0001|                            HOUSE BILL 140
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                              RICK MIERA
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0005|     
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0006|                                   
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0007|     
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0008|                   FOR THE DWI OVERSIGHT TASK FORCE
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO THE LOCAL DWI GRANT FUND; CHANGING THE AMOUNT OF
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0012|     LIQUOR EXCISE TAX REVENUES THAT MAY BE EXPENDED FOR
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0013|     ADMINISTRATION OF THE LOCAL DWI GRANT FUND; AMENDING A SECTION
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0014|     OF THE LOCAL DWI GRANT PROGRAM ACT.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  That version of Section 11-6A-3 NMSA 1978
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0018|     (being Laws 1993, Chapter 65, Section 3, as amended) that
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0019|     becomes effective on July 1, 1998 is amended to read:
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0020|          "11-6A-3.  LOCAL DWI GRANT PROGRAM--FUND.--
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0021|               A.  The division shall establish a local DWI grant
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0022|     program to make grants to municipalities or counties for new,
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0023|     innovative or model programs, services or activities to
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0024|     prevent or reduce the incidence of DWI, alcoholism and alcohol
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0025|     abuse.  Grants shall be awarded by the council pursuant to the
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<center>- 1 -</center>

0001|     advice and recommendations of the division.
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0002|               B.  The "local DWI grant fund" is created in the
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0003|     state treasury and shall be administered by the division.  Two
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0004|     million dollars ($2,000,000) of liquor excise tax revenues
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0005|     distributed to the fund and all other money in the fund, other
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0006|     than money appropriated for DWI program distributions, are
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0007|     appropriated to the division to make grants to municipalities
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0008|     and counties upon council approval in accordance with the
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0009|     program established under the Local DWI Grant Program Act.  An
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0010|     amount equal to the liquor excise tax revenues distributed
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0011|     annually to the fund less two million dollars ($2,000,000) is
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0012|     appropriated to the division to make DWI program distributions
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0013|     to counties upon council approval of programs in accordance
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0014|     with the provisions of the Local DWI Grant Program Act.  No
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0015|     more than <s>[five]</s> <u>three</u> percent of the <s>[two million
</s>    |
<s></s>0016| <s>    dollars ($2,000,000) of]</s> liquor excise tax revenues
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0017|     distributed to the fund in any fiscal year shall be expended
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0018|     for administration of the grant program.  Balances in the fund
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0019|     at the end of any fiscal year shall not revert to the general
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0020|     fund.
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0021|               C.  In awarding DWI grants to local communities,
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0022|     the council:
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0023|                    (1)  may fund new, innovative or model
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0024|     programs, services or activities of any kind designed to
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0025|     prevent or reduce the incidence of DWI, alcoholism or alcohol
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<center>- 2 -</center>

0001|     abuse;
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0002|                    (2)  may fund existing community-based
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0003|     programs, services or facilities for prevention, screening and
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0004|     treatment of alcoholism and alcohol abuse;
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0005|                    <s>[(4)]</s> <u>(3)</u>  shall give consideration to a
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0006|     broad range of approaches to prevention, education, screening,
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0007|     treatment or alternative sentencing, including programs that
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0008|     combine incarceration, treatment and aftercare, to address the
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0009|     problem of DWI, alcoholism or alcohol abuse; and
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0010|                    <s>[(5)]</s> <u>(4)</u>  shall make grants only to
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0011|     counties or municipalities in counties that have established a
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0012|     DWI planning council and adopted a county DWI plan or are
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0013|     parties to a multicounty DWI plan that has been approved
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0014|     pursuant to the Alcoholism and Alcohol Abuse Prevention,
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0015|     Screening and Treatment Act and only for programs, services or
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0016|     activities consistent with that plan.
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0017|               D.  The council shall use the criteria in
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0018|     Subsection C of this section to approve DWI programs, services
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0019|     or activities for funding through the county DWI program
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0020|     distribution."
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0021|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0022|     provisions of this act is July 1, 1998.
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0023|                                - 3 -
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