HOUSE BILL 259
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Edward C. Sandoval
AN ACT
RELATING TO HIGHER EDUCATION; PROVIDING RESIDENT TUITION ELIGIBILITY FOR VETERANS OF THE UNITED STATES ARMED FORCES AT NEW MEXICO INSTITUTIONS OF HIGHER EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 21-1-4.5 NMSA 1978 (being Laws 2005, Chapter 168, Section 1) is amended to read:
"21-1-4.5. RESIDENT TUITION FOR VETERANS OF THE ARMED FORCES OF THE UNITED STATES AND FAMILIES OF MEMBERS OF THE ARMED FORCES.--
A. A veteran of the armed forces of the United States shall be deemed an in-state resident for purposes of determining tuition and fees at all state institutions of higher learning provided that veteran is eligible for veterans' education benefits under federal law. In order for an out-of-state resident veteran to receive in-state tuition rates, the veteran shall use the veteran's federal educational benefits at a state public post-secondary institution.
[A.] B. A spouse or child of an active member of the armed forces who is assigned to duty in New Mexico shall be deemed an in-state resident for purposes of determining tuition and fees at all state institutions of higher learning.
[B.] C. A spouse or child of an active member of the armed forces who is assigned to duty elsewhere immediately following assignment to duty in New Mexico shall be deemed an in-state resident for purposes of determining tuition and fees at all state institutions of higher learning as long as the spouse or child resides continuously in New Mexico.
[C.] D. A spouse or child of an active member of the armed forces who dies or is killed shall be deemed an in-state resident for purposes of determining tuition and fees at all state institutions of higher learning if the spouse or child becomes a resident of New Mexico within sixty days of the date of death.
E. A veteran of the armed forces who pays tuition and fees at the rate provided for New Mexico residents under this section is entitled to pay tuition and fees at the rate provided for New Mexico residents in any subsequent term or semester while the veteran is continuously enrolled in the same degree or certificate program. For purposes of this subsection, a veteran is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program.
[D.] F. If an active member of the armed forces is stationed outside New Mexico and the member's spouse or child establishes residence in New Mexico and files with a state institution of higher learning at which the spouse or child plans to register a letter of intent to establish and continue residing in New Mexico, the spouse or child shall be deemed an in-state resident for purposes of determining tuition and fees at that state institution of higher learning without regard to length of time that the spouse or child has resided in the state.
[E.] G. A spouse or child of an active member of the armed forces who pays tuition and fees at the rate provided for New Mexico residents under this section is entitled to pay tuition and fees at the rate provided for New Mexico residents in any subsequent term or semester while the person is continuously enrolled in the same degree or certificate program. For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. A person's eligibility to pay tuition and fees at the rate provided for New Mexico residents under this subsection does not terminate because the person is no longer a child or spouse of a member of the armed forces.
[F.] H. As used in this section, "armed forces" means the United States army, navy, air force, marine corps or coast guard.
I. As used in this section, a "veteran" means a person who has been discharged under conditions other than dishonorable from service in the army, navy, marine corps, air force or coast guard of the United States."
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