reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-9 - Status of bonds.

A. Bonds and other obligations issued under the provisions of the Educational Assistance Act shall not be deemed to constitute a debt, liability or obligation of or a pledge of the faith and credit of the state or any political subdivision thereof, but shall be payable solely from the revenues or assets of the foundation pledged for such payment. Each obligation issued on behalf of the foundation under that act shall contain on its face a statement to the effect that neither the state nor the foundation shall be obligated to pay the obligation or the interest on the obligation except from the revenues or assets pledged for payment and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.
B. Expenses incurred by the foundation in carrying out the provisions of the Educational Assistance Act may be made payable from the revenues and funds provided pursuant to that act, and no liability shall be incurred by the foundation under that act beyond the extent to which such money has been provided.
History:
Laws 1981, ch. 319, § 9; 2011, ch. 168, § 4.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, eliminated references to the loan guarantee corporation organized under repealed Section 21-21A-4 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Securities and Obligations §§ 13, 416, 420 to 424.
81A States § 261.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-10 - Refunding bonds.

The board of directors of the foundation may by resolution provide for the issuance of refunding bonds to refund any outstanding bonds issued under the Educational Assistance Act, together with redemption premiums, if any, and interest accrued or to accrue thereon. Provisions governing the issuance and sale of bonds under that act govern the issuance and sale of refunding bonds insofar as applicable. Refunding bonds may be exchanged for the outstanding bonds or may be sold and the proceeds used to retire the outstanding bonds. Pending the application of the proceeds of any such refunding bonds, with any other available funds, to the payment of the principal, interest and any redemption premiums on the bonds being refunded, and if so provided or permitted in the resolution of the foundation authorizing the issuance of such refunding bonds, to the payment of any interest on such refunding bonds and any expenses incurred in connection with such refunding, such proceeds may be placed in escrow and invested in securities which are unconditionally guaranteed by the United States and which shall mature or which shall be subject to redemption by the holders thereof, at the option of the holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
History:
Laws 1981, ch. 319, § 10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Securities and Obligations §§ 261 to 269.
81A C.J.S. States § 259.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-11 - Trust agreements authorized.

In the discretion of the foundation, any bonds issued under the provisions of the Educational Assistance Act may be secured by a trust agreement by and between the foundation and a corporate trustee, which may be a bank or trust company having trust powers within or without the state. The trust agreement or the resolution providing for the issuance of the bonds may pledge or assign all or any part of the revenues or assets of the foundation, including without limitation educational loan receipts, educational loans, federal interest subsidies, special allowance payments and educational loan commitments; temporary loans, contracts, agreements and other security or investment obligations; the fees or charges made or received by the foundation; the money received in payment of educational loans and interest on that money, including the proceeds of insurance thereon; and any other money received or due to be received by the foundation. The trust agreement or resolution may contain such provisions for protecting and enforcing the rights and remedies of the holders of bonds as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the foundation in relation to the purposes to which bond proceeds may be applied, the disposition or pledging of the revenues or assets of the foundation and the custody, safeguarding and application of all money. It shall be lawful for any bank or trust company incorporated under the laws of the state that may act as depository of the proceeds of bond revenues or other money pursuant to the Educational Assistance Act to furnish such indemnifying bonds or to pledge such securities as may be required by the foundation. The trust agreement or resolution may set forth the rights and remedies of the holders of any bonds and of the trustee and may restrict the individual right of action by any bondholders. The trust agreement or resolution may contain such other provisions as the foundation deems reasonable and proper for the security of the holders of any bonds. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be paid from the revenues or assets pledged or assigned to the payment of the principal of and the interest on bonds or from any other funds available to the foundation.
History:
Laws 1981, ch. 319, § 11; 2005, ch. 201, § 7.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed "insured student loan" to "educational loan".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Securities and Obligations § 199.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-12 - Pledge of assets or revenues of foundation.

