AN ACT
RELATING TO HIGHER EDUCATION; ELIMINATING THE REQUIREMENT
THAT CERTAIN TWO-YEAR INSTITUTIONS MUST USE ALL OTHER SCHOLARSHIP FUNDS BEFORE
GRANTING ANY LOTTERY TUITION SCHOLARSHIPS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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
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 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 tuition scholarship shall be awarded for
up to 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 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 2. Section 21-13-19 NMSA 1978 (being Laws 1968,
Chapter 70, Section 2, as amended) is amended to read:
"21-13-19. ENROLLMENT DEFINED--PAYMENTS.--
A. For those students in community colleges
taking college-level courses, full-time-equivalent students shall be defined
and computed by the commission on higher education in the same manner in which
it defines and computes full-time-equivalent students for all other
college-level programs within its jurisdiction.
B. No student shall be included in any
calculations made under the provisions of this section if the student is
enrolled in a course the cost of which is totally reimbursed from federal,
state or private sources. The public
school district shall transfer to the community college the tuition and fees
for any student who, during the term, is counted in the membership of the
public school district and will receive high school credit for coursework at
the community college.
C. The commission on higher education shall not
recommend an appropriation greater than three hundred
twenty-five dollars ($325) for each full-time-equivalent
student for any community college that levies a tax at a rate less than two
dollars ($2.00), unless a lower amount is required by operation of the rate
limitation provisions of Section 7‑37‑7.1 NMSA 1978 upon a rate of
at least two dollars ($2.00) on each one thousand dollars ($1,000) of net
taxable value, as that term is defined in the Property Tax Code, or any
community college that reduces a previously authorized tax levy, except as
required by the operation of the rate limitation provisions of Section 7‑37-7.1
NMSA 1978.
D. The commission on higher education shall
require from the community college such reports as the commission deems
necessary for the purpose of determining the number of full-time-equivalent
students at the community college eligible to receive support under this
section.
E. A community college board shall establish
tuition and fee rates for its respective institutions for full-time, part-time,
resident and nonresident students, as defined by the commission on higher
education.
F. A community college board may establish and
grant gratis scholarships to students who are residents of New Mexico in an
amount not to exceed the matriculation fee or tuition and fees, or both. The gratis scholarships are in addition to
the lottery tuition scholarships authorized in Section 21-13-10 NMSA 1978 and
shall be granted to the full extent of available funds before lottery tuition
scholarships are granted. The number of
scholarships established and granted pursuant to this subsection shall not
exceed three percent of the preceding fall semester enrollment in each
institution and shall not be established and granted for summer sessions. The president of each institution shall
select and recommend to the community college board of his institution, as
recipients of scholarships, students who possess good moral character and
satisfactory initiative, scholastic standing and personality. At least thirty-three and one-third percent
of the gratis scholarships established and granted by each community college
board each year shall be granted on the basis of financial need."
Section 3. Section 21-16-10 NMSA 1978 (being Laws 1968,
Chapter 59, Section 3, as amended) is amended to read:
"21-16-10. APPROPRIATION--DISTRIBUTION.--
A. The commission on higher education shall
recommend an appropriation for each technical and vocational institute based
upon its financial requirements in relation to its authorized program and its
available funds from
non-general fund sources; provided, the recommended
appropriation shall be an amount not less than three hundred twenty-five
dollars ($325) for each full-time-equivalent student.
B. The commission on higher education shall by
rule provide for the method for calculating the number of full-time-equivalent
students in technical and vocational institutes. No student shall be included in any
calculation of the number of full-time-equivalent students if the student is
enrolled in a course, the cost of which is totally reimbursed from federal,
state or private sources. The public
school district shall transfer to the technical and vocational institute the
tuition and fees for any student who, during the term, is counted in the
membership of the public school district and will receive high school credit
for coursework at the technical and vocational institute.
C. The commission on higher education shall not
recommend an appropriation greater than three hundred
twenty-five dollars ($325) for each full-time-equivalent
student for any technical and vocational institute that levies a tax at a rate
less than two dollars ($2.00), unless a lower amount is required by operation
of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon a rate
approved by the electors of at least two dollars ($2.00) on each one thousand
dollars ($1,000) of net taxable value, as that term is defined in the Property
Tax Code, or any technical and vocational institute that reduces a previously
authorized tax levy, except as required by the operation of the rate limitation
provisions of Section 7-37-7.1 NMSA 1978.
D. The board may establish and grant gratis
scholarships to students who are residents of New Mexico in an amount not to
exceed the matriculation fee or tuition and fees, or both. The gratis scholarships are in addition to
the lottery tuition scholarships authorized in Section 21‑16‑10.1
NMSA 1978 and shall be granted to the full extent of available funds before
lottery tuition scholarships are granted.
The number of scholarships established and granted pursuant to this
subsection shall not exceed three percent of the preceding fall semester
enrollment in the technical and vocational institute and shall not be
established and granted for summer sessions.
The president of the technical and vocational institute shall select and
recommend to the board as recipients of scholarships students who possess good
moral character and satisfactory initiative, scholastic standing and
personality. At least thirty-three and
one-third percent of the gratis scholarships established and granted by the
board each year shall be granted on the basis of financial need."
Section 4. 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 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 tuition scholarship shall be awarded for
up to 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 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."