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H0232..........................................................by EDUCATION COLLEGE SAVINGS PROGRAM - Amends existing law to provide that the maximum term of agreement between the Idaho College Savings Program Board and a contracted manager of the program shall not exceed ten years. 02/22 House intro - 1st rdg - to printing 02/23 Rpt prt - to Educ 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Boe, Bradford, Loertscher Floor Sponsor - Nonini Title apvd - to Senate 03/05 Senate intro - 1st rdg - to Educ 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Bastian Floor Sponsor - Pearce Title apvd - to House 03/16 To enrol - Rpt enrol - Sp signed 03/19 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 170 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 232 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO THE COLLEGE SAVINGS PROGRAM; AMENDING SECTION 33-5403, IDAHO CODE, 3 TO PROVIDE THE MAXIMUM TERM OF AGREEMENT BETWEEN THE IDAHO COLLEGE SAVINGS 4 PROGRAM BOARD AND A CONTRACTED MANAGER OF THE PROGRAM SHALL NOT EXCEED TEN 5 YEARS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 33-5403, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-5403. USE OF CONTRACTOR AS ACCOUNT DEPOSITORY AND MANAGER. (1) The 10 board shall implement the program through the use of one (1) or more financial 11 institutions to act as the depositories and managers. Under the program, per- 12 sons may establish accounts through the program at the depository. 13 (2) The board shall solicit proposals from financial institutions to act 14 as the depositories and managers of the program. Financial institutions that 15 submit proposals must describe the financial instruments that will be held in 16 accounts. 17 (3) The board shall select as program depositories and managers the 18 financial institution or institutions from among bidding financial institu- 19 tions that demonstrate the most advantageous combination, both to potential 20 program participants and this state, of the following factors: 21 (a) Financial stability and integrity; 22 (b) The safety of the investment instruments being offered, taking into 23 account any insurance provided with respect to these instruments; 24 (c) The ability of the investment instruments to track estimated costs of 25 higher education as calculated by the board and provided by the financial 26 institution to the account holder; 27 (d) The ability of the financial institutions, directly or through a sub- 28 contract, to satisfy recordkeeping and reporting requirements; 29 (e) The financial institution's plan for promoting the program and the 30 investment it is willing to make to promote the program; 31 (f) The fees, if any, proposed to be charged to persons for maintaining 32 accounts; 33 (g) The minimum initial deposit and minimum contributions that the finan- 34 cial institution will require and the willingness of the financial insti- 35 tution to accept contributions through payroll deduction plans and other 36 deposit plans; 37 (h) Any other benefits to this state or its residents included in the 38 proposal, including an account opening fee payable to the board by the 39 account owner and an additional fee from the financial institution for 40 statewide program marketing by the board. 41 (4) The board shall enter into a contract with a financial institution 42 or, except as provided in subsection (5) of this section, contracts with 43 financial institutions, to serve as program managers and depositories. 2 1 (5) The board may select more than one (1) financial institution and 2 investment for the program if both of the following conditions exist: 3 (a) The United States internal revenue service has provided guidance that 4 giving a contributor a choice of two (2) investment instruments under a 5 state plan will not cause the plan to fail to qualify for favorable tax 6 treatment under section 529 of the Internal Revenue Code; 7 (b) The board concludes that the choice of instrument vehicles is in the 8 best interest of college savers and will not interfere with the promotion 9 of the program. 10 (6) A program manager shall: 11 (a) Take all action required to keep the program in compliance with the 12 requirements of this chapter and all action not contrary to this chapter 13 or its contract to manage the program so that it is treated as a qualified 14 state tuition plan under section 529 of the Internal Revenue Code; 15 (b) Keep adequate records of each account, keep each account segregated 16 from each other account and provide the board with the information neces- 17 sary to prepare statements required by section 33-5404, Idaho Code, or 18 file these statements on behalf of the board; 19 (c) Compile and total information contained in statements required to be 20 prepared under section 33-5404, Idaho Code, and provide these compilations 21 to the board; 22 (d) If there is more than one (1) program manager, provide the board with 23 this information to assist the board to determine compliance with section 24 33-5404, Idaho Code; 25 (e) Provide representatives of the board, including other contractors or 26 other state agencies, access to the books and records of the program man- 27 ager to the extent needed to determine compliance with the contract; 28 (f) Hold all accounts in trust for the benefit of this state and the 29 account owner. 30 (7) Any contract executed between the board and a financial institution 31 pursuant to this section shall be for a term not to exceedfiveten (510) 32 years. 33 (8) If a contract executed between the board and a financial institution 34 pursuant to this section is not renewed, all of the following conditions apply 35 at the end of the term of the nonrenewed contract: 36 (a) Accounts previously established and held in investment instruments at 37 the financial institution shall not be terminated; 38 (b) Additional contributions may be made to the accounts; 39 (c) No new accounts may be placed with that financial institution. 40 (9) The board may terminate a contract with a financial institution at 41 any time for good cause on the recommendation of the board. If a contract is 42 terminated pursuant to this subsection, the board shall take custody of 43 accounts held at that financial institution and shall seek to promptly trans- 44 fer the accounts to another financial institution that is selected as a pro- 45 gram manager and into investment instruments as similar to the original 46 investments as is possible.
STATEMENT OF PURPOSE RS 16911 This legislation extends the length of term for the contractual agreement between the Idaho College Savings Plan board and the administrator of the program from five (5) to ten (10) years. Vendors who are seeking this contract need a longer term to be able to recover their investment and yet remain competitive. The result of this bill will be an increase in the number of vendors who bid on the contract, and it will also allow the board to negotiate more favorable terms with interested vendors. FISCAL NOTE No fiscal impact. Contact Name: Ron Crane, Idaho State Treasurer's Office Phone: 334-3200 Liza Carberry, Investment Manager 332-2997 STATEMENT OF PURPOSE/FISCAL NOTE H 232