The pledge of any assets or revenues of the foundation to the payment of the principal of or the interest on any bonds shall be valid and binding from the time when the pledge is made, and any such assets or revenues shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the foundation, irrespective of whether such parties have notice thereof. Nothing herein shall be construed to prohibit the foundation from selling any assets subject to any such pledge except to the extent that any such sale may be restricted by the trust agreement or resolution providing for the issuance of such bonds.
History:
Laws 1981, ch. 319, § 12.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-13 - All money received deemed trust funds.

Notwithstanding any other provisions of law, all money received by the foundation under the provisions of the Educational Assistance Act shall be deemed to be trust funds to be held and applied solely as provided in that act. The resolution authorizing any obligations or the trust agreement securing the obligations may provide that any of the money may be temporarily invested pending disbursement and shall provide that any officer with whom or any bank or trust company with which the money is deposited shall act as trustee of the money and shall hold and apply the money for the purposes of the Educational Assistance Act pursuant to the resolution or trust agreement.
History:
Laws 1981, ch. 319, § 13; 2011, ch. 168, § 5.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, eliminated the requirement that money of the foundation be invested as provided in the Educational Assistance Act.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-14 - Rights of holders of bonds.

Any holder of bonds issued under the provisions of the Educational Assistance Act or any coupons appertaining thereto, and the trustee under any trust agreement or resolution authorizing the issuance of such bonds, except as the rights given pursuant to that act may be restricted by such trust agreement or resolution, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted by that act or under such trust agreement or resolution or under any other contract executed by the foundation pursuant to that act, and may enforce and compel the performance of all duties required by that act or by such trust agreement or resolution to be performed by the foundation or by any officer thereof.
History:
Laws 1981, ch. 319, § 14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Securities and Obligations §§ 276, 277, 298, 299.
81A C.J.S. States § 262.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-15 - Legal investments; tax exemption.

All bonds issued by the foundation under the Educational Assistance Act are legal and authorized investments for banks, savings banks, trust companies, savings and loan associations, insurance companies, fiduciaries, trustees and guardians and for the sinking funds of political subdivisions, departments, institutions and agencies of the state. When accompanied by all unmatured coupons appurtenant to them, the bonds are sufficient security for all deposits of state funds and of all funds of any board in control of public money at the par value of the bonds. The bonds and the income from the bonds are free from taxation within this state except inheritance and gift taxes. The foundation, in its discretion and by such means as it deems appropriate, may waive the exemption from federal income taxation of interest on the bonds. The bonds subject to federal income taxation issued by the foundation shall be payable as to principal and interest with such frequency as may be required by the foundation.
History:
Laws 1981, ch. 319, § 15; 1988, ch. 124, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
71 Am. Jur. 2d State and Local Taxation §§ 346, 495, 496.
84 C.J.S. Taxation § 260; 85 C.J.S. Taxation § 1098.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-16 - Annual report and audit.

A. The foundation shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding year to the governor, the secretary of state, the state auditor and the legislative finance committee. Each report shall set forth a complete operating and financial statement of the foundation during the year. The board of directors of the foundation shall annually contract with an independent certified public accountant, licensed by the state, to perform an examination and audit of the accounts and books of the foundation, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other records and papers relating to its financial standing, and shall make a determination as to whether the foundation has complied with the provisions of the Educational Assistance Act. The person performing the audit shall furnish copies of the audit report to the governor, the secretary of state, the state auditor and the legislative finance committee, where they shall be placed on file and made available for inspection by the general public.
B. Subject to the provisions of any contract with bondholders or noteholders, the foundation shall prescribe a system of accounts.
C. The costs of audits and examinations performed pursuant to this section shall be paid by the foundation.
History:
Laws 1981, ch. 319, § 16; 2011, ch. 168, § 6; 2013, ch. 75, § 11.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, assigned the functions of the corporations bureau to the secretary of state; in Subsection A, in the first sentence, after "the governor, the", deleted "corporations bureau of the public regulation commission" and added "secretary of state" and in fourth sentence, after "the governor, the", deleted "corporations bureau" and added "secretary of state".
The 2011 amendment,
effective June 17, 2011, eliminated references to the loan guarantee corporation organized under repealed Section 21-21A-4 NMSA 1978; in Subsection A, eliminated the authority of the director of the financial institutions division of the commerce and industry department to appoint an auditor if the board of directors cannot agree upon an auditor; and eliminated the requirement that the director of the financial institutions division examine the foundation at least once each year to determine if the foundation has complied with the Educational Assistance Act.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-17 - Repealed.

