEALTH; CREATING THE BEHAVIORAL HEALTH
GRANT PROGRAM AND THE BEHAVIORAL HEALTH GRANT PROGRAM FUND;
MAKING DISTRIBUTIONS TO THE BEHAVIORAL HEALTH GRANT PROGRAM
FUND FROM NET RECEIPTS ATTRIBUTABLE TO THE LIQUOR EXCISE TAX
AND THE CANNABIS EXCISE TAX; DISTRIBUTING A PORTION OF THE
LIQUOR EXCISE TAX TO THE HEALTH CARE AUTHORITY TO INCREASE
MEDICAID REIMBURSEMENT FOR COMMUNITY-BASED PROGRAMS AND
SERVICES FOR THE PREVENTION, TREATMENT AND SCREENING OF
BEHAVIORAL HEALTH ISSUES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] BEHAVIORAL HEALTH GRANT
PROGRAM.--
A. The division shall establish a behavioral health
grant program to make grants to municipalities and counties for
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new or existing community-based programs or services for the
prevention, treatment and screening of behavioral health
issues. Grants shall be awarded by the division pursuant to
the advice and recommendation of the behavioral health services
division of the health care authority and the interagency
behavioral health purchasing collaborative.
B. In awarding grants, the division shall:
(1) give consideration to a broad range of
approaches to prevention, treatment and screening of behavioral
health issues and prioritize those that are evidence-based or
research-based;
(2) make grants only to counties that submit
an adopted county behavioral health plan or municipalities that
submit an adopted municipal behavioral health plan;
(3) consult with the behavioral health
services division of the health care authority to develop and
use guidelines to ensure equity when prioritizing and selecting
grant recipients that take into consideration geographic
allocation, per capita deaths or accidents related to
behavioral health issues, needs-based assessments, population
and availability of existing programs and services; and
(4) not make grants for programs or services
that are inconsistent with the statewide master plan developed
by the interagency behavioral health purchasing collaborative
pursuant to Section 24A-3-1 NMSA 1978.
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C. The division may prioritize innovative or model
programs and programs designed to prevent, treat and screen
behavioral health issues of children.
D. A municipality or county seeking a grant shall
apply to the division on forms and in the manner required by
the division.
E. As used in this section:
(1) "division" means the local government
division of the department of finance and administration;
(2) "evidence-based" means that a program,
service or activity:
(a) incorporates methods demonstrated to
be effective for the intended population through scientifically
based research, including statistically controlled evaluations
or randomized trials;
(b) can be implemented with a set of
procedures to allow successful replication in New Mexico; and
(c) when possible, has been determined
to be cost beneficial; and
(3) "research-based" means that a program,
service or activity has some research demonstrating
effectiveness, but does not yet meet the standard of
evidence-based.
SECTION 2. [NEW MATERIAL] BEHAVIORAL HEALTH GRANT PROGRAM
FUND.--The "behavioral health grant program fund" is created as
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a nonreverting fund in the state treasury. The fund consists
of distributions, appropriations, gifts, grants, donations and
income from investment of the fund. The local government
division of the department of finance and administration shall
administer the fund. Money in the fund is subject to
appropriation by the legislature for the purposes of awarding
grants pursuant to Section 1 of this 2025 act. Expenditures
from the fund shall be by warrant of the secretary of finance
and administration pursuant to vouchers signed by the director
of the local government division or the director's authorized
representative.
SECTION 3. [NEW MATERIAL] ADMINISTRATION OF BEHAVIORAL
HEALTH GRANT PROGRAM--RULES.--The local government division of
the department of finance and administration shall:
A. administer and evaluate the behavioral health
grant program; and
B. promulgate rules necessary for operation of the
behavioral health grant program, including:
(1) eligibility requirements;
(2) forms and procedures for the application
process;
(3) documentation to be provided by the
applicant to ensure compliance with the program requirements;
(4) procedures and guidelines for review,
evaluation and approval of grant awards; and
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(5) procedures and guidelines for oversight,
evaluation and audit of grantees to ensure that grants are
being administered in the manner and for the purposes that the
grants were awarded, including submission by each grantee of an
annual report on the data, outcomes and effectiveness of its
programs and services.
SECTION 4. Section 7-1-6.40 NMSA 1978 (being Laws 1997,
Chapter 182, Section 1, as amended) is amended to read:
"7-1-6.40. DISTRIBUTION OF LIQUOR EXCISE TAX--LOCAL DWI
GRANT FUND--CERTAIN MUNICIPALITIES--DRUG COURT FUND--BEHAVIORAL
HEALTH GRANT PROGRAM FUND--HEALTH CARE AUTHORITY .--
A. A distribution pursuant to Section 7-1-6.1 NMSA
1978 in an amount equal to forty-five percent of the net
receipts attributable to the liquor excise tax shall be made to
the local DWI grant fund.
B. A distribution pursuant to Section 7-1-6.1 NMSA
1978 of twenty thousand seven hundred fifty dollars ($20,750)
monthly from the net receipts attributable to the liquor excise
tax shall be made to a municipality that is located in a class
A county and that has a population according to the most recent
federal decennial census of more than thirty thousand but less
than sixty thousand and shall be used by the municipality only
for the provision of alcohol treatment and rehabilitation
services for street inebriates.
C. [Beginning July 1, 2019 ] A distribution pursuant
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to Section 7-1-6.1 NMSA 1978 in an amount equal to five percent
of the net receipts attributable to the liquor excise tax shall
be made to the drug court fund.
D. A distribution pursuant to Section 7-1-6.1 NMSA
1978 in an amount equal to two percent of the net receipts
attributable to the liquor excise tax shall be made to the
behavioral health grant program fund.
E. A distribution pursuant to Section 7-1-6.1 NMSA
1978 in an amount equal to two percent of the net receipts
attributable to the liquor excise tax shall be made to the
health care authority to increase medicaid reimbursement for
new or existing programs or services for the prevention,
treatment and screening of behavioral health issues. "
SECTION 5. Section 7-1-6.68 NMSA 1978 (being Laws 2021
(1st S.S.), Chapter 4, Section 50, as amended) is amended to
read:
"7-1-6.68. DISTRIBUTION--CANNABIS EXCISE TAX--
MUNICIPALITIES AND COUNTIES--BEHAVIORAL HEALTH GRANT PROGRAM
FUND.--
A. A distribution pursuant to Section 7-1-6.1 NMSA
1978 shall be made to each municipality, subject to any
increase or decrease made pursuant to Section 7-1-6.15 NMSA
1978, in an amount equal to thirty-three and thirty-three
hundredths percent of the net receipts attributable to the
cannabis excise tax from business locations within the
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municipality as reported pursuant to Section 7-42-4 NMSA 1978.
B. A distribution pursuant to Section 7-1-6.1 NMSA
1978 shall be made to each county in an amount equal to thirty-
three and thirty-three hundredths percent of the net receipts
attributable to the cannabis excise tax from business locations
within the county area of the county as reported pursuant to
Section 7-42-4 NMSA 1978.
C. A distribution pursuant to Section 7-1-6.1 NMSA
1978 shall be made to the behavioral health grant program fund
in an amount equal to five percent of the net receipts
attributable to the cannabis excise tax.
[C.] D. The department may deduct an amount not to
exceed three percent of the distributions made pursuant to this
section for the reasonable costs for administering the
distributions.
[D.] E. As used in this section, "county area"
means that portion of a county located outside the boundaries
of any municipality."
SECTION 6. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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