2019 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 1 - General Provisions Relating to State Educational Institutions
Section 21-1-4 - Tuition and general fee charges; definitions.

A. The state educational institutions set forth in Article 12, Section 11 of the constitution of New Mexico and their branches, community colleges as provided in Chapter 21, Article 13 NMSA 1978 and technical and vocational institutes as provided in Chapter 21, Article 16 NMSA 1978 shall charge tuition, which is in addition to general or other earmarked fees, as provided by law.

B. "Tuition" means the amount of money charged to students for instructional services, which may be charged per term, per course or per credit. "Tuition" does not include required general or other fees.

C. "General fee" means a fixed sum charged to students for items not covered by tuition and required of such a proportion of all students that the student who does not pay the charge is an exception. General fees include fees for matriculation, library services, student activities, student union services, student health services, debt service and athletics. An institution may charge fees in addition to general fees that are course-specific or that pertain to a smaller proportion of students.

D. During the regular academic year, "full-time student" means a student who is taking twelve or more credit hours in one semester or quarter. Full-time students during the academic year shall be charged tuition at rates provided by law.

E. During the summer session, "full-time student" means a student who is taking at least a minimum number of credit hours, which minimum is in the same proportion to twelve credit hours as the duration and normal credit-hour load of the summer session in the particular institution is to the duration and normal credit-hour load of the institution's regular semester or quarter. Full-time students in the summer session shall be charged tuition at resident and nonresident rates in each institution, which rates shall be in the same proportion to the full-time resident and nonresident rates of that institution for the regular semester or quarter as the minimum number of credit hours is to twelve hours.

F. "Part-time student" means a student who is taking fewer than the minimum number of credit hours in a semester, quarter or summer session required for full-time student status. Part-time students shall be charged tuition at rates per semester credit hour or quarter credit hour as provided by law.

G. The higher education department shall define resident and nonresident students for the purpose of administering tuition charges in accordance with the constitution and statutes of the state and after consultation with the appropriate officials of the institutions concerned. Each institution shall use the uniform definitions so established in assessing and collecting tuition charges from students.

History: 1953 Comp., § 73-30-2.2, enacted by Laws 1971, ch. 235, § 1; 1996, ch. 71, § 2; 2006, ch. 85, § 1.

The 2006 amendment, effective May 17, 2006, in Subsection A, deleted the exception provided in Section 21-1-4.3 NMSA 1978; and added the branches of state educational institutions, community colleges and technical and vocational institutes; added the definition of "tuition" in Subsection B; added the definition of "general fee" in Subsection C; and provided in Subsection F (formerly Subsection D) that part-time students shall be charged per semester credit hour.

The 1996 amendment, effective May 15, 1996, in Subsection A, added "Except as provided in Section 21-1-4.3 NMSA 1978" and substituted "constitution of New Mexico" for "state constitution"; and, in Subsection E, substituted "commission on higher education" for "board of educational finance".

Who may define "resident". — Within the scope of the language of the statutes, constitutional provisions and case law, the state board of educational finance (now the commission on higher education) may define "resident" for use by the state universities and colleges in determining which adult individuals are in fact "resident" persons for college tuition purposes. 1964 Op. Att'y Gen. No. 64-26.

Requisites for residence. — The requisites for establishing a valid residence for college tuition purposes for an adult person are: (1) actual physical presence in the state, and (2) a bona fide intention to establish and maintain such residency in the state permanently or indefinitely. 1964 Op. Att'y Gen. No. 64-26.

Effect of payment of taxes. — Payment of state taxes may be considered as indicia of mental intent to maintain and keep New Mexico residency. 1964 Op. Att'y Gen. No. 64-26.

Out-of-state minor marrying New Mexico spouse. — A minor moving into the state and marrying a spouse from New Mexico does not by the act of marriage alone establish New Mexico residency. 1964 Op. Att'y Gen. No. 64-26.

Mere temporary absence. — Once a bona fide residence is established in New Mexico, mere temporary absence from the state would not in and of itself alter residency. 1964 Op. Att'y Gen. No. 64-26.

Husband's residence governs wife's. — Generally, the husband's residence governs that of the wife living with him. 1964 Op. Att'y Gen. No. 64-26.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities § 21.

Validity and application of provisions governing determination of residency for purpose of fixing fee differential for out-of-state students in public college, 56 A.L.R.3d 641.

Absence from or inability to attend school or college as affecting liability for or right to recover payments for tuition or board, 20 A.L.R.4th 303.

14A C.J.S. Colleges and Universities § 31.