History:
Laws 1981, ch. 319, § 17; 1988, ch. 124, § 2; 1989, ch. 20, § 1; repealed by Laws 2011, ch. 168, § 10.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 168, § 10 repealed 21-21A-17 NMSA 1978, as enacted by Laws 1981, ch. 319, § 17, relating to investment of funds, effective June 17, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-18 - Repealed.

History:
Laws 1981, ch. 319, § 18; 2005, ch. 201, § 8; repealed by Laws 2011, ch. 168, § 10.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 168, § 10 repealed 21-21A-18 NMSA 1978, as enacted by Laws 1981, ch. 319, § 18, relating to investment of severance tax permanent fund in bonds and educational loan notes, effective June 17, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-19 - Gifts by persons, corporations, institutions and associations.

A. Any person or domestic corporation or association organized for the purpose of carrying on a business in New Mexico may, regardless of the provisions of any certificate of incorporation, charter or other articles of organization, make contributions or gifts, grants, bequests, devises or loans to the foundation.
B. Any institution of higher education or nonprofit corporation having funds available for student scholarships or student loans, regardless of the provisions of its charter, certificate of incorporation or other articles of organization including bylaws, may loan these restricted funds to the foundation under such terms and conditions as may be mutually agreed upon for the purpose of making educational loans.
History:
Laws 1981, ch. 319, § 19; 1983, ch. 213, § 24; 2005, ch. 201, § 9.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed "insured educational loans" to "educational loans" in Subsection B.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-20 - Repealed.

History:
Laws 1981, ch. 319, § 20; repealed by Laws 2011, ch. 168, § 10.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 168, § 10 repealed 21-21A-20 NMSA 1978, as enacted by Laws 1981, ch. 319, § 20, relating to conflicts of interest, effective June 17, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-21 - Dissolution of foundation.

Upon termination or dissolution, all rights and properties of the foundation shall pass to and be vested in the state, subject to the rights of any bondholders, lienholders and other creditors.
History:
Laws 1981, ch. 319, § 21; 2011, ch. 168, § 7.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, eliminated references to the loan guarantee corporation organized under repealed Section 21-21A-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-22 - Agreement with the state.

The state does hereby pledge to and agree with the holders of any bonds or notes issued under the Educational Assistance Act that the state will not limit or alter the rights hereby vested in the foundation or the corporation by that act to fulfill the terms of any agreement made with the holders thereof or in any way impair the rights and remedies of such holders until such bonds or notes together with the interest thereon, with interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceedings by or on behalf of such holders are fully met and discharged. The foundation is authorized to include this pledge and agreement of the state in any agreement with the holders of such bonds or notes.
History:
Laws 1981, ch. 319, § 22.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-23 - Repealed.

History:
Laws 1981, ch. 319, § 23; repealed by Laws 2011, ch. 168, § 10.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 168, § 10 repealed 21-21A-23 NMSA 1978, as enacted by Laws 1981, ch. 319, § 23, relating to administration of Student Loan Act and Student Loan Guarantee Act, effective June 17, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-24 - Educational assistance; foundation activities not affected by repeal.

The repeal of sections or parts of sections of the Educational Assistance Act does not affect the existence of the educational assistance foundation created pursuant to that act or its activities in relation to bonds issued and outstanding or the servicing of student loans outstanding, including any special status of the foundation or dispensation granted to the foundation prior to the effective date of this 2011 act in other provisions of law.
History:
Laws 2011, ch. 168, § 8.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 168 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21A - Educational Assistance › Section 21-21A-25 - Educational assistance; nonprofit corporation status not affected by repeal.

