44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO LOTTERY REVENUE; PROVIDING FOR LEGISLATIVE SUCCESS SCHOLARSHIPS; PROVIDING FOR DISTRIBUTION OF ALL LOTTERY REVENUE TO LEGISLATIVE SUCCESS SCHOLARSHIPS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 6-24-3 NMSA 1978 (being Laws 1995, Chapter 155, Section 3) is amended to read:
"6-24-3. PURPOSES.--The purposes of the New Mexico Lottery Act are to:
A. establish and provide for the conduct of a fair and honest lottery for the entertainment of the public; and
B. provide the maximum amount of revenues, without
imposing additional taxes or using other state revenues, for
the purposes of [(1) funding critical capital outlay needs of
the public schools; and
(2)] providing tuition assistance to resident
undergraduates at New Mexico post-secondary educational
institutions, which shall be known as "legislative success
scholarships"."
Section 2. Section 6-24-23 NMSA 1978 (being Laws 1995, Chapter 155, Section 23, as amended) is amended to read:
"6-24-23. [LOTTERY TUITION] LEGISLATIVE SUCCESS
SCHOLARSHIP FUND CREATED--PURPOSE.--
A. The "[lottery tuition] legislative success
scholarship fund" is created in the state treasury. The fund
shall be administered by the commission on higher education.
Earnings from investment of the fund shall accrue to the
credit of the fund. Any balance in the fund at the end of any
fiscal year shall remain in the fund for appropriation by the
legislature as provided in this section.
B. After appropriation, if any, by the legislature
for scholarships pursuant to Subsection C of Section 21-1-2
NMSA 1978, the remaining money in the [lottery tuition]
legislative success scholarship fund is appropriated to the
commission on higher education for distribution to New
Mexico's public post-secondary educational institutions to
provide tuition assistance for New Mexico resident
undergraduates as provided by law."
Section 3. Section 6-24-24 NMSA 1978 (being Laws 1995, Chapter 155, Section 24) is amended to read:
"6-24-24. DISPOSITION OF REVENUE.--
A. As nearly as practical, an amount equal to at least fifty percent of the gross annual revenues from the sale of lottery tickets shall be returned to the public in the form of lottery prizes.
B. The authority shall transmit all net revenues
to the state treasurer, who shall deposit [sixty percent of
the revenues in the public school capital outlay fund for
expenditure pursuant to the provisions of the Public School
Capital Outlay Act and forty percent] them in the [lottery
tuition] legislative success scholarship fund. Estimated net
revenues shall be transmitted monthly to the state treasurer
for deposit in the [funds, provided] fund, and the total
amount of annual net revenues for the fiscal year shall be
transmitted no later than August 1 each year.
C. In determining net revenues, operating expenses
of the lottery include all costs incurred in the operation and
administration of the lottery and all costs resulting from any
contracts entered into for the purchase or lease of goods or
services required by the lottery, including [but not limited
to] the costs of supplies, materials, tickets, independent
audit services, independent studies, data transmission,
advertising, promotion, incentives, public relations,
communications, commissions paid to lottery retailers,
printing, distribution of tickets, purchases of annuities or
investments to be used to pay future installments of winning
lottery tickets, debt service and payment of any revenue bonds
issued, contingency reserves, transfers to the reserve fund
and any other necessary costs incurred in carrying out the
provisions of the New Mexico Lottery Act.
D. An amount up to two percent of the gross annual
revenues shall be set aside as a reserve fund to cover bonuses
and incentive plans for lottery retailers, special promotions
for retailers, purchasing special promotional giveaways,
sponsoring special promotional events, compulsive gambling
rehabilitation and such other purposes as the board deems
necessary to maintain the integrity and meet the revenue goals
of the lottery. The board shall report annually to the
governor and each regular session of the legislature on the
use of the money in the reserve fund. Any balance in excess
of fifty thousand dollars ($50,000) at the end of any fiscal
year shall be transferred to the [lottery tuition] legislative
success scholarship fund."
