A. The "children's trust fund" is created in the state treasury. The children's trust fund may be used for any purpose enumerated in Section 24-19-2 NMSA 1978. All income received from investment of the fund shall be credited to the fund. No money appropriated to the fund or otherwise accruing to it shall be disbursed in any manner except as provided in the Children's Trust Fund Act.

B. The children's trust fund shall be administered by the department for the purpose of funding children's projects and programs from the income received from investment of the fund; provided that none of the income shall be used for capital expenditures. All income from investment of the fund is appropriated to the department for that purpose or for administrative costs as provided in Subsection C of this section. Grants, distributions and transfers of money from the fund shall be made only from the income received from investment of the fund and from other sources pursuant to Section 24-19-9 NMSA 1978, including federal funds, private donations, bequests and other public and private grants.

C. Up to ten percent of the income received from investment of the children's trust fund may be expended for costs of administration of the fund and administration of the children's projects and programs undertaken with fund money. Administrative costs include per diem and mileage, staff salaries and expenses related to administration of the fund.

D. Disbursements from income credited to the children's trust fund and appropriated to the department shall be made only upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of children, youth and families or the secretary's designated representative to fund children's projects and programs approved by the board.

E. One-half of the money transferred to the children's trust fund pursuant to Section 40-1-11 NMSA 1978 and all of the money transferred to the children's trust fund pursuant to Section 66-3-420 NMSA 1978 shall be deemed income received from investment of the fund.

History: Laws 1986, ch. 15, § 4; 1990, ch. 26, § 1; 1992, ch. 57, § 20; 1993, ch. 175, § 1; 1993, ch. 199, § 1; 2004, ch. 74, § 1; 2005, ch. 65, § 4; 2013, ch. 25, § 3.

Cross references. — For secretary of children, youth and families, see 9-2A-6 NMSA 1978.

The 2013 amendment, effective June 14, 2013, expanded the function of the Children's Trust Fund Act to include children's programs; expanded the source of money for expenditures from the fund; in Subsection B, in the first sentence, after "funding children's projects", added "and programs" and in the third sentence, after "income received from investment of the fund", added the remainder of the sentence; in Subsection C, after "administration of the children's projects", added "and programs"; and in Subsection D, after "designated representative to fund children's projects", added "and programs".

The 2005 amendment, effective June 17, 2005, deleted "appropriations" in Subsection B and substituted "distributions" and made non-substantive changes in wording in Subsections A and D.

The 2004 amendment, effective March 4, 2004, amended Subsection E to add "and all of the money transferred to the children's trust fund pursuant to Section 66-3-420 NMSA 1978".

The 1993 amendment, effective June 18, 1993, substituted "1997" for "1994" in Subsection E.

The 1992 amendment, effective July 1, 1992, substituted "children, youth and families" for "human services" in Subsection D.

The 1990 amendment, effective May 16, 1990, substituted "Section 24-19-2 NMSA 1978" for "Section 2 of the Children's Trust Fund Act" in the first sentence in Subsection A, substituted "children's trust fund" for "fund" and "children's projects" for "projects" in the first sentence in Subsection C, and substituted "June 30, 1994" for "June 30, 1992" in Subsection E.