The repeal of sections or parts of sections of the Educational Assistance Act does not affect the existence of the educational assistance nonprofit corporation created pursuant to that act or its designation as the single nonprofit corporation authorized to provide a statewide educational loan program for the purposes of the federal Higher Education Act of 1965.
History:
Laws 2011, ch. 168, § 9.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 168 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
Cross references.
— For the federal Higher Education Act of 1965,
see
20 U.S.C. § 1001 et seq.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21B - Work-Study › Section 21-21B-1 - Short title.

Chapter 21, Article 21B NMSA 1978 may be cited as the "Work-Study Act".
History:
Laws 1982, ch. 88, § 1; 2005, ch. 289, § 27.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, added the statutory reference to the act.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21B - Work-Study › Section 21-21B-2 - Definitions.

As used in the Work-Study Act:
A. "board" or "commission" or "department" means the higher education department; and
B. "institution" means any state post-secondary educational institution and any private nonprofit post-secondary educational institution within New Mexico.
History:
Laws 1982, ch. 88, § 2; 2005, ch. 289, § 28.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, defined "commission" and "department" in Subsection A to mean the higher education department and deleted the reference to the board of educational finance in the definition in Subsection A.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21B - Work-Study › Section 21-21B-3 - Fund; creation.

A "work-study fund" is created in the state treasury. The commission is instructed to create and maintain a state work-study program in accordance with the Work-Study Act. The commission is authorized to promulgate rules and regulations necessary to administer the Work-Study Act. A financial aid officer may exercise professional judgment when special circumstances exist to adjust cost of attendance or expected family contribution or to modify other factors that make the program responsive to a student's special financial circumstances and for which documentation exists in the student's file within the parameters authorized for this program.
History:
Laws 1982, ch. 88, § 3; 1991, ch. 262, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "commission" for "board" in two places and added the final sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21B - Work-Study › Section 21-21B-4 - Fund; allocation.

Funds appropriated to the work-study fund shall be allocated by the board to eligible institutions for their use in employing eligible students.
History:
Laws 1982, ch. 88, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 19, 32 to 34; 63A Am. Jur. 2d Public Funds §§ 56 to 58.
14A C.J.S. Colleges and Universities §§ 7, 31, 33; 81A States §§ 205, 211.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21B - Work-Study › Section 21-21B-6 - Program; description.

Any student who is eligible under Section 7 [21-21B-7 NMSA 1978] of the Work-Study Act may apply for work-study employment, but the board must expend at least one-third of the money from the work-study fund in any one academic year for applicants chosen on the basis of monetary need criteria set by the board. The institution which the student attends shall arrange employment. Employment is limited to post-secondary nonprofit institutions, state political subdivisions, state agencies and nonprofit organizations which are approved by the board. The employer must pay at least twenty percent of the salary and benefits of the student.
History:
Laws 1982, ch. 88, § 6.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21B - Work-Study › Section 21-21B-7 - Students; eligibility.

A student is eligible for employment in the state work-study program if he is enrolled at least a one-half-time student, is in compliance with the institution's satisfactory academic progress requirements, is a resident of New Mexico and has legally entered the United States. The commission on higher education shall establish criteria to apply in determining whether the enrollment and residency requirements are met by the applicant.
History:
Laws 1982, ch. 88, § 7; 1991, ch. 262, § 2.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, rewrote the first sentence which read "A student is eligible for employment in the state work-study program if he is enrolled as a full-time student, maintains a grade point average of 2.0 on a 4.0 scale during an academic term and is a resident of New Mexico and a citizen of the United States" and substituted "commission on higher education" for "board" in the second sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21B - Work-Study › Section 21-21B-8 - Compensation.

Students shall not be paid less than the rate set forth in Section 50-4-22 NMSA 1978. Students are not eligible for benefits under the Unemployment Compensation Law [Chapter 51 NMSA 1978] because of participation in the work-study program.
History:
Laws 1982, ch. 88, § 8.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21B - Work-Study › Section 21-21B-9 - Prohibitions.

