SENATE BILL 451
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
William H. Payne
AN ACT
RELATING TO HIGHER EDUCATION; PROVIDING FOR ADDITIONAL GRADE POINT AVERAGE REQUIREMENTS AND STANDARDIZED TESTING REQUIREMENTS; REQUIRING THAT TUITION ASSISTANCE BECOME A DEBT UNDER CERTAIN CIRCUMSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 21-1-4.3 NMSA 1978 (being Laws 1996, Chapter 71, Section 3, as amended) is amended to read:
"21-1-4.3. LEGISLATIVE LOTTERY 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 college shall award legislative lottery scholarships for tuition for qualified resident students attending their respective institutions and branches of those institutions.
B. Except as otherwise authorized in this section, the legislative lottery 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 one of the state educational institutions set forth in this section or one of the branches of those institutions]
(1) maintain a grade point average of 2.75 or higher on a 4.0 scale;
(2) maintain residency in New Mexico;
(3) score a 21 or higher on the American college testing or a 1550 or higher on the scholastic aptitude test;
(4) are enrolled in twelve credit hours per semester of nonremedial courses; and
(5) attend one of the state educational institutions set forth in this section or one of the branches of those institutions:
(a) 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;
(b) within two years after attending a two-year public post-secondary educational institution in New Mexico or immediately upon completion of a two-year curriculum at a two-year public post-secondary educational institution in New Mexico, whichever is sooner; provided that the student attended a two-year public post-secondary educational institution 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; or
(c) within one year of completion of honorable service or medical discharge from service in the United States armed forces; provided that the student began service within one hundred twenty days of completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate-equivalent diploma.
C. Each legislative lottery scholarship shall be awarded for up to four consecutive years, beginning the second semester of the recipient's first year of enrollment if the recipient has maintained residency in New Mexico and maintained [a] the required grade point average [of 2.5 or higher on a 4.0 scale] during the first semester of full-time enrollment.
[C. The legislative lottery 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 upon receiving a graduate equivalent diploma, attend a two-year public post-secondary educational institution 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 set forth in this section. Those students shall be eligible for a legislative lottery scholarship for two consecutive years if they 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 legislative lottery 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 of receiving a graduate equivalent diploma, begin service in the United States armed forces; and
(2) within one year of completion of honorable service or medical discharge from the service, attend one of the state educational institutions set forth in this section.
E.] D. The higher education department shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the legislative lottery scholarship program. Guidelines shall be distributed to the board of regents of each institution to enable a uniform availability of the resident student legislative lottery scholarships.
[F.] E. For purposes of the legislative lottery scholarship program as it applies to students with disabilities who may require special accommodations, the higher education department, in consultation with the student and the office at the institution that serves students with disabilities, shall review both the definition of "full time" and the maximum number of consecutive semesters of eligibility and adjust either or both as deemed reasonable and appropriate, based on the student's disability needs. In no case, however, shall "full time" mean fewer than six credit hours per semester, and in no case shall eligibility extend beyond fourteen consecutive semesters."
SECTION 2. 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 community college 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 legislative lottery scholarships for qualified resident students attending their respective institutions.
D. The legislative lottery 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]
(1) maintain a grade point average of 2.75 or higher on a 4.0 scale;
(2) maintain residency in New Mexico;
(3) score a 21 or higher on the American college testing or a 1550 or higher on the scholastic aptitude test; and
(4) 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.
E. Each legislative lottery 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] the required grade point average [of 2.5 or higher on a 4.0 scale] during the first semester of full-time enrollment.
[E.] F. The higher education department shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the legislative lottery scholarship program. Guidelines shall be distributed to community college boards to enable a uniform availability of the resident student lottery tuition scholarships.
[F.] G. For purposes of the legislative lottery scholarship program as it applies to students with disabilities who may require special accommodations, the higher education department, in consultation with the student and the office at the community college that serves students with disabilities, shall review both the definition of "full time" and the maximum number of consecutive semesters of eligibility and adjust either or both as deemed reasonable and appropriate, based on the student's disability needs. In no case, however, shall "full time" mean fewer than six credit hours per semester, and in no case shall eligibility extend beyond fourteen consecutive semesters."
