44th legislature - STATE OF NEW MEXICO - first session, 1999

RELATING TO YOUTH DEVELOPMENT; CREATING THE NEXT GENERATION TRUST FUND AND DEPOSITING A PORTION OF TOBACCO SETTLEMENT REVENUES INTO THE FUND; CREATING THE NEXT GENERATION COUNCIL; ESTABLISHING THE YOUTH DEVELOPMENT GRANT ASSISTANCE PROGRAM AND FUND; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Youth Development Act".

Section 2. PURPOSE.--The purpose of the Youth Development Act is to establish the next generation council composed of both adults and youth to use a portion of New Mexico's tobacco settlement revenues to establish a grant assistance program to support community service, citizenship and leadership activities developing the next generation.

Section 3. DEFINITIONS.--As used in the Youth Development Act:

A. "council" means the next generation council created pursuant to the Youth Development Act;

B. "department of education" means the state department of public education; and

C. "fund" means the youth development grant assistance program fund created pursuant to the Youth Development Act.

Section 4. NEXT GENERATION COUNCIL CREATED--MEMBERSHIP--TERMS.--

A. The "next generation council" is created. The council is administratively attached to the department of education, and the department shall provide administrative support for the council in carrying out its duties as provided in the Youth Development Act.

B. The council shall consist of fifteen members with experience in youth development who are appointed so as to provide geographic diversity. Ten adult members shall be appointed to staggered four-year terms, and five youth members shall be appointed to staggered two-year terms by the following appointing authorities as follows:

(1) one adult and one youth enrolled at a post-secondary educational institution shall be appointed by the governor;

(2) one adult and one youth shall be appointed by the speaker of the house of representatives and president pro tempore of the senate;

(3) one adult and one youth enrolled at a post-secondary educational institution shall be appointed by the commission on higher education;

(4) one adult shall be appointed by the secretary of health;

(5) one adult shall be appointed by the state board of education; and

(6) five adults and two youths shall be appointed by the secretary of children, youth and families upon the recommendation of the New Mexico community foundation.

C. To provide for staggered terms, the adults appointed pursuant to Paragraphs (1) and (3) and three adults appointed pursuant to Paragraph (6) of Subsection B of this section shall serve for two years and youth members appointed pursuant to Paragraphs (1) and (3) and one youth appointed pursuant to Paragraph (6) of Subsection B of this section shall serve initially for one year. Thereafter, adult members shall be appointed to four-year terms and youth members to two-year terms. A vacancy on the council shall be filled by the respective appointing authority for the remainder of the vacating member's term.

D. The council shall elect annually from its membership a chairman and other officers it deems necessary to carry out its duties. The council shall meet at the call of the chairman, but not less than once each quarter. A majority of the members constitutes a quorum for the conduct of business.

E. Council members shall receive per diem and mileage as provided in the Per Diem and Mileage Act and no other compensation, perquisite or allowance.

Section 5. NEXT GENERATION TRUST FUND CREATED--TOBACCO SETTLEMENT--REVENUES--INCOME DISTRIBUTION.--

A. The "next generation trust fund" is created in the state treasury. The fund shall consist of money distributed to the fund pursuant to Subsection B of this section.

B. The state treasurer shall distribute to the fund ten percent of every amount distributed to the state pursuant to the master settlement agreement entered into between tobacco product manufacturers and the various states, including New Mexico, and executed November 23, 1998 or transferred to the state from a qualified escrow fund authorized by a qualifying state statute enacted pursuant to the master settlement agreement.

C. Money in the next generation trust fund shall be invested by the state investment officer as land grant permanent funds are invested pursuant to Chapter 6, Article 8 NMSA 1978 and shall not be expended for any purpose. Income earned from investment of the next generation trust fund shall be distributed annually to the youth development grant assistance program fund.

Section 6. YOUTH DEVELOPMENT GRANT ASSISTANCE PROGRAM FUND CREATED.--The "youth development grant assistance program fund" is created in the state treasury and shall be administered by the department of education pursuant to the direction and policies of the council. The fund shall consist of income from the next generation trust fund and money from any other public or private source appropriated to or deposited in the fund. Money in the fund is appropriated to the council to carry out a youth development grant assistance program. Any interest earned on balances in the fund shall be credited to the fund. Balances in the fund at the end of any fiscal year shall be retained in the fund for expenditure as provided in this section and shall not revert to the general fund. Disbursements from the fund shall be made only on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the chairman of the council or his authorized representative.

Section 7. POWERS AND DUTIES OF NEXT GENERATION COUNCIL--YOUTH DEVELOPMENT GRANT ASSISTANCE PROGRAM.--

A. The council shall develop, implement and manage a youth development grant assistance program to provide grants through a competitive proposal process to communities, public schools, not-for-profit organizations, tribal entities and post-secondary educational institutions for youth development programs and activities for youth from ages five through twenty throughout rural and urban New Mexico. Priority shall be given to proposals that involve youth in such positive activities as after-school programs, community service learning, leadership and citizenship and that provide training and assistance to youth workers in the area of youth development.

B. The council shall determine the policies for and programmatic direction of the youth development grant assistance program and implement the grant process, including development of the requests for grant proposals, review and approval of grant applications and oversight and management of the grants. The council shall also advise the department of education and the children, youth and families department on youth policies.

C. The council shall hire staff or contract with persons or entities as necessary to carry out its duties pursuant to this section. The department of education shall provide such administrative assistance to the council as agreed upon by the department and the council. Not more than ten percent of the money distributed to the fund in any fiscal year shall be used by the council and the department of education for administrative purposes.

Section 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.