February 12, 2000
Mr. Speaker:
Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has been referred
HOUSE BILL 53
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. On page 1, line 12, after "FOR" insert "LEGISLATIVE" and following "LOTTERY" insert "TUITION".
2. On page 1, line 12, before the period insert "; CHANGING THE NAME OF THE SCHOLARSHIP; INCLUDING ADDITIONAL INSTITUTIONS THAT MAY AWARD LEGISLATIVE LOTTERY TUITION SCHOLARSHIPS; MAKING AN APPROPRIATION".
3. On page 2, line 23, after "the" insert "legislative" and on line 24, before the period insert "and shall be granted to the full extent of available funds before legislative lottery tuition scholarships are granted".
4. On page 4, between lines 20 and 21, insert the following sections:
"Section 2. 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 TUITION 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 state school and New Mexico
military institute shall award legislative lottery tuition
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 legislative lottery tuition 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] scholarship shall be awarded for up to four
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 grade point
average of 2.5 or higher on a 4.0 scale during his first semester
of full-time enrollment.
C. The legislative lottery tuition 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]
scholarship for two consecutive years, provided that 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 legislative lottery tuition 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 hundred twenty days of completion of honorable service or medical discharge from the service are accepted for entrance to and attend one of the state educational institutions set forth in this section.
E. The commission on higher education shall prepare
guidelines setting forth explicit student continuing eligibility
criteria and guidelines for administration of the legislative
lottery tuition scholarship program. Guidelines shall be
distributed to the board of regents of each institution to enable
a uniform availability of the [resident student tuition]
scholarships."
Section 3. 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 SCHOLARSHIPS--USE OF LOTTERY TUITION FUND.--Prior to June
1 of each year, the commission on higher education shall determine
the amount of money available for legislative lottery tuition
scholarships at state public post-secondary educational
institutions and the New Mexico campuses of Dine college and
Crownpoint institute of technology. Based on the amount
appropriated by the legislature from the lottery tuition fund and
on the projected enrollment at [all public] those 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] those
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 4. A new section of Chapter 21, Article 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ADDITIONAL ELIGIBILITY FOR LEGISLATIVE LOTTERY TUITION SCHOLARSHIPS.--New Mexico students who are otherwise eligible for a legislative lottery tuition scholarship in accordance with the provisions of Section 21-1-4.3 NMSA 1978 may use their scholarship at a New Mexico campus of Dine college or Crownpoint institute of technology if the school is accredited as a post secondary institution by the north central association of colleges and secondary schools."
Section 5. 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 [shall be] 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 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 tuition scholarships for qualified resident students attending their respective institutions. All other scholarship funds available to the board shall be used before granting any legislative lottery tuition scholarships.
D. The legislative lottery tuition 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. Each
[tuition] 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 grade-point average of
2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.
E. The commission on higher education shall prepare
guidelines setting forth explicit student continuing eligibility
criteria and guidelines for administration of the legislative
lottery tuition scholarship program. Guidelines shall be
distributed to community college boards to enable a uniform
availability of the [resident student tuition] scholarship."
Section 6. Section 21-13-19 NMSA 1978 (being Laws 1968, Chapter 70, Section 2, as amended) is amended to read:
"21-13-19. ENROLLMENT DEFINED--PAYMENTS.--
A. For those students in community colleges taking college-level courses, full-time-equivalent students shall be defined and computed by the commission on higher education in the same manner in which it defines and computes full-time-equivalent students for all other college-level programs within its jurisdiction.
B. No student shall be included in any calculations made under the provisions of this section if the student is enrolled in a course the cost of which is totally reimbursed from federal, state or private sources. The public school district shall transfer to the community college the tuition and fees for any student who, during the term, is counted in the membership of the public school district and will receive high school credit for coursework at the community college.
C. The commission on higher education shall not recommend an appropriation greater than three hundred twenty-five dollars ($325) for each full-time-equivalent student for any community college that levies a tax at a rate less than two dollars ($2.00), unless a lower amount is required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon a rate of at least two dollars ($2.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, or any community college that reduces a previously authorized tax levy, except as required by the operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978.
D. The commission on higher education shall require from the community college such reports as the commission deems necessary for the purpose of determining the number of full-time-equivalent students at the community college eligible to receive support under this section.
E. A community college board shall establish tuition and fee rates for its respective institutions for full-time, part-time, resident and nonresident students, as defined by the commission on higher education.
F. A community college board may establish and grant gratis scholarships to students who are residents of New Mexico in an amount not to exceed the matriculation fee or tuition and fees, or both. Except as provided for legislative lottery tuition scholarships, the number of scholarships established and granted shall not exceed three percent of the preceding fall semester enrollment in each institution and shall not be established and granted for summer sessions. The president of each institution shall select and recommend to the community college board of his institution, as recipients of scholarships, students who possess good moral character and satisfactory initiative, scholastic standing and personality. At least thirty-three and one-third percent of the gratis scholarships established and granted by each community college board each year shall be granted on the basis of financial need."
Section 7. 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 TUITION 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 tuition scholarships for qualified resident students attending a technical and vocational institute. All other scholarship funds available to the board shall be used before granting any legislative lottery tuition scholarships.
B. The legislative lottery tuition 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. Each [tuition] 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 grade-point average of 2.5 or higher on a 4.0 scale during his first
semester of full-time enrollment with renewal of an additional two
years upon transfer.
C. The commission on higher education shall prepare
guidelines setting forth explicit student continuing eligibility
criteria and guidelines for administration of the legislative
lottery tuition scholarship program. Guidelines shall be
distributed to the boards of technical and vocational institutes
to enable a uniform availability of the [resident student tuition]
scholarships."".
5. Renumber succeeding sections accordingly.
6. On page 5, line 2, strike "Any" and insert in lieu thereof "After appropriation pursuant to Subsection B of this section, any".
7. On page 5, strike the remainder of line 3 following "year", strike all of lines 4 and 5 and insert in lieu thereof "is appropriated to the public school capital outlay fund.".
Respectfully submitted,
Max Coll, Chairman
Adopted Not Adopted
(Chief Clerk) (Chief Clerk)
The roll call vote was 11 For 0 Against
Yes: 11
Excused: Coll, Marquardt, Pearce, Picraux, Townsend
Absent: None
.132537.2
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