HOUSE BILL 104
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
James Roger Madalena
FOR THE INDIAN AFFAIRS COMMITTEE
AN ACT
RELATING TO HIGHER EDUCATION; EXTENDING LOTTERY SCHOLARSHIP ELIGIBILITY TO NEW MEXICO TRIBAL COLLEGES; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 6-24-1 NMSA 1978 (being Laws 1995, Chapter 155, Section 1) is amended to read:
"6-24-1. SHORT TITLE.--[Sections 1 through 34 of this
act] Chapter 6, Article 24 NMSA 1978 may be cited as the "New Mexico Lottery Act"."
Section 2. Section 6-24-4 NMSA 1978 (being Laws 1995, Chapter 155, Section 4) is amended to read:
"6-24-4. DEFINITIONS.--As used in the New Mexico Lottery Act:
A. "authority" means the New Mexico lottery authority;
B. "board" means the board of directors of the authority;
C. "chief executive officer" means the chief executive officer of the authority appointed by the board pursuant to the New Mexico Lottery Act;
D. "lottery" means the New Mexico state lottery established and operated by the authority pursuant to the New Mexico Lottery Act;
E. "lottery contractor" means a person with whom the authority has contracted for the purpose of providing goods or services for the lottery;
F. "lottery game" means any variation of the following types of games, but does not include any video lottery game:
(1) an instant win game in which disposable tickets contain certain preprinted winners that are determined by rubbing or scraping an area or areas on the tickets to match numbers, letters, symbols or configurations, or any combination thereof, as provided by the rules of the game; provided, an instant-win game may also provide for preliminary and grand prize drawings conducted pursuant to the rules of the game; and
(2) an on-line lottery game in which a lottery game is hooked up to a central computer via a telecommunications system through which a player selects a specified group of numbers or symbols out of a predetermined range of numbers or symbols and purchases a ticket bearing the player-selected numbers or symbols for eligibility in a drawing regularly scheduled in accordance with game rules;
G. "lottery retailer" means a person with whom the authority has contracted for the purpose of selling tickets in lottery games to the public;
H. "lottery vendor" means any person who submits a bid, proposal or offer as part of a major procurement contract and any person who is awarded a major procurement contract;
I. "major procurement contract" means a contract for the procurement of any lottery game product or service costing in excess of seventy-five thousand dollars ($75,000), including [but not limited to] major advertising contracts, annuity contracts, prize payment agreements, consulting services, equipment, tickets and other products and services unique to the lottery, but not including materials, supplies, equipment and services common to the ordinary operations of a corporation;
J. "net revenues" means all lottery and nonlottery revenues received by the authority less payments for lottery prizes and operating expenses as provided in the New Mexico Lottery Act; [and]
K. "tribal college" means any of the following institutions:
(1) southwestern Indian polytechnic institute;
(2) Crownpoint institute of technology;
(3) institute of American Indian arts; and
(4) the New Mexico campus of Dine college; and
[K.] L. "person" means an individual or any other legal entity."
Section 3. 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 and the governing bodies of southwestern Indian polytechnic institute, Crownpoint institute of technology, the institute of American Indian arts and Dine college in New Mexico 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 a high school curriculum at a public or accredited private New Mexico high school or a bureau of Indian affairs school in New Mexico or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend one of the state educational institutions or tribal colleges set forth in this section or one of the branches of those institutions. Each tuition scholarship shall be awarded for up to 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 grade point average of 2.5 or higher on a 4.0 scale during [his] the 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 a high school curriculum at a public or accredited private New Mexico high school or a bureau of Indian affairs school in New Mexico or upon receiving a graduate equivalent diploma, attend a two-year public post-secondary educational institution or tribal college 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 or tribal colleges set forth in this section. Those students shall be eligible for a tuition scholarship for two consecutive years, provided that those students maintain residency in New Mexico, maintain a 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 a bureau of Indian affairs school in New Mexico, 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 or tribal colleges set forth in this section.
E. The [commission on] higher education department 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 or tribal college to enable a uniform availability of the resident student tuition scholarships."
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