Students cannot work in the following jobs and remain eligible for the state work-study program:
A. jobs that advance a religious purpose;
B. jobs that have an objective that is primarily religious;
C. jobs that involve excessive entanglements with a religious organization; and
D. jobs that involve partisan political activity.
History:
Laws 1982, ch. 88, § 9.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21C - Student Choice Grants › Section 21-21C-2 - Purpose.

The legislature finds that independent institutions of higher education provide a valuable service for New Mexico residents by allowing educational choice. The legislature declares that the purpose of the Student Choice Act is to broaden student choice and to make maximum possible utilization of existing postsecondary educational resources and facilities, both public and independent, and thus to benefit the residents of the state. The legislature further finds that the broadening of educational choice will reduce the financial demands on the taxpayers of New Mexico.
History:
Laws 1983, ch. 240, § 2.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21C - Student Choice Grants › Section 21-21C-3 - Definitions.

As used in the Student Choice Act:
A. "board" ["commission" ["department"]] means the board of educational finance [commission on higher education [higher education department]];
B. "institution" means any independent nonprofit nonsectarian four-year college or university whose New Mexico campus is accredited by the North Central Accrediting Association;
C. "independent" as used with respect to an institution means any institution which is not a state institution; and
D. "student choice grant" means a grant awarded to a student by the board [commission [department]] pursuant to the provisions of the Student Choice Act.
History:
Laws 1983, ch. 240, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21C - Student Choice Grants › Section 21-21C-4 - Fund created.

There is created in the state treasury the "student choice fund" which shall be administered by the board [commission [department]] in accordance with the provisions of the Student Choice Act.
History:
Laws 1983, ch. 240, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 19, 32 to 34; 63A Am. Jur. 2d Public Funds §§ 56 to 58.
14A C.J.S. Colleges and Universities §§ 7, 31, 33; 81A States §§ 205, 211.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21C - Student Choice Grants › Section 21-21C-6 - Eligibility.

Eligibility of students under the provisions of the Student Choice Act shall be as follows:
A. for the first year of implementation, eligibility shall be restricted to freshmen;
B. for the second year of implementation, eligibility shall be restricted to freshmen and sophomores;
C. for the third year of implementation, eligibility shall be restricted to freshmen, sophomores and juniors; and
D. for the fourth year of implementation and every year thereafter, freshmen, sophomores, juniors and seniors shall be eligible.
History:
Laws 1983, ch. 240, § 6.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21C - Student Choice Grants › Section 21-21C-8 - Promulgation and distribution of regulations.

The commission [department] may make reasonable regulations, consistent with the purposes and policies of the Student Choice Act, to carry out the purposes of and to efficiently administer the Student Choice Act. Those rules and regulations shall be promulgated in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978]. A financial aid officer may exercise professional judgment when special circumstances exist to adjust cost of attendance or expected family contribution or to modify other factors that make the program responsive to a student's special financial circumstances and for which documentation exists in the student's file within the parameters authorized for this program.
History:
Laws 1983, ch. 240, § 8; 1991, ch. 262, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, substituted "commission" for "board" in the first sentence and added the final sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21C - Student Choice Grants › Section 21-21C-9 - Penalty.

Any person knowingly submitting false information to the board [commission [department]] or its agents, which information the board [commission [department]] has requested in order to administer the provisions of the Student Choice Act, is guilty of a misdemeanor and may be punished by a fine of not more than ten thousand dollars ($10,000).
History:
Laws 1983, ch. 240, § 9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21D - Reduced Tuition for Senior Citizens › Section 21-21D-1 - Short title.

This act [21-21D-1 to 21-21D-5 NMSA 1978] may be cited as the "Senior Citizens Reduced Tuition Act".
History:
Laws 1984, ch. 96, § 1.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21D - Reduced Tuition for Senior Citizens › Section 21-21D-2 - Purpose of act.

