HOUSE BILL 588

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Al Park

AN ACT

RELATING TO PUBLIC SAFETY; CREATING THE PUBLIC SAFETY EQUIPMENT FUND; IMPOSING A FEE ON PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] PUBLIC SAFETY EQUIPMENT FUND.--

          A. The "public safety equipment fund" is created in the state treasury to be administered by the department of public safety. Interest earned on money in the fund shall be credited to the fund. Balances in the fund shall not revert at the end of any fiscal year.

          B. The public safety equipment fund consists of public safety equipment fees collected pursuant to the provisions of Subsection C of Section 31-12-7 NMSA 1978 from persons convicted of driving under the influence of intoxicating liquor or drugs, and any appropriations, gifts, grants or donations.

          C. All balances in the public safety equipment fund are subject to appropriation to the department of public safety for the purchase of public safety equipment such as ballistic vests, firearms, electronic stun guns, handheld radios, hazardous materials protective clothing and other safety equipment.

          D. Payments from the public safety equipment fund shall be made pursuant to vouchers issued and signed by the secretary of public safety or the secretary's designee upon warrants drawn by the secretary of finance and administration.

     SECTION 2. Section 31-12-7 NMSA 1978 (being Laws 1981, Chapter 367, Section 1, as amended) is amended to read:

     "31-12-7. MOTOR VEHICLES--INFLUENCE OF INTOXICATING LIQUOR OR DRUGS--FEE UPON CONVICTION.--Notwithstanding the provisions of Section 66-8-102 NMSA 1978 or any municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs, a person convicted of a violation of Section 66-8-102 NMSA 1978 or a violation of a municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs shall be assessed by the court, in addition to any other fee or fine:

          A. a fee of eighty-five dollars ($85.00) to defray the costs of chemical and other tests used to determine the influence of liquor or drugs; [and]

          B. a fee of seventy-five dollars ($75.00) to fund comprehensive community programs for the prevention of driving while under the influence of intoxicating liquor or drugs and for other traffic safety purposes; and

          C. a public safety equipment fee of one hundred dollars ($100) to be deposited into the public safety equipment fund."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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