A. The funds set aside under the provisions of Sections 28-14-1 through 28-14-4 NMSA 1978 shall be used for the sole purposes of providing for matricular fees, board and room rent and books and supplies for the use and benefit of the children, not under sixteen and not over twenty-six years of age, of:

(1) those persons who were residents of New Mexico at the time of entry into military service and who entered the military service of the United States during World War I or II, or during any action in which the military forces of the United States are engaged in armed conflict, and who were killed in action or died of other cause during the conflict or as a result of such military service;

(2) deceased members of the New Mexico national guard who were killed while on active duty in the service of the state after having been called to active duty by the governor; and

(3) deceased members of the New Mexico state police who were killed while on active duty in the service of the state.

B. The benefits enumerated in Subsection A of this section shall further be restricted to children who are attending or who may attend a state educational or training institution of a secondary or college grade. Children shall be selected under the provisions of Section 28-14-3 NMSA 1978 and shall be admitted to state institutions of secondary or college grade free of tuition.

History: 1941 Comp., § 66-1701, enacted by Laws 1949, ch. 170, § 1; 1953, ch. 31, § 1; 1953 Comp., § 74-4-1; Laws 1955, ch. 216, § 1; 1971, ch. 83, § 3; 1973, ch. 203, § 1; 1975, ch. 29, § 1; 1975, ch. 89, § 1.

Generally. — A child may be granted a scholarship or other aid covering periods of more than one year. Further, there is no objection to granting these benefits to two or more children of the same deceased veteran. The only basis for determining who shall receive the benefits is "need and merit" as determined by the state board of education. 1955 Op. Att'y Gen. No. 55-6287.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 C.J.S. Armed Services § 113.