45th legislature - STATE OF NEW MEXICO - second session, 2002

AN ACT

RELATING TO LOTTERY SCHOLARSHIPS; INCLUDING TRIBAL AND FEDERAL INDIAN POST-SECONDARY EDUCATIONAL INSTITUTIONS AS BENEFICIARY INSTITUTIONS FOR THE PURPOSE OF RECEIVING LOTTERY TUITION SCHOLARSHIP FUNDS; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 21-1-4.3 NMSA 1978 (being Laws 1996, Chapter 71, Section 3, as amended) is amended to read:

"21-1-4.3. TUITION SCHOLARSHIPS AUTHORIZED--CERTAIN EDUCATIONAL INSTITUTIONS.--

A. To the extent that funds are made available by the legislature from the lottery tuition fund, the governing boards of [regents of New Mexico state university, New Mexico institute of mining and technology, eastern New Mexico university, western New Mexico university, the university of New Mexico, New Mexico highlands university and northern New Mexico state school] two-year or four-year post-secondary educational institutions shall award tuition scholarships for qualified resident students attending their respective institutions [and branches of those institutions].

B. Except as authorized in [Subsection] Subsections C and D of this section, the tuition scholarships authorized in this section shall apply only to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend [one of the state educational institutions set forth in this section or one of the branches of those institutions] a four-year post-secondary educational institution. Each tuition scholarship shall be awarded for up to four consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and maintained a grade point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.

C. The tuition scholarships authorized in this section shall also apply to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, attend a two-year [public] post-secondary educational institution [in New Mexico] and who, upon the completion of that curriculum or at the end of two years, whichever is sooner, transfer to [one of the] a four-year post-secondary [state] educational [institutions set forth in this section] institution. Those students shall be eligible for a tuition scholarship for up to two consecutive years while attending a two-year post-secondary educational institution and up to an additional three and one-half consecutive years, not to exceed a total of four years of eligibility, while attending a four-year post-secondary educational institution, provided that those students maintain residency in New Mexico, maintain a grade point average of 2.5 or higher on a 4.0 scale and attend the institution full time during the regular academic year.

D. The tuition scholarships authorized in this section shall also apply to full-time resident students who:

(1) within one hundred twenty days of completion of a high school curriculum at a public or accredited private New Mexico high school, or of receiving a graduate equivalent diploma, begin service in the United States armed forces; and

(2) within one hundred twenty days of completion of honorable service or medical discharge from the service are accepted for entrance to and attend one of the [state] two-year or four-year post-secondary educational institutions [set forth in this section].

E. The commission on higher education shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to the governing board of [regents of] each institution to enable a uniform availability of the resident student tuition scholarships.

F. As used in this section:

(1) "four-year post-secondary educational institution" means New Mexico state university, New Mexico institute of mining and technology, eastern New Mexico university, western New Mexico university, the university of New Mexico, New Mexico highlands university, any of their branches or the New Mexico campus of a post-secondary educational institution created by an Indian nation, tribe or pueblo or by the federal government that offers four-year degrees in some if not all subjects in which curricula are offered;

(2) "two-year or four-year post-secondary educational institutions" means the institutions defined in this section as two-year post-secondary educational institutions and those defined in this section as four-year post-secondary educational institutions; and

(3) "two-year post-secondary educational institution" means a two-year public post-secondary educational institution located in New Mexico and the New Mexico campus of a post-secondary educational institution created by an Indian nation, tribe or pueblo or the federal government that offers at least one two-year program, completion of which results in conferral of an associate of arts degree or other degree for completion of a two-year curriculum."