SECTION 3. Section 21-16-10.1 NMSA 1978 (being Laws 1996, Chapter 71, Section 6, as amended) is amended to read:
"21-16-10.1. LEGISLATIVE LOTTERY 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 legislative lottery scholarships for qualified resident students attending a technical and vocational institute.
B. The legislative lottery 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]
(1) maintain a grade point average of 2.75 or higher on a 4.0 scale;
(2) maintain residency in New Mexico;
(3) score a 21 or higher on the American college testing or a 1550 or higher on the scholastic aptitude test; and
(4) 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.
C. Each legislative lottery 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] the required grade point average [of 2.5 or higher on a 4.0 scale] during the first semester of full-time enrollment, with renewal of an additional two years upon transfer.
[C.] D. The higher education department shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the legislative lottery scholarship program. Guidelines shall be distributed to the boards of technical and vocational institutes to enable a uniform availability of the resident student legislative lottery scholarships.
[D.] E. For purposes of the legislative lottery scholarship program as it applies to students with disabilities who may require special accommodations, the higher education department, in consultation with the student and the office at the technical and vocational institute that serves students with disabilities, shall review both the definition of "full time" and the maximum number of consecutive semesters of eligibility and adjust either or both as deemed reasonable and appropriate, based on the student's disability needs. In no case, however, shall "full time" mean fewer than six credit hours per semester, and in no case shall eligibility extend beyond fourteen consecutive semesters."
SECTION 4. [NEW MATERIAL] LEGISLATIVE LOTTERY SCHOLARSHIP--APPLICATION--LOAN--CONTRACT.--
A. A New Mexico resident student who wishes to receive a legislative lottery scholarship shall apply through the public post-secondary educational institution's financial aid office. The higher education department shall determine the form of the application. The institution is responsible for ensuring initial and continuing academic and other eligibility for the legislative lottery scholarship and shall keep the higher education department apprised of students who are no longer qualified to receive tuition assistance and the reasons for disqualification.
B. As part of the application and prior to receiving tuition assistance, a student must declare the intention to graduate with an associate's or bachelor's degree or a career-technical certificate in a declared major and provide an estimate of the time needed to graduate even beyond four years but within six years; provided that only eight semesters of assistance are allowed. A student may declare the intention to receive both an associate's and a bachelor's degree in a declared major. A student may change a declared major but must graduate within the allowable semesters.
C. Acceptance of a legislative lottery scholarship is a contract between the student and the higher education department on behalf of the state to the effect that, in exchange for tuition assistance, the student will maintain academic and other eligibility and graduate with a degree or certificate, as approved by the public post-secondary educational institution within the allowable semesters. Failure of the student to maintain qualifications shall result in the amount of tuition assistance paid by the lottery tuition fund to become a debt due and owing to the state. The contract shall provide for the payment by the state of full or partial tuition assistance, as determined annually by the higher education department in accordance with money available from the lottery tuition fund and appropriated by the legislature, which assistance shall be conditioned on either the student maintaining program eligibility and obtaining a degree or certificate or the student repaying the tuition assistance as a debt. The amount of tuition assistance provided for the first two semesters on behalf of a student who fails to complete the student's education within six years shall become a debt due. The higher education department, in consultation with the student, shall establish terms of repayment, including interest at the prime rate published in the eastern print edition of the Wall Street Journal. A debt owed pursuant to this section shall not accrue interest until the higher education department determines that the tuition assistance recipient has failed to maintain eligibility, drops out of school or fails to complete the educational program leading to a degree or certificate.
D. The higher education department shall establish procedures for collecting debts owed it on behalf of the state pursuant to this section and may contract with one or more attorneys or law firms or with any other private business concern to assist the higher education department in collecting any debt created pursuant to this section. A contract shall not be entered into pursuant to this section unless proposals have been sought from two or more qualified firms.
SECTION 5. APPLICABILITY.--The provisions of this act apply to students enrolling in the fall 2013 semester of a public post-secondary educational institution as their qualifying semester.
SECTION 6. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2013.
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