HOUSE BILL 601

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Sandra D. Jeff

AN ACT

RELATING TO HIGHER EDUCATION; DISTRIBUTING AN AMOUNT EQUAL TO ONE PERCENT OF TRIBAL GAMING REVENUE FOR LOTTERY TUITION SCHOLARSHIPS AT TRIBAL COLLEGES; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] DISTRIBUTION--GENERAL FUND EQUIVALENT OF ONE PERCENT OF TRIBAL GAMING REVENUE-SHARING RECEIPTS.--

          A. A distribution equal to one percent of the net receipts of revenue sharing received pursuant to a class III tribal-state gaming compact for a tribal gaming facility shall be made to the lottery tuition fund. Distributions shall be made on a quarterly basis by the twenty-fifth day of the month following the receipt of the quarterly revenue-sharing payment from a tribe.

          B. The distributions made pursuant to Subsection A of this section shall be allocated for legislative lottery scholarships for students attending tribal colleges pursuant to the provisions of Section 4 of this 2011 act.

          C. As used in this section:

                (1) "tribal gaming facility" means a gaming facility on land approved for such a facility by the federal government pursuant to the federal Indian Gaming Regulatory Act controlled by a tribe and operating pursuant to a class III tribal-state gaming compact; and

                (2) "tribe" means a federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico that has entered into a class III tribal-state gaming compact with the state.

     SECTION 2. Section 6-24-3 NMSA 1978 (being Laws 1995, Chapter 155, Section 3, as amended) 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 purpose of providing tuition assistance to resident undergraduates at New Mexico public post-secondary educational institutions and tribal colleges."

     SECTION 3. Section 6-24-23 NMSA 1978 (being Laws 1995, Chapter 155, Section 23, as amended) is amended to read:

     "6-24-23. LOTTERY TUITION FUND CREATED--PURPOSE.--

          A. The "lottery tuition fund" is created in the state treasury. The fund shall be administered by the [commission on] higher education department. 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. Money in the lottery tuition fund is appropriated to the [commission on] higher education department for distribution to New Mexico's public post-secondary educational institutions and tribal colleges to provide tuition assistance for New Mexico resident undergraduates as provided by law."

     SECTION 4. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] TRIBAL COLLEGES--LEGISLATIVE LOTTERY SCHOLARSHIPS.--

          A. As used in this section, "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.

          B. To the extent that funds are made available by the legislature from the lottery tuition fund, the governing bodies of tribal colleges may accept lottery tuition funds and award legislative lottery scholarships for qualified resident students attending their respective institutions. The scholarships shall be used to defray the cost of tuition at tribal colleges.

          C. 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 general education development certificate, are accepted for entrance to and attend a tribal college. 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 maintains residency in New Mexico and maintains a grade point average of 2.5 or higher on a 4.0 scale during the first semester of full-time enrollment.

          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 general education development certificate, begin service in the United States armed forces; and

                (2) within one hundred twenty days of completion of honorable service or medical discharge from the service are accepted for entrance to and attend a tribal college.

          E. The higher education department shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the legislative lottery scholarship program at tribal colleges. Guidelines shall be distributed to the governing body of each tribal college to enable uniform availability of the legislative tuition scholarships. The department shall enter into agreements with the tribal colleges that allow for financial and programmatic audits of the legislative lottery scholarship program."

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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