A. Prior to June 1 of each year, based on the amount appropriated by the legislature from the fund and on the projected enrollment at all public post-secondary educational institutions and tribal colleges, the department shall:

(1) determine the total amount of money available for all tuition scholarships for qualified students;

(2) determine the award amount for research institutions, comprehensive institutions, tribal colleges and community colleges; and

(3) notify all public post-secondary educational institutions and tribal colleges of the determinations made pursuant to Paragraphs (1) and (2) of this subsection.

B. In determining distribution and award amounts for the tuition scholarship program, the department shall:

(1) maintain the minimum fund balance pursuant to Section 21-21N-5 NMSA 1978;

(2) distribute to all public post-secondary educational institutions and tribal colleges an amount not to exceed the remaining balance in the fund; and

(3) subject to the provisions of Paragraphs (1) and (2) of this subsection, distribute to each public post-secondary educational institution or tribal college an amount based on:

(a) the projected enrollment at each four-year public post-secondary educational institution and tribal college of qualified students in their first through seventh program semesters, including qualified students in their fourth through seventh program semesters who transferred from community colleges;

(b) the projected enrollment at each community college of qualified students in their first through third program semesters; and

(c) an award for each scholarship recipient distributed in amounts as follows: 1) one thousand five hundred dollars ($1,500) per scholarship per program semester for a student enrolled at a research institution; 2) one thousand twenty dollars ($1,020) per scholarship per program semester for a student enrolled at a comprehensive institution or tribal college; and 3) three hundred eighty dollars ($380) per scholarship per program semester for a student enrolled at a community college.

C. If the total amount available pursuant to Paragraph (1) of Subsection A of this section is less than the amount calculated in Subsection B of this section, the department shall decrease the scholarship award amounts in a manner that maintains the distribution in the same proportions as provided in Subparagraph (c) of Paragraph (3) of Subsection B of this section.

D. If the total amount available pursuant to Paragraph (1) of Subsection A of this section is more than the amount calculated in Subsection B of this section, the department shall increase the scholarship award amounts in a manner that maintains the distribution in the same proportions as provided in Subparagraph (c) of Paragraph (3) of Subsection B of this section.

History: Laws 2014, ch. 80, § 4; 2016, ch. 21, § 3; 2018, ch. 70, § 1; 2019, ch. 54, § 3.

The 2019 amendment, effective July 1, 2019, provided for tribal colleges to receive lottery tuition scholarship funds, and added "tribal colleges" throughout the section.

The 2018 amendment, effective July 1, 2018, amended the Legislative Lottery Tuition Scholarship Act to set flat award amounts for lottery scholarships depending on the sector of institution a student attends, and required the higher education department to reduce or increase scholarship award amounts, depending on available revenues, in a manner that maintains the distribution in the same proportions established in this act; in Paragraph A(2), after "determine the", deleted "uniform percentage by which to calculate tuition scholarships for qualified students attending any public post-secondary educational institution" and added "award amount for research institutions, comprehensive institutions and community colleges"; in Subparagraph B(3)(c), deleted "a uniform percentage of the average of in-state tuition costs charged by: 1) research institutions for each research institution; 2) comprehensive institutions for each comprehensive institution; and 3) community colleges for each community college, except that the uniform percentage for a two-year state educational institution shall be based on the uniform percentage for community colleges" and completely rewrote the subparagraph; and added Subsections C and D.

The 2016 amendment, effective May 18, 2016, clarified language as used in the Legislative Lottery Tuition Scholarship Act and specified that the uniform percentage by which scholarships are calculated for a two-year state educational institution is to be based on the uniform percentage for community colleges; in Subsection B, in Paragraph (1), after "Section", deleted "5 of the Legislative Lottery Tuition Scholarship Act" and added "21-21N-5 NMSA 1978", in Subparagraph B(3)(a), after "enrollment at each", deleted "comprehensive institution, research institution and state educational institution" and added "four-year public post-secondary educational institution, after the first occurrence of "students in their", deleted "second through eighth" and added "first through seventh program", and after the second occurrence of "students in their", deleted "fifth through eighth" and added "fourth through seventh program", in Subparagraph B(3)(b), after "students in their", deleted "second through fourth" and added "first through third program", and in Subparagraph B(3)(c), added "except that the uniform percentage for a two-year state educational institution shall be based on the uniform percentage for community colleges".