The purpose of the Senior Citizens Reduced Tuition Act is to provide educational opportunities for senior citizens at reduced tuition rates at New Mexico post-secondary degree-granting educational institutions. Senior citizens on fixed incomes often cannot afford the tuition to attend classes, but, by attending classes at reduced rates, older persons may be assisted in achieving lives of independence, dignity and purpose.
History:
Laws 1984, ch. 96, § 2.
ANNOTATIONS
Cross references.
— For establishment of state educational institutions,
see
N.M. Const., art. XII, § 11.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 19, 32 to 34; 63A Am. Jur. 2d Public Funds §§ 56 to 58, 68.
14A C.J.S. Colleges and Universities §§ 7, 31, 33; 81A States §§ 205, 211.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21D - Reduced Tuition for Senior Citizens › Section 21-21D-3 - Definitions.

As used in the Senior Citizens Reduced Tuition Act:
A. "department" means the higher education department;
B. "eligible institution" means any New Mexico post-secondary degree-granting educational institution;
C. "reduced tuition" means that tuition charged senior citizens at the rate of five dollars ($5.00) per credit hour, up to ten hours per semester; and
D. "senior citizen" means a person age sixty-five or older.
History:
Laws 1984, ch. 96, § 3; 2019, ch. 124, § 1.
ANNOTATIONS
Cross references.
— For establishment of state educational institutions,
see
N.M. Const., art. XII, § 11.
The 2019 amendment,
effective June 14, 2019, replaced "board" with "department" as a defined term, and revised the definition of "reduced tuition", as used in the Senior Citizens Reduced Tuition Act; in Subsection A, deleted "'board'" and added "'department'", and after "means the", deleted "board of educational finance" and added "higher education department"; and in Subsection C, after "up to", deleted "six" and added "ten".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21D - Reduced Tuition for Senior Citizens › Section 21-21D-4 - Conditions of eligibility.

A. Reduced tuition shall be allowed for any individual who:
(1) is a resident of New Mexico as determined by the definition of residency for tuition purposes as established by the department;
(2) is a senior citizen;
(3) pays any course-specific fees charged for a course;
(4) enrolls at an eligible institution for credit or noncredit courses; and
(5) has completed all course prerequisites.
B. The department shall not restrict, as a condition of eligibility for reduced tuition, the number of credit hours per semester for which an individual may enroll. Regardless of the amount of credits for which an individual enrolls during a semester, the department shall provide reduced tuition to any individual who meets the requirements of Subsection A of this section by allowing that individual to receive a maximum of ten credits at the reduced tuition rate of five dollars ($5.00) for each of those ten credits.
History:
Laws 1984, ch. 96, § 4; 2019, ch. 124, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, provided that the higher education department shall not restrict, as a condition of eligibility to receive reduced tuition, the number of credit hours per semester for which a senior citizen may enroll; added Paragraph A(1), and redesignated former Subsections B through E as Paragraphs A(2) through A(5); in Subsection A, after "Reduced tuition", deleted "may" and added "shall"; and added a new Subsection B.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21D - Reduced Tuition for Senior Citizens › Section 21-21D-5 - Rules.

The department may adopt rules and procedures as necessary or appropriate to implement the provisions of the Senior Citizens Reduced Tuition Act; provided that senior citizens enrolled at reduced tuition shall be allowed to enroll in classes only on a space-available basis and that no full-time equivalent credit shall be given to the eligible institutions for the attendance of senior citizens in classes under the provisions of the Senior Citizens Reduced Tuition Act. A financial aid officer may exercise professional judgment when special circumstances exist to adjust cost of attendance or expected family contribution or to modify other factors that make the program responsive to a student's special financial circumstances and for which documentation exists in the student's file within the parameters authorized for this program.
History:
Laws 1984, ch. 96, § 5; 1991, ch. 262, § 4; 2019, ch. 124, § 3.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, deleted "regulations" after each occurrence of "rules".
The 1991 amendment,
effective June 14, 1991, substituted "commission" for "board" in the first sentence and added the second sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21E - Vietnam Veterans' Scholarship Fund › Section 21-21E-1 - Fund created; administration; purpose.

