Section 66-8-102.3 - Imposing a fee; interlock device fund created. - New Mexico Statutes

66-8-102.3. Imposing a fee; interlock device fund created.

A.     A fee is imposed on a person convicted of driving under the influence of intoxicating liquor or drugs in violation of Section 66-8-102 NMSA 1978 or adjudicated as a delinquent on the basis of Subparagraph (a) of Paragraph (1) of Subsection A of Section 32A-2-3 NMSA 1978 or a person whose driver's license is revoked pursuant to the provisions of the Implied Consent Act [66-8-105 NMSA 1978], in an amount determined by rule of the traffic safety bureau of the department of transportation not to exceed one hundred dollars ($100) but not less than fifty dollars ($50.00) for each year the person is required to operate only vehicles equipped with an ignition interlock device in order to ensure the solvency of the interlock device fund.  The fee shall not be imposed on an indigent person.  

B.     The "interlock device fund" is created in the state treasury.  The fee imposed pursuant to Subsection A of this section shall be collected by the motor vehicle division of the taxation and revenue department and deposited in the interlock device fund.  

C.     All money in the interlock device fund is appropriated to the traffic safety bureau of the department of transportation to cover part of the costs of installing, removing and leasing ignition interlock devices for indigent people who are required, pursuant to convictions under Section 66-8-102 NMSA 1978 or adjudications on the basis of Subparagraph (a) of Paragraph (1) of Subsection A of Section 32A-2-3 NMSA 1978 or driver's license revocations pursuant to the provisions of the Implied Consent Act or as a condition of parole, to install those devices in their vehicles.  Provided that money is available in the interlock device fund, the traffic safety bureau shall pay, for one vehicle per offender, up to fifty dollars ($50.00) for the cost of installation, up to fifty dollars ($50.00) for the cost of removal and up to thirty dollars ($30.00) monthly for verified active usage of the interlock device.  The traffic safety bureau shall not pay any amount above what an offender would be required to pay for the installation, removal or usage of an interlock device. 

D.     Indigency shall be determined by the traffic safety bureau based on proof of enrollment in one or more of the following types of public assistance: 

(1)     temporary assistance for needy families; 

(2)     general assistance; 

(3)     the supplemental nutritional assistance program, also known as "food stamps"; 

(4)     supplemental security income; 

(5)     the federal food distribution program on Indian reservations; or 

(6)     other criteria approved by the traffic safety bureau. 

E.     Any balance remaining in the interlock device fund shall not revert to the general fund at the end of any fiscal year. 

F.     The interlock device fund shall be administered by the traffic safety bureau of the department of transportation.  No more than ten percent of the money in the interlock device fund in any fiscal year shall be expended by the traffic safety bureau of the department of transportation for the purpose of administering the fund.