2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 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.
History: Laws 2002, ch. 82, § 2; 2003, ch. 92, § 1; 2005, ch. 269, § 6; 2006, ch. 20, § 1; 2007, ch. 324, § 2; 2010, ch. 29, § 2.
Cross references. — For Ignition Interlock Licensing Act, see 66-5-501 NMSA 1978.
The 2010 amendment, effective July 1, 2010, in Subsection A, in the first sentence, after "convicted of driving", deleted "while" and after "liquor or drugs", deleted "pursuant to" and added "in violation of"; deleted the former third and fourth sentences, which provided that the fee imposed by Subsection A shall be collected by the vendor of the ignition interlock device and that the vendor shall remit the fee to the traffic safety bureau; in Subsection B, in the second sentence, after "this section shall be", deleted "distributed to the fund by the traffic safety bureau of the department of transportation" and added the remainder of the sentence; in Subsection C, in the first sentence, after "department of transportation to cover", added "part of"; after "costs of installing", deleted "and"; and after "removing and", deleted "one-half of the cost of"; and added the remainder of Subsection C; in Subsection D, in the introductory sentence, after "determined by the", deleted "court, the parole board or a probation and parole officer" and added the remainder of the sentence, including Paragraphs (1) through (6); and in Subsection F, in the second sentence, after "No more than", deleted "five" and added "ten".
The 2007 amendment, effective June 15, 2007, provided that indigency may be determined by the parole board or a probation and parole officer.
The 2006 amendment, effective March 2, 2006, changed the administrative authority for the interlock device fund from the department of finance and administration to the traffic safety bureau of the department of transportation and provided in Subsection A that the fee shall not be imposed on an indigent person.
The 2005 amendment, effective June 17, 2005, in Subsection A, deleted the former provision which imposed a fee on all persons who provide ignition interlock devices, imposed a fee on a person adjudicated as a delinquent on the basis of Section 32A-2-3A(1)(a) NMSA 1978, deleted the former provision which specified the fee to be ten percent of the amount charged on the ignition interlock device, added the provision that the fee shall be established by rule of the department in an amount of not more that $100 and not less than $50 per year, that the fee shall be collected and remitted to the department by the vendor of the ignition interlock device; provided in Subsection C that the fund shall be used to cover the costs of removing and one half the cost of leasing ignition interlock devices for indigent persons including indigent persons who are required to use the devices pursuant to an adjudication on the basis of Section 32A-2-3A(1)(a) NMSA 1978; deleted the former provision of Subsection C that the fund may be used only to cover the cost of leasing ignition interlock devices for the initial four months; and provided in Subsection E that not more that five percent of the fund in any fiscal year shall be expended for administering the fund.
The 2003 amendment, effective March 28, 2003, in Subsection A, substituted "a person" for "persons" following "interlock devices to", inserted "or a person whose driver's license is revoked pursuant to the provisions of the Implied Consent Act" following "Section 66-8-102 NMSA 1978", inserted "install, service and remove" following "charged to lease", substituted "for a person" for "to a person" following "ignition interlock device", substituted "Section 66-8-102 NMSA 1978 or whose driver's license is revoked pursuant to the provisions of the Implied Consent Act" for "that section" following "convicted pursuant to"; in Subsection C, inserted "for the initial four months and removing" preceding "ignition interlock devices", substituted "for indigent" for "to indigent" following "ignition interlock devices", and inserted "or driver's license revocations pursuant to the provisions of the Implied Consent Act" following "Section 66-8-102 NMSA 1978".