A. There is created in the state treasury the "Vietnam veterans' scholarship fund". The fund shall consist of all money appropriated to the fund and any grants, gifts and bequests made to the fund. Any money in the fund that was the result of grants, gifts or bequests shall not revert to the general fund at the end of any fiscal year.
B. The commission [department] shall administer the fund and shall make disbursements from the fund to reimburse educational institutions under the exclusive control of the state for any tuition payments, required student fees and book allowances and to non-state colleges in New Mexico an amount equal to the highest tuition, required student fees and book allowances at a state institution for Vietnam veterans who are residents of New Mexico and are undergraduate post-secondary students, including students who have already received a baccalaureate degree or post-secondary students enrolled in a program of study leading to a master's degree attending educational institutions pursuant to Article 9, Section 14 of the constitution of New Mexico and are in compliance with the institution's satisfactory academic progress requirements. The commission [department] may adopt rules, regulations and procedures as necessary or appropriate to implement the provisions of the act. A financial aid officer may exercise professional judgment when special circumstances exist to adjust cost of attendance or expected family contribution or to modify other factors that make the program responsive to a student's special financial circumstances and for which documentation exists in the student's file within the parameters authorized for this program.
History:
Laws 1985, ch. 171, § 1; 1989, ch. 167, § 1; 1991, ch. 262, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Cross references.
— For the general fund,
see
6-4-2 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, rewrote the first sentence and added the final two sentences in Subsection B and made a minor stylistic change in Subsection A.
Eligibility.
— An individual who was a minor temporarily living outside the state at the time of entry into the armed forces in California was not eligible for a Vietnam veterans' scholarship. 1987 Op. Att'y Gen. No. 87-76.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 19, 32 to 34; 63A Am. Jur. 2d Public Funds §§ 56 to 58, 67.
14A C.J.S. Colleges and Universities §§ 7, 31, 33; 81A States §§ 205, 211.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21E - Vietnam Veterans' Scholarship Fund › Section 21-21E-2 - Disbursements from fund.

A. A Vietnam veteran may apply to the veterans' services department for a scholarship. The department shall determine the eligibility of an applicant and certify approved applicants to the commission on higher education [higher education department].
B. The commission on higher education [higher education department] shall pay by voucher to the appropriate educational institution an amount not exceeding the amount of the scholarship for an approved Vietnam veteran.
C. Money in the fund shall be allocated in the order that applications are received and approved.
History:
Laws 1985, ch. 171, § 2; 2004, ch. 19, § 24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
The 2004 amendment,
effective May 19, 2004, amended this section to change "veterans' service commission" to "veterans' services department".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21F - Fire Fighter and Peace Officer Survivors Scholarships › Section 21-21F-1 - Short title.

This act [21-21F-1 to 21-21F-5 NMSA 1978] may be cited as the "Fire Fighter and Peace Officer Survivors Scholarship Act".
History:
Laws 1986, ch. 50, § 1.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21F - Fire Fighter and Peace Officer Survivors Scholarships › Section 21-21F-2 - Legislative intent.

The legislature recognizes the importance of the duties performed by our fire fighters and peace officers and the debt we owe to the fire fighters and peace officers who have lost their lives in the line of duty. The intent of this act [21-21F-1 to 21-21F-5 NMSA 1978] is to make a small payment on that debt by providing their survivors with an opportunity for a college education.
History:
Laws 1986, ch. 50, § 2.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21F - Fire Fighter and Peace Officer Survivors Scholarships › Section 21-21F-3 - Definitions.

