LD 1409
pg. 5
Page 4 of 7 An Act To Update the Process for the Allocation of the State Ceiling on Tax-exe... Page 6 of 7
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LR 2020
Item 1

 
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.

 
1. Origination of loans. A nonprofit corporation formed
under this section Any entity acquiring student loan notes may
not originate federally guaranteed loans or otherwise extend
credit to any person. The corporation entity may not
discriminate against any financial institution or credit union
authorized to do business in this State or any other entity
with respect to the acquisition of loans. The corporation
entity shall adopt policies regarding conflict of interest.

 
2. Loan guarantee. 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 chapter 417, subchapter I 1, provided that this
requirement does not apply to serial loans of a borrower that
are guaranteed by a different guarantee agency and acquired or
financed with tax-exempt bond proceeds prior to the effective
date of this paragraph. The state agency designated as
administrator of federal guaranteed student loan programs
pursuant to chapter 417, subchapter I 1 shall use its best
efforts to provide competitive rates for the guarantee
function.

 
3. Board of directors. The board of directors of a
nonprofit corporation formed under this section consists of 7
members. Four members representing the public with full voting
rights must be appointed by the Governor, subject to review
and approval by the joint standing committee of the
Legislature having jurisdiction over business and economic
development matters and confirmation by the Legislature. The
initial terms of the members appointed by the Governor
pursuant to this subsection begin on the date of the
corporation's year 2000 annual meeting or on December 31,
2000, whichever date occurs first. The terms of the initial
members must be staggered: 2 members must be appointed to 2-
year terms and 2 members must be appointed to 3-year terms.
On the expiration of a term of any member, a successor must be
appointed to a 3-year term. A member serves until a successor
is appointed and qualified. A member is eligible for
reappointment. If a member is appointed to fill a vacancy in
an unexpired term, that member may serve only for the
remainder of that term until a successor is appointed. An
officer, director or employee of a nonprofit corporation
formed under this section may not at the same time serve as an
officer,


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