SENATE INDIAN AND CULTURAL AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 588

46th legislature - STATE OF NEW MEXICO - second session, 2004

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; PROVIDING FOR A DISTRIBUTION EQUAL TO TWENTY-FIVE PERCENT OF INDIAN GAMING REVENUES TO BE DISTRIBUTED TO TRIBALLY OR FEDERALLY ESTABLISHED POST-SECONDARY EDUCATIONAL INSTITUTIONS LOCATED IN NEW MEXICO; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--Sections 1 through 3 of this act may be cited as the "Tribal College Act".

     Section 2. DEFINITIONS.--As used in the Tribal College Act:

          A. "commission" means the commission on higher education;

          B. "fund" means the tribal college fund;

          C. "New Mexico resident" means a student who:

                (1) lives in New Mexico at the time that the student is accepted as a student at a tribal college;

                (2) is a member of a tribe;

                (3) graduated from a secondary school located in New Mexico; or

                (4) would be considered a resident student for tuition and budget and revenue calculation purposes pursuant to Section 21-1-3 NMSA 1978;

          D. "tribal college" means the New Mexico campus of a public post-secondary educational institution established by a tribe or the federal government with one or more campuses located in New Mexico; and

          E. "tribe" means an Indian nation, tribe or pueblo wholly or partially located in New Mexico.

     Section 3. TRIBAL COLLEGE FUND CREATED--ADMINISTRATION--DISTRIBUTIONS.--

          A. The "tribal college fund" is created in the state treasury. It shall consist of money appropriated by the legislature, earnings on the fund, gifts, grants, bequests or other distributions to the fund. Balances in the fund at the end of a fiscal year shall not revert to the general fund.

          B. The fund shall be administered by the commission.

          C. Beginning in 2005, money in the fund shall be distributed in August of each year by the commission to tribal colleges based on the number of students who were New Mexico residents registered in the spring term immediately preceding the distribution of money from the fund.

          D. Money shall be distributed pursuant to vouchers signed by the director of the commission on warrants signed by the secretary of finance and administration.

     Section 4. APPROPRIATION.--An amount equal to twenty-five percent of the aggregate amount of revenue sharing paid annually to the state pursuant to the tribal-state class III gaming compacts with New Mexico that were approved by the United States secretary of the interior in 2001, or subsequently, is appropriated from the general fund to the tribal college fund in fiscal year 2005 and subsequent fiscal years to carry out the purposes of the Tribal College Act. Balances remaining in the tribal college fund at the end of a fiscal year shall not revert to the general fund.

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