HOUSE BILL 105
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
Ray Begaye
FOR THE INDIAN AFFAIRS COMMITTEE
AN ACT
RELATING TO HIGHER EDUCATION; AMENDING SECTIONS OF THE NMSA 1978 TO ENABLE STUDENTS AT TRIBAL COLLEGES TO RECEIVE SCHOLARSHIPS UNDER THE COLLEGE AFFORDABILITY ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 21-21L-1 NMSA 1978 (being Laws 2005, Chapter 192, Section 1) is amended to read:
"21-21L-1. SHORT TITLE.--[This act] Chapter 21, Article 21L NMSA 1978 may be cited as the "College Affordability Act".
Section 2. Section 21-21L-3 NMSA 1978 (being Laws 2005, Chapter 192, Section 3) is amended to read:
"21-21L-3. DEFINITIONS.--As used in the College Affordability Act:
A. ["commission" means the commission on] "department" means the higher education department;
B. "returning adult" means a student enrolling in a public post-secondary educational institution at any time later than the first semester following high school graduation or the award of a general educational development certificate; [and]
C. "student" means a resident of New Mexico who is enrolled or will be enrolled, at the time the scholarship is awarded, in a public post-secondary educational institution or tribal college in New Mexico; and
D. "tribal college" means:
(1) the southwestern Indian polytechnic institute;
(2) the Crownpoint institute of technology;
(3) the institute of American Indian arts; and
(4) the New Mexico campus of Dineh college."
Section 3. Section 21-21L-5 NMSA 1978 (being Laws 2005, Chapter 192, Section 5) is amended to read:
"21-21L-5. SCHOLARSHIP AUTHORIZED--ADMINISTRATION--PREFERENCE IN SCHOLARSHIP AWARDS.--
A. The [commission] department shall administer the College Affordability Act and shall promulgate rules to carry out the provisions of that act.
B. Scholarships shall be awarded to qualified applicants. Qualifications shall be determined by rule of the [commission] department.
C. The [commission] department shall allocate money to public post-secondary educational institutions or tribal colleges based on a student need formula calculated according to income reported on the free application for federal student aid and on the percentage of the institution's or college's students classified as returning adults who are otherwise ineligible for state financial aid.
D. Public post-secondary educational institutions or tribal colleges shall make awards to qualifying students based on financial need in an amount not to exceed one thousand dollars ($1,000) per semester as determined by rule of the [commission] department.
E. Money for an awarded scholarship shall be placed in an account at the public post-secondary educational institution or tribal college in the name of the student, and the money may be drawn upon to pay educational expenses charged by the institution, including tuition, fees, books and course supplies."
Section 4. Section 21-21L-6 NMSA 1978 (being Laws 2005, Chapter 192, Section 6) is amended to read:
"21-21L-6. DURATION OF SCHOLARSHIP.--Each scholarship is for a period of one semester. A scholarship may be renewed, provided the recipient continues to meet the conditions of eligibility, until the award recipient has received eight consecutive semester scholarship awards or until the student graduates from an eligible four-year public post-secondary educational institution or from a tribal college, whichever occurs first."
Section 5. Section 21-21L-7 NMSA 1978 (being Laws 2005, Chapter 192, Section 7) is amended to read:
"21-21L-7. TERMINATION OF SCHOLARSHIP.--A scholarship is terminated upon occurrence of one or more of the following:
A. withdrawal of the award recipient from the public post-secondary educational institution or tribal college or failure to remain as at least a half-time student;
B. failure of the award recipient to achieve satisfactory academic progress; or
C. substantial noncompliance by the award recipient with the College Affordability Act or the rules promulgated pursuant to that act."
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