Section 4. Section 6-24-27 NMSA 1978 (being Laws 1995, Chapter 155, Section 27) is amended to read:
"6-24-27. REVENUE AND BUDGET REPORTS--RECORDS--INDEPENDENT AUDITS.--
A. The board shall:
(1) submit quarterly and annual reports to the governor, legislative finance committee and lottery oversight committee disclosing the total lottery revenue, prizes, commissions, ticket costs, operating expenses and net revenues of the authority during the reporting period and, in the annual report, describe the organizational structure of the authority and summarize the functions performed by each organizational division within the authority;
(2) maintain weekly or more frequent records of lottery transactions, including the distribution of lottery tickets to retailers, revenue received, claims for prizes, prizes paid, prizes forfeited and other financial transactions of the authority; and
(3) use the state government fiscal year.
B. The board shall provide, for informational
purposes, to the department of finance and administration and
the legislative finance committee, by December 1 of each year,
a copy of the annual proposed operating budget for the
authority for the succeeding fiscal year. This budget
proposal shall also be accompanied by an estimate of the net
revenues to be deposited in the [public school capital outlay
fund and the lottery tuition] legislative success scholarship
fund for the current and succeeding fiscal years.
C. The board shall contract with an independent certified public accountant or firm for an annual financial audit of the authority. The certified public accountant or firm shall have no financial interest in any lottery contractor. The certified public accountant or firm shall present an audit report no later than March 1 for the prior fiscal year. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this financial audit shall be an operating expense of the authority. The legislative finance committee may, at any time, order an audit of any phase of the operations of the authority, at the expense of the authority, and shall receive a copy of the annual independent financial audit. A copy of any audit performed by the certified public accountant or ordered by the legislative finance committee shall be transmitted to the governor, the speaker of the house of representatives, the president pro tempore of the senate, the legislative finance committee and the lottery oversight committee."
Section 5. Section 21-1-4.3 NMSA 1978 (being Laws 1996, Chapter 71, Section 3) is amended to read:
"21-1-4.3. [TUITION] LEGISLATIVE SUCCESS SCHOLARSHIPS
AUTHORIZED--CERTAIN EDUCATIONAL INSTITUTIONS.--
A. To the extent that funds are made available by
the legislature from the [lottery tuition] legislative success
scholarship 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 shall award [tuition]
legislative success 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] legislative success 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. Each [tuition]
legislative success scholarship shall be awarded for up to
four consecutive years beginning the second semester of the
recipient's first year of enrollment [provided that] if 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 first semester of full-time enrollment.
C. The [tuition] legislative success 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 [tuition] legislative success scholarship
for two consecutive years [provided that] if 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 commission on higher education shall
prepare guidelines setting forth explicit student continuing
eligibility criteria and guidelines for administration of the
[tuition] legislative success scholarship program. Guidelines
shall be distributed to the board of regents of each
institution to enable a uniform availability of the [resident
student tuition] legislative success scholarships."
Section 6. Section 21-1-4.4 NMSA 1978 (being Laws 1996, Chapter 71, Section 4) is amended to read:
"21-1-4.4. COMMISSION ON HIGHER EDUCATION--DETERMINATION
OF [TUITION] LEGISLATIVE SUCCESS SCHOLARSHIPS--USE OF [LOTTERY
TUITION] LEGISLATIVE SUCCESS SCHOLARSHIP FUND.--Prior to June
1 of each year, the commission on higher education shall
determine the amount of money available for [tuition]
legislative success scholarships at state public post-secondary educational institutions. Based on the amount
appropriated by the legislature from the [lottery tuition]
legislative success scholarship fund and on the projected
enrollment at all public post-secondary educational
institutions, the commission on higher education shall
establish the percentage of tuition that shall be awarded for
qualified resident students attending New Mexico public post-secondary educational institutions. The percentage of tuition
awarded shall be the same for each institution, regardless of
the actual cost of tuition at each institution."
Section 7. REPEAL.--Laws 1995, Chapter 155, Section 38 is repealed.
Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.