HOUSE BILL 270
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Rick Miera
AN ACT
RELATING TO HIGHER EDUCATION; PROVIDING A SCHOLARSHIP PROGRAM FOR VETERANS OF THE GULF WAR.
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 and Gulf War veterans' and the 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 and Gulf War veterans' scholarship fund". The fund shall consist of all money appropriated to the fund and any grants, gifts and bequests made to the fund. [Any] Earnings of the fund shall be credited to the fund. Money in the fund is appropriated to the higher education department for the purpose of carrying out the provisions of Subsection B of this section. 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] higher education department shall administer the fund and shall make disbursements from the fund to reimburse educational institutions under the exclusive control of the state and nonstate colleges in New Mexico for any tuition payments, required student fees and book allowances [and to nonstate colleges in New Mexico an amount equal to the highest tuition, required student fees and book allowances at a state institution] for Vietnam or Gulf War 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 are in compliance with the institution's satisfactory academic progress requirements; provided that a reimbursement to a nonstate college shall not exceed an amount equal to the highest tuition, required student fees and book allowances at a state institution. The [commission] department 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."
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 or Gulf War 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 department.
B. The [commission on] higher education department shall pay by voucher to the appropriate educational institution an amount not exceeding the amount of the scholarship for an approved Vietnam or Gulf War veteran.
C. Money in the fund shall be allocated in the order that applications are received and approved."
Section 4. TEMPORARY PROVISION--VIETNAM VETERANS' SCHOLARSHIP FUND NOT AFFECTED.--The Vietnam and Gulf War veterans' scholarship fund is merely a new name for the Vietnam veterans' scholarship fund. The Vietnam veterans' scholarship fund and any balances or obligations of that fund shall be considered for all purposes to be the Vietnam and Gulf War veterans' scholarship fund and balances or obligations of the Vietnam and Gulf War veterans' scholarship fund; except that, any grants, gifts or bequests made to the Vietnam veterans' scholarship fund prior to July 1, 2007 shall be used only for scholarships for Vietnam veterans.
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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