HOUSE BILL 69
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Patricia A. Lundstrom
AN ACT
RELATING TO HIGHER EDUCATION; EXTENDING CERTAIN HIGHER EDUCATION BENEFITS TO SPOUSES AND ALL CHILDREN OF DECEASED NEW MEXICO MILITARY PERSONNEL AND STATE POLICEMEN; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 28-14-1 NMSA 1978 (being Laws 1949, Chapter 170, Section 1, as amended by Laws 1975, Chapter 29, Section 1 and also by Laws 1975, Chapter 89, Section 1) is amended to read:
"28-14-1. USE OF FUNDS FOR SPOUSES AND CHILDREN OF DECEASED NEW MEXICO MILITARY PERSONNEL AND STATE POLICEMEN.--
A. The funds set aside under the provisions of [Sections 74-4-1 through 74-4-4 NMSA 1953] Chapter 28, Article 14 NMSA 1978 shall be used for the sole purposes of providing for [matricular] matriculation fees, board and room rent and books and supplies for the use and benefit of the spouses and children [not under sixteen and not over twenty-six years of age] of:
(1) those persons who were residents of New Mexico at the time of entry into military service and who [entered] were in the military service of the United States during [World War I or II or during] any action in which the military forces of the United States [are] were engaged in armed conflict and who were killed in action or died of other cause during the conflict or as a result of [such] that military service;
(2) deceased members of the national guard of New Mexico [national guard] who were killed while on active duty in the service of the state after having been called to active duty by the governor; and
(3) deceased members of the New Mexico state police who were killed while on active duty in the service of the state.
B. The benefits enumerated in Subsection A of this section [shall further be] are restricted to spouses and children who are attending or who may attend a state educational or training institution of a secondary or college grade. Spouses and children shall be selected under the provisions of Section [74-4-3 NMSA 1953] 28-14-3 NMSA 1978 and shall be admitted to state institutions of secondary or college grade free of tuition."
Section 2. Section 28-14-2 NMSA 1978 (being Laws 1949, Chapter 170, Section 2, as amended) is amended to read:
"28-14-2. AMOUNTS PAYABLE TO INSTITUTIONS--ELIGIBILITY.--The amounts due to any educational or training institution pursuant to Chapter 28, Article 14 NMSA 1978 shall be payable to those institutions on vouchers signed by the secretary of veterans' services or the secretary's authorized representative. The veterans' services department shall determine the eligibility of spouses and children making application for the benefits provided in Chapter 28, Article 14 NMSA 1978 and shall satisfy itself of the attendance of the spouses and children and of the accuracy of charges submitted to the department. [No staff of the department shall receive any compensation for this service except as provided in the Per Diem and Mileage Act.]"
Section 3. Section 28-14-3 NMSA 1978 (being Laws 1949, Chapter 170, Section 3, as amended) is amended to read:
"28-14-3. SELECTION BY VETERANS' SERVICES DEPARTMENT.--Spouses and children who are to receive the educational benefits provided under Section 28-14-1 NMSA 1978 shall be selected by the veterans' services department on the basis of need and merit. Nominations shall be made by:
A. the department, for spouses and children of deceased veterans;
B. the adjutant general, for spouses and children of deceased national guard of New Mexico members; and
C. the New Mexico state police board, for spouses and children of deceased New Mexico state police members."
Section 4. Section 28-14-4 NMSA 1978 (being Laws 1949, Chapter 170, Section 4, as amended) is amended to read:
"28-14-4. MAXIMUM PAYMENTS.--Not more than three hundred dollars ($300) shall be paid pursuant to Chapter 28, Article 14 NMSA 1978, in addition to the free tuition, for any spouse or child for one year."
Section 5. APPROPRIATION.--Thirty thousand dollars ($30,000) is appropriated from the general fund to the veterans' services department for expenditure in fiscal year 2006 for the purpose of providing the expanded benefits provided for in this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the general fund.
Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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