LD 2684
pg. 7
Page 6 of 15 An Act to Improve Oversight and Accountability of Student Loan Programs Funded ... Page 8 of 15
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LR 4144
Item 1

 
To the extent and for the purposes contemplated by the federal
Internal Revenue Code of 1954, Section 103(e), as amended, and
successor provisions thereto, including without limitation the
federal Internal Revenue Code of 1986, Section 150(d), as amended,
the Governor may on behalf of the State request the organization of
one or more nonprofit corporations to operate exclusively for the
purpose of acquiring student loan notes incurred under the federal
Higher Education Act of 1965, 20 United States Code, Chapter 28,
Title IV, Part B, as amended. A nonprofit corporation formed under
this section shall report annually on its activities during the
previous fiscal year to the joint standing committee of the
Legislature having jurisdiction over economic development matters,
the joint standing committee of the Legislature having jurisdiction
over appropriation matters and the joint standing committee of the
Legislature having jurisdiction over education matters. That
report must include a listing of the current directors and officers
of the corporation, a summary of the corporation's purchases of
loans in the secondary market during the previous fiscal year, a
listing of the institutions from which loans were purchased during
the previous fiscal year, a summary of the organization's direct
student loans and a complete financial statement of the
corporation's operations for the previous fiscal year, including a
breakdown of income and costs, a breakdown of the administrative
and operating costs of the corporation, a breakdown of the assets
and liabilities of the corporation, total excess revenues over
expenditures for the previous fiscal year and the total
accumulation of these revenues, total income derived from
investments during the previous fiscal year and a breakdown showing
the disposition and use of excess revenues and the proceeds from
investments. That report must include similar information on all
affiliated entities. That report must be provided annually in
writing to the committee by December 1st. Notwithstanding the
requirements of this section, if a nonprofit corporation formed
under this section does not comply with the requirements of this
section, the Governor may request on behalf of the State that one
or more state agencies acquire student loan notes incurred under
the federal Higher Education Act of 1965, 20 United States Code,
Chapter 28, Title IV, Part B, as amended.

 
All education loan notes incurred under the federal Higher
Education Act of 1965, 20 United States Code, Chapter 28 by a
nonprofit corporation formed under this section that are acquired
with proceeds of tax-exempt bonds using a portion of the state
ceiling on private activity bonds must be guaranteed by the state
agency designated as administrator of federal guaranteed student
loan programs pursuant to Title 20-A, chapter 417, subchapter I,
provided that this requirement does not apply to serial loans of
a borrower that are guaranteed by a different guarantee agency


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