SB 199 — ADMINISTRATION OF LOCAL DWI GRANT PROGRAM

SENATE BILL 199 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Leo Jaramillo 6 8 10 AN ACT RELATING TO ALCOHOL;

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

Section 11-6A-3 NMSA 1978 (being Laws 1993, e t 17 Chapter 65, Section 3, as amended) is amended to read:

w l n d 18 "11-6A-3.

LOCAL DWI GRANT PROGRAM--FUND.-- = = 19 a l A.

The division shall establish a local DWI grant i a e r 20 program to make grants to municipalities or counties for:

a t m m 21 (1) new, innovative or model programs, d r e 22 services or activities to prevent or reduce the incidence of c e s k 23 DWI, alcoholism, alcohol abuse, drug addiction or drug abuse;

e a n b 24 and u [ (2) programs, services or activities to .228920.2 prevent or reduce the incidence of domestic abuse related to DWI, alcoholism, alcohol abuse, drug addiction or drug abuse.

[Two million five hundred thousand dollars ($2,500,000)] Three million dollars ($3,000,000) of liquor excise tax revenues distributed to the fund and all other money in the fund, other than money appropriated for distribution pursuant SB 199 Page 1 to Subsections D and E of this section and money appropriated for DWI program distributions, are appropriated to the division to make grants to municipalities and counties upon council approval in accordance with the program established under the Local DWI Grant Program Act and to evaluate DWI grantees and the local DWI grant program.

Money in the fund may be used for e t 17 drug courts.

An amount equal to the liquor excise tax revenues w l n d 18 distributed annually to the fund, less [five million six = = 19 a l hundred thousand dollars ($5,600,000)] six million one hundred i a e r 20 thousand dollars ($6,100,000), is appropriated to the division a t m m 21 to make DWI program distributions to counties upon council d r e 22 approval of programs in accordance with the provisions of the c e s k 23 Local DWI Grant Program Act.

No more than [six hundred e a n b 24 thousand dollars ($600,000)] one million one hundred thousand u [ dollars ($1,100,000) of liquor excise tax revenues distributed .228920.2 - 2 - to the fund in any fiscal year shall be expended for administration of the grant program.

(1) one million seven hundred thousand SB 199 Page 2 dollars ($1,700,000) to class A counties with a population of over three hundred thousand persons according to the 1990 federal decennial census;

(2) three hundred thousand dollars ($300,000) each to counties reclassified in 2002 as class A counties with a population of more than ninety thousand but less than one e t 17 hundred thousand persons according to the 1990 federal w l n d 18 decennial census;

= = 19 a l (3) two hundred thousand dollars ($200,000) to i a e r 20 class B counties with a population of more than thirty thousand a t m m 21 but less than forty thousand persons according to the 1990 d r e 22 federal decennial census;

c e s k 23 (4) one hundred fifty thousand dollars e a n b 24 ($150,000) to class B counties with a population of more than u [ sixty-two thousand but less than sixty-five thousand persons .228920.2 - 3 - according to the 1990 federal decennial census;

In awarding DWI grants to local communities, SB 199 Page 3 the council:

(2) may fund existing community-based programs, services or facilities for prevention, screening and e t 17 treatment of alcoholism and alcohol abuse;

w l n d 18 (3) may fund new or existing innovative or = = 19 a l model programs, services or activities of any kind designed to i a e r 20 prevent or reduce the incidence of domestic abuse related to a t m m 21 DWI, alcoholism or alcohol abuse;

d r e 22 (4) may fund existing community-based c e s k 23 programs, services or facilities for prevention and treatment e a n b 24 of domestic abuse related to DWI, alcoholism or alcohol abuse;

u [ (5) shall give consideration to a broad range .228920.2 - 4 - of approaches to prevention, education, screening, treatment or alternative sentencing, including programs that combine incarceration, treatment and aftercare, to address the problem of DWI, alcoholism or alcohol abuse;

and (6) shall make grants only to counties or municipalities in counties that have established a DWI planning council and adopted a county DWI plan or are parties to a multicounty DWI plan that has been approved by the council and approved pursuant to Chapter 43, Article 3 SB 199 Page 4 NMSA 1978 and only for programs, services or activities consistent with that plan.

Sixty-five percent of the DWI grants awarded to e t 17 local communities shall be used for alcohol-related treatment w l n d 18 and detoxification programs." = = 19 a l SECTION 2.

Section 11-6A-6 NMSA 1978 (being Laws 1997, i a e r 20 Chapter 182, Section 2, as amended) is amended to read:

a t m m 21 "11-6A-6.

DISTRIBUTION OF CERTAIN LOCAL DWI GRANT PROGRAM d r e 22 FUNDS--APPROVAL OF PROGRAMS.-- c e s k 23 A.

An amount equal to the liquor excise tax e a n b 24 revenues distributed to the local DWI grant fund for the fiscal u [ year less [five million six hundred thousand dollars .228920.2 - 5 - ($5,600,000)] six million one hundred thousand dollars ($6,100,000) shall be available for distribution in accordance with the formula in Subsection B of this section to each county for council-approved DWI programs, services or activities;

Each county shall be eligible for a DWI program distribution in an amount derived by multiplying the total amount of money available for distribution by a percentage SB 199 Page 5 that is the average of the following two percentages:

and (2) a percentage equal to a fraction, the e t 17 numerator of which is the number of alcohol-related injury w l n d 18 crashes in the county and the denominator of which is the total = = 19 a l alcohol-related injury crashes in the state.

i a e r 20 C.

A county shall be eligible to receive the a t m m 21 distribution determined pursuant to Subsection B of this d r e 22 section if the board of county commissioners has submitted to c e s k 23 the council a request to use the distribution for the operation e a n b 24 of one or more DWI programs, services or activities in the u [ county and the request has been approved by the council.

The .228920.2 - 6 - request shall also comply with local DWI grant program rules and guidelines.

The council shall approve the programs eligible for a distribution no later than July 1 of SB 199 Page 6 each year.

The amount available for distribution quarterly to each county shall be the amount determined by applying the formula in Subsection B of this section to the amount of liquor excise tax e t 17 revenues in the local DWI grant fund at the end of the month w l n d 18 prior to the quarterly installment due date and after [one = = 19 a l million three hundred twenty-five thousand dollars i a e r 20 ($1,325,000)] one million five hundred twenty-five thousand a t m m 21 dollars ($1,525,000) has been set aside for the DWI grant d r e 22 program and after the appropriations and distributions pursuant c e s k 23 to Subsections D and E of Section 11-6A-3 NMSA 1978.

e a n b 24 E.

If a county does not have a council-approved DWI u [ program, service or activity or does not need the full amount .228920.2 - 7 - of the available distribution, the unused money shall revert to the local DWI grant fund and may be used by the council for the local DWI grant program.

(1) "alcohol-related injury crashes" means the average annual number of alcohol-related injury crashes during the period from January 1, 2000 through December 31, 2002, as determined by the traffic safety bureau of the [state highway and transportation] department of transportation;

and (2) "retail trade gross receipts" means the SB 199 Page 7 total reported gross receipts attributable to taxpayers reporting under the retail trade industry sector of the state for the most recent fiscal year as determined by the taxation and revenue department." SECTION 3.

eSB t199 17Page -8 8 -25 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .228920.2