New Mexico § 66-8-102.3 - Imposing a fee; interlock device fund created

§ 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, 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.