HOUSE BILL 673
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Gail C. Beam
AN ACT
RELATING TO HIGHER EDUCATION; PROVIDING A SCHOLARSHIP PROGRAM FOR CONFLICT VETERANS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 9-22-14 NMSA 1978 (being Laws 2004, Chapter 19, Section 14) is amended to read:
"9-22-14. STATE BENEFITS DIVISION.--The state benefits division shall:
A. provide oversight of veterans' service organizations;
B. develop or coordinate veterans' programs and outreach, including transitional living, housing, health care and economic development; and
C. determine eligibility for, conduct or oversee state-funded veterans' services and benefits, including determining eligibility for veteran property tax exemptions, hunting and fishing licensing and motor vehicle license plate programs; managing the [Vietnam] conflict veterans and children of deceased veterans scholarship programs; and overseeing the state funeral honors and burial program and state veterans' cemeteries, monuments and museums."
Section 2. Section 21-21E-1 NMSA 1978 (being Laws 1985, Chapter 171, Section 1, as amended) is amended to read:
"21-21E-1. FUND CREATED--ADMINISTRATION--PURPOSE.--
A. There is created in the state treasury the "[Vietnam] conflict veterans' scholarship fund". The fund shall consist of all money appropriated to the fund and any grants, gifts and bequests made to the fund. Earnings of the fund shall be credited to the fund. Money in the fund is appropriated to the commission on higher education in order to carry out the provisions of Subsection B of this section. [Any] Money in the fund [that was the result of grants, gifts or bequests] shall not revert to [the general] any other fund at the end of any fiscal year.
B. The commission on higher education shall administer the fund and shall make disbursements from the fund to reimburse educational institutions under the exclusive control of the state for any tuition payments, required student fees and book allowances and to non-state colleges in New Mexico an amount equal to the highest tuition, required student fees and book allowances at a state institution for [Vietnam] conflict veterans who are residents of New Mexico and are undergraduate post-secondary students, including students who have already received a baccalaureate degree or post-secondary students enrolled in a program of study leading to a master's degree [attending educational institutions pursuant to Article 9, Section 14 of the constitution of New Mexico and] who are in compliance with the institution's satisfactory academic progress requirements. The commission may adopt rules [regulations and procedures] as necessary or appropriate to implement the provisions of [the act] Chapter 21, Article 21E NMSA 1978. A financial aid officer may exercise professional judgment when special circumstances exist to adjust cost of attendance or expected family contribution or to modify other factors that make the program responsive to a student's special financial circumstances and for which documentation exists in the student's file within the parameters authorized for this program.
C. As used in this section and Section 21-21E-2 NMSA 1978, "conflict veteran" means an individual who served in the armed forces of the United States on active duty in an armed conflict under orders of the president, including the following conflicts:
(1) World War II;
(2) the Korean conflict;
(3) the Vietnam conflict;
(4) the Grenada conflict;
(5) the Persian gulf conflict;
(6) the United Nations mission in Bosnia;
(7) the Afghanistan conflict; or
(8) the Iraqi freedom conflict."
Section 3. Section 21-21E-2 NMSA 1978 (being Laws 1985, Chapter 171, Section 2, as amended) is amended to read:
"21-21E-2. DISBURSEMENTS FROM FUND.--
A. A [Vietnam] conflict veteran may apply to the veterans' services department for a scholarship. The department shall determine the eligibility of an applicant and certify approved applicants to the commission on higher education.
B. The commission on higher education shall pay by voucher to the appropriate educational institution an amount not exceeding the amount of the scholarship for an approved [Vietnam] conflict veteran.
C. Money in the conflict veterans' scholarship fund shall be allocated in the order that applications are received and approved."
Section 4. TEMPORARY PROVISION--FUND TRANSFER--RESTRICTIONS.--On the effective date of this act, the balance of the Vietnam veterans' scholarship fund shall be transferred to the conflict veterans' scholarship fund; provided, however, that any amount transferred attributable to grants, gifts or bequests shall be expended only to benefit Vietnam veterans.
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