As used in the Fire Fighter and Peace Officer Survivors Scholarship Act:
A. "board" or "department" means the higher education department;
B. "cost of attendance" means the price of attendance, the publication of which is required by federal law, and includes tuition and fees, books and supplies, room and board, transportation and any additional costs for a program in which a student is enrolled;
C. "eligible institution" means any public institution of higher education in any state in the United States;
D. "fire fighter" means any member of a fire department that is part of or administered by the state or any political subdivision of the state;
E. "peace officer" means any member of a police or sheriff's department that is part of or administered by the state or any political subdivision of the state and officers in the corrections department;
F. "research institution" means the university of New Mexico, New Mexico state university or New Mexico institute of mining and technology; and
G. "survivor" means the spouse of the fire fighter or peace officer killed in the line of duty and any adopted or natural children twenty-one years of age or under at the time of the fire fighter's or peace officer's death.
History:
Laws 1986, ch. 50, § 3; 2018, ch. 76, § 1.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that "board" or "department" means the "higher education department", and defined "cost of attendance" and "research institution" as used in the Fire Fighter and Peace Officer Survivors Scholarship Act; in Subsection A, after "'board'", added "or department", and after "means the", deleted "board of educational finance" and added "higher education department"; added a new Subsection B and redesignated former Subsections B through D as Subsections C through E, respectively; in Subsection C, after "means any", deleted "state" and added "public", and after "education in", deleted "New Mexico" and added "any state in the United States"; and added a new Subsection F and redesignated former Subsection E as Subsection G.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21F - Fire Fighter and Peace Officer Survivors Scholarships › Section 21-21F-4 - Eligibility.

A. A survivor meeting entrance requirements shall be entitled to a scholarship to the eligible institution of the survivor's choice.
B. If the eligible institution is in New Mexico, the amount of the scholarship shall be equal to the amount of tuition, room and board charged by the institution attended. If the eligible institution is not in New Mexico, the amount of the scholarship shall not exceed the average cost of attendance at New Mexico research institutions.
C. The scholarship shall continue for such time as the recipient remains a student in good standing at the institution, but in no event shall any survivor receive a scholarship for more than six years.
History:
Laws 1986, ch. 50, § 4; 2018, ch. 76, § 2.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided guidelines for determining the amount of the scholarship for an eligible survivor, and increased the maximum number of years a scholarship recipient may receive the scholarship; added new subsection designations "A.", "B.", and "C"; in Subsection B, added "If the eligible institution is in New Mexico", after "tuition", added "room and board", and added the last sentence; and in Subsection C, after "more than", deleted "five" and added "six".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 19, 32 to 34; 63A Am. Jur. 2d Public Funds §§ 56 to 58, 72 to 75.
14A C.J.S. Colleges and Universities §§ 7, 31, 33; 81A C.J.S. States §§ 205, 211.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21F - Fire Fighter and Peace Officer Survivors Scholarships › Section 21-21F-5 - Rules and regulations.

The commission [department] may adopt rules and regulations necessary to implement the provisions of the Fire Fighter and Peace Officer Survivors Scholarship Act. A financial aid officer may exercise professional judgment when special circumstances exist to adjust the cost of attendance or the expected family contribution or to modify other factors that make the program responsive to a student's special financial circumstances and for which documentation exists in the student's file within the parameters authorized for this program.
History:
Laws 1986, ch. 50, § 5; 1991, ch. 262, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, substituted "commission" for "board" in the first sentence and added the second sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21G - Graduate Fellowship › Section 21-21G-1 - Short title.

Chapter 21, Article 21G NMSA 1978 may be cited as the "Graduate Scholarship Act".
History:
Laws 1988, ch. 111, § 1; 1991, ch. 262, § 7.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, rewrote this section which read "Sections 1 through 11 of this act may be cited as the 'Graduate Fellowship Act'."
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21G - Graduate Fellowship › Section 21-21G-2 - Purpose of act.

It is the purpose of the Graduate Scholarship Act to increase graduate enrollment in the state's public universities of students from groups underrepresented in graduate education. By encouraging groups underrepresented in graduate education to pursue advanced degrees in accredited graduate programs, particularly in academic fields of high regional and national priority and fields where their underrepresentation is most severe, the state will benefit by increasing the number of professionals for industry, business, research and development, economic development and public service. The establishment of a graduate scholarship program for students from groups underrepresented in graduate education will efficiently and effectively fulfill the purpose of the Graduate Scholarship Act.
History:
Laws 1988, ch. 111, § 2; 1991, ch. 262, § 8.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "Graduate Scholarship Act" for "Graduate Fellowship Act" in two places and substituted "scholarship program" for "fellowship program" in the final sentence.