HOUSE BILL 96
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
James Roger Madalena
AN ACT
RELATING TO HIGHER EDUCATION; ENACTING THE TRIBAL COLLEGE SCHOLARSHIP ACT; PROVIDING FOR SCHOLARSHIPS TO NEW MEXICO TRIBAL COLLEGES FOR NATIVE AMERICANS WHO ARE NEW MEXICO RESIDENTS; DETERMINING ELIGIBILITY; PROVIDING LIMITATIONS; CREATING A FUND; PRESCRIBING A PENALTY; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Tribal College Scholarship Act".
Section 2. PURPOSE.--The purpose of the Tribal College Scholarship Act is to encourage students with financial need to attend and complete educational programs at tribal colleges located in New Mexico.
Section 3. DEFINITIONS.--As used in the Tribal College Scholarship Act:
A. "department" means the higher education department;
B. "satisfactory academic progress" means a grade point average of 2.5 or higher on a 4.0 scale;
C. "student" means a New Mexico resident who is:
(1) a member of a federally recognized tribe located in New Mexico; and
(2) enrolled or will be enrolled at a tribal college; and
D. "tribal college" means a tribally, federally or congressionally chartered post-secondary educational institution located in New Mexico that is accredited by the north central association of colleges and schools.
Section 4. CONDITIONS FOR ELIGIBILITY.--
A. A tribal college scholarship may be awarded to a student who:
(1) graduated from a New Mexico high school or was a New Mexico resident when the student received a general education development certificate;
(2) has not earned an associate or higher degree prior to applying for a tribal college scholarship;
(3) is enrolled or will be enrolled at a tribal college in a program leading to a degree or certificate;
(4) has demonstrated financial need consistent with the criteria promulgated by the department;
(5) makes satisfactory academic progress after receiving a tribal college scholarship; and
(6) complies with rules promulgated by the department to carry out the provisions of the Tribal College Scholarship Act.
B. A student is eligible to receive a tribal college scholarship regardless of date of graduation from a New Mexico high school or receipt of a general educational development certificate.
Section 5. SCHOLARSHIP AUTHORIZED--AMOUNT--ADMINISTRATION--REFUND.--
A. The department shall administer the Tribal College Scholarship Act and may promulgate rules to carry out the provisions of that act.
B. Tribal college scholarships shall be awarded to applicants who meet the eligibility requirements. The amount of a scholarship shall not exceed the amount of resident tuition charged by the university of New Mexico for the same number of credit hours.
C. The department shall determine the amount of each scholarship based on the:
(1) number of eligible applicants;
(2) financial need of each applicant;
(3) other financial aid available to the student; and
(4) money available for tribal college scholarships.
D. A scholarship award shall be placed in an account at the tribal college in the name of the student, and money may be drawn from the account to pay for tuition, fees, books and course supplies. Student accounts and academic records of students are subject to audit by the department or the state auditor, and each student and tribal college shall agree to such audits prior to receiving a tribal college scholarship.
E. If a student withdraws, any money in the student's account shall be refunded to the tribal college scholarship fund. If a student withdraws and is entitled to a refund for any tuition as determined by each tribal college's refund policy, the student shall pay to the department, as a refund of the tribal college scholarship, the amount of any refund to which the student is entitled from the tribal college, not to exceed the amount of the tribal college scholarship awarded to that student. The refund shall be deposited in the tribal college scholarship fund.
Section 6. DURATION OF SCHOLARSHIP--TERMINATION.--
A. Each tribal college scholarship is for a period of one semester. Once received, a scholarship may be renewed, provided that the student continues to meet the conditions of eligibility for eight semesters or until the student graduates from the tribal college, whichever comes first. Tribal college scholarships may be awarded in nonconsecutive semesters and for summer sessions.
B. A tribal college scholarship is terminated upon occurrence of one or more of the following:
(1) withdrawal of the student from the tribal college;
(2) failure of the student to achieve satisfactory academic progress; and
(3) substantial noncompliance by the student with the Tribal College Scholarship Act or rules promulgated in accordance with that act.
Section 7. FUND CREATED--ADMINISTRATION--TRANSFERS FROM GENERAL FUND.--
A. The "tribal college scholarship fund" is created in the state treasury, consisting of an amount from the general fund equal to five percent of revenue derived from revenue-sharing agreements with Indian tribes pursuant to Indian gaming compacts; gifts, grants and donations to the fund; refunds to the fund; and income from investment of the fund. Money in the fund shall not revert at the end of a fiscal year. The fund shall be administered by the higher education department, and money in the fund is appropriated to the department to provide tribal college scholarships to eligible students. No more than five percent of the fund may be used for administration of the fund, including annual and special audits of student accounts. Money from the fund shall be disbursed by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative.
B. Annually by August 1, the secretary of finance and administration shall determine the revenue received from revenue-sharing agreements with Indian tribes pursuant to Indian gaming compacts during the previous fiscal year and shall transfer from the general fund an amount equal to five percent of that revenue to the tribal college scholarship fund.
Section 8. PENALTY.--A person who knowingly submits false information to the department or its agents, which information the department has requested and relied on to administer the provisions of the Tribal College Scholarship Act, is guilty of a misdemeanor and may be punished by a fine of not more than one thousand dollars ($1,000). In addition, the person shall pay restitution for any money erroneously paid from the tribal college scholarship fund, which restitution shall be deposited in the fund.
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