SENATE BILL 385
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Carroll H. Leavell
AN ACT
RELATING TO HIGHER EDUCATION; ALLOWING LOTTERY TUITION SCHOLARSHIPS TO BE USED AT PRIVATE POST-SECONDARY EDUCATIONAL INSTITUTIONS IN NEW MEXICO; EXTENDING THE ELIGIBILITY FOR TUITION SCHOLARSHIPS TO QUALIFIED STUDENTS WHO ATTEND AN EDUCATIONAL INSTITUTION IN NEW MEXICO WITHIN TWO ACADEMIC YEARS AFTER COMPLETING HIGH SCHOOL OR RECEIVING A GRADUATE EQUIVALENT DIPLOMA; EXTENDING ELIGIBILITY TO QUALIFIED STUDENTS WHO, AT ANY TIME, HAVE A CERTAIN MINIMUM GRADE POINT AVERAGE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 6-24-23 NMSA 1978 (being Laws 1995, Chapter 155, Section 23, as amended) is amended to read:
"6-24-23. LOTTERY TUITION FUND CREATED--PURPOSE.--
A. The "lottery tuition fund" is created in the state treasury. The fund shall be administered by the commission on higher education. Earnings from investment of the fund shall accrue to the credit of the fund. Any balance in the fund at the end of any fiscal year shall remain in the fund for appropriation by the legislature as provided in this section.
B. Money in the lottery tuition fund is appropriated to the commission on higher education [for distribution to New Mexico's public post-secondary educational institutions] to provide tuition assistance for New Mexico resident undergraduates as provided by law."
Section 2. 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 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 shall award tuition scholarships for qualified resident students attending their respective institutions and branches of those institutions.
B. Except as authorized in Subsection C of this section, the tuition scholarships authorized in this section shall apply only to full-time resident students who, [immediately upon completion of] within two academic years after completing 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. [Each] A tuition scholarship shall be awarded [for up to] at any time during the 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] an overall 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] within two academic years after completing 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 post-secondary state educational institutions set forth in this section. [Those students] Such a student shall be eligible for a tuition scholarship [for] at any time during the two consecutive years [provided that those students maintain residency in New Mexico, maintain a] after transferring that the recipient has an overall 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 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 board of regents of each institution to enable a uniform availability of the resident student tuition scholarships."
Section 3. Section 21-1-4.4 NMSA 1978 (being Laws 1996, Chapter 71, Section 4) is amended to read:
"21-1-4.4. COMMISSION ON HIGHER EDUCATION--DETERMINATION OF TUITION SCHOLARSHIPS--USE OF LOTTERY TUITION FUND.--
A. Prior to June 1 of each year, the commission on higher education shall determine the amount of money available for tuition scholarships [at state public post-secondary educational institutions]. Based on the amount appropriated by the legislature from the lottery tuition fund and on the projected [enrollment at all public post-secondary educational institutions] number of students who will apply for tuition scholarships, the commission on higher education shall establish the percentage of tuition that shall be awarded for qualified resident students attending New Mexico public and private post-secondary educational institutions. The percentage of tuition awarded shall be the same for each institution, regardless of the actual cost of tuition at each institution, except that the amount of the tuition scholarship awarded a student attending a private post-secondary educational institution shall not exceed the amount of tuition scholarship that the student would receive if the student was attending the university of New Mexico.
B. In addition to the scholarships authorized in Sections 21-1-4.3, 21-13-10 and 21-16-10.1 NMSA 1978, tuition scholarships are available to qualifying students in all New Mexico accredited private post-secondary educational institutions. The commission shall promulgate rules of eligibility and other requirements for students attending private post-secondary educational institutions that are similar to the rules for students attending public post-secondary educational institutions."
Section 4. Section 21-13-10 NMSA 1978 (being Laws 1963, Chapter 17, Section 9, as amended) is amended to read:
"21-13-10. BOARD DUTIES.--
A. It is the duty of the community college board to determine financial and educational policies of the community college. The community college board shall provide for the management of the community college and execution of these policies by selecting a competent president for the community college, and, upon the president's recommendation, the board shall employ other administrative personnel, instructional staff or other personnel as may be needed for the operation, maintenance and administration of the community college.
B. The community college board shall have the power to fix tuition and fee rates for resident and nonresident students of the community college district, to accept gifts, to accept federal aid, to purchase, hold, sell and rent property and equipment and to promote the general welfare of the institution for the best interest of educational service to the people of the community college district.
C. To the extent that funds are made available by the legislature from the lottery tuition fund, the community college board shall award tuition scholarships for qualified resident students attending their respective institutions.
D. The tuition scholarships authorized in this section shall apply only to full-time resident students who, [immediately upon completion of] within two academic years after completing 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 a community college. [Each] A tuition scholarship shall be awarded [for up to] at any time during the two 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] an overall grade point average of 2.5 or higher on a 4.0 scale [during his first semester of full-time enrollment].
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 community college boards to enable a uniform availability of the resident student tuition scholarships."
Section 5. Section 21-16-10.1 NMSA 1978 (being Laws 1996, Chapter 71, Section 6, as amended) is amended to read:
"21-16-10.1. TUITION SCHOLARSHIPS AUTHORIZED.--
A. To the extent that funds are made available by the legislature from the lottery tuition fund, the board of a technical and vocational institute shall award tuition scholarships for qualified resident students attending a technical and vocational institute.
B. The tuition scholarships authorized in this section shall apply only to full-time resident students who, [immediately upon completion of] within two academic years after completing 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 a technical and vocational institute. [Each] A tuition scholarship shall be awarded [for up to] at any time during the two 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] an overall grade point average of 2.5 or higher on a 4.0 scale [during his first semester of full-time enrollment with renewal of an additional two years upon transfer].
C. 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 boards of technical and vocational institutes to enable a uniform availability of the resident student tuition scholarships."
Section 6. TEMPORARY PROVISION--APPLICABILITY.--The provisions of this act that extend eligibility for tuition scholarships to those students who attend a post-secondary educational institution within two academic years of either completing a high school curriculum or receiving a graduate equivalent diploma apply to students who complete a high school curriculum or receive a graduate equivalent diploma on or after May 1, 2003.
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