C.R.S. Section 23-3.1-202
Definitions


As used in this part 2, unless the context otherwise requires:

(1)

“Advance payment contract” means a contract entered into by the authority, as defined in subsection (2) of this section, and a purchaser in connection with the prepaid postsecondary education expense program as authorized in section 23-3.1-206.7.

(2)

“Authority” means collegeinvest, transferred to the department and existing as a division of the department pursuant to section 23-3.1-203.

(3)

“Board” means the board of directors of the authority.

(4)

“Bond” means any bond, note, debenture, interim certificate, or other evidence of indebtedness authorized to be issued by the authority pursuant to this part 2, including refunding bonds.

(5)

“Bond resolution” means the resolution authorizing the issuance of or providing the terms and conditions related to bonds issued pursuant to this part 2 and includes any trust agreement or trust indenture providing terms and conditions for such bonds.

(6)

“Collegeinvest” means:

(a)

The Colorado student obligation bond authority, as it existed prior to May 26, 2000, as an independent public body politic in accordance with section 23-3.1-203, as it existed prior to said date;

(b)

On and after May 26, 2000, but prior to July 1, 2004, the Colorado student obligation bond authority transferred to the department and existing as a division of the department pursuant to section 23-3.1-203, as it existed prior to said date;

(c)

On and after July 1, 2004, the successor to the Colorado student obligation bond authority existing as a division of the department pursuant to section 23-3.1-203, but designated and formally and legally known, as of July 1, 2004, as collegeinvest.

(7)

“Contract price” means the aggregate of all payment amounts to be remitted during the contract term by purchasers under the outstanding advance payment contracts as provided on the respective dates of execution thereof.

(8)

“Director” means the executive officer of collegeinvest, appointed in accordance with section 23-3.1-203.

(9)

“Excess amount” means the assets in the Colorado prepaid postsecondary education expense trust fund that the actuarial calculation under section 23-3.1-206.7 (5) demonstrates are in excess of the assets required to pay the obligations of the prepaid expense trust fund with a likelihood of such sufficiency of at least ninety-five percent.

(10)

“Executive director” means the executive director of the department of higher education.

(11)

“Executive officer” means the director of collegeinvest, transferred to the department and existing as a division of the department pursuant to section 23-3.1-203.

(12)

“Expected tuition units” means the total tuition units paid for and not distributed or refunded together with the portion of tuition units available for purchase under outstanding advance payment contracts that, based on an actuarial projection, are expected to be paid for and become obligations of the Colorado prepaid postsecondary education expense trust fund.

(13)

“Institutional loan” means a loan made by collegeinvest from bond proceeds, or other available moneys, to one or more institutions of higher education, to a nonprofit corporation acting on behalf of one or more institutions of higher education, to the division, or to purchasers, and made for the purpose of funding student obligations or payments to be made under advance payment contracts.

(14)

“Investable assets” means cash and cash equivalents on deposit in the prepaid expense trust fund and investments of amounts deposited to the prepaid expense trust fund.

(15)

“Prepaid expense program” means the Colorado prepaid postsecondary education expense program authorized in section 23-3.1-206.7.

(16)

“Prepaid expense trust fund” means the Colorado prepaid postsecondary education expense trust fund established by the authority in accordance with section 23-3.1-206.7 (5) and transferred on May 26, 2000, pursuant to section 23-3.1-206.7 (5).

(17)

“Purchaser” means a person who makes or is obligated to make a payment or payments in accordance with an advance payment contract on behalf of a qualified beneficiary.

(18)

“Qualified beneficiary” means a person identified in an advance payment contract as the recipient of moneys or benefits to be disbursed in accordance with an advance payment contract.

(19)

“State institution” shall have the same meaning as provided in section 23-3.3-101 (4).

(20)

“Student” means a student who, under rules promulgated by the division, is enrolled or accepted for enrollment at an institution of higher education and who is making suitable progress in his or her education toward obtaining a degree or other appropriate certification in accordance with standards promulgated by the division.

(21)

“Student obligations” means student obligation notes and other debt obligations evidencing loans made for higher education purposes, or to any person for the purposes of consolidating or refinancing loans for higher education purposes, which are either guaranteed student loans, educational loans, or loans eligible for consolidation or refinancing under Part B of Title IV of the federal “Higher Education Act of 1965”, as amended, which the authority may make, acquire, buy, sell, or endorse pursuant to this part 2, or which one or more institutions of higher education, or a nonprofit corporation acting on behalf of one or more institutions of higher education, or the division may make from or in anticipation of an institutional loan and which include a direct or indirect interest, in whole or part, of the notes or obligations.

(22)

“Tuition” means the quarter, semester, or term charges imposed by an institution of higher education and such fees or charges as may be included in the advance payment contract at the option of the authority.

Source: Section 23-3.1-202 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑3.1‑101
Legislative declaration
23‑3.1‑102
Definitions
23‑3.1‑103
Division created - director - staff
23‑3.1‑103.5
Enterprise status of division
23‑3.1‑104
Duties and powers of division - rules
23‑3.1‑104.5
Additional powers of division
23‑3.1‑104.7
Restructuring plan - legislative declaration
23‑3.1‑106
Student loan program established
23‑3.1‑106.5
Special funds
23‑3.1‑107
Student loan guarantee fund - created
23‑3.1‑108
Age qualification
23‑3.1‑109
Subject to audit
23‑3.1‑110
Designation as sole state agency
23‑3.1‑111
Authority of division to enter into agreements to provide administrative and guarantee services
23‑3.1‑112
Authority and power of the division to guarantee, originate, service, make, and purchase consolidation loans and refinancing loans
23‑3.1‑201
Legislative declaration
23‑3.1‑202
Definitions
23‑3.1‑203
Authority - creation - membership - transfer of personnel
23‑3.1‑204
Organizational meeting - chairperson - conflict of interest
23‑3.1‑205
Meetings of board - quorum - expenses
23‑3.1‑205.3
Transfer of property
23‑3.1‑205.4
Collegeinvest fund - creation - control - use
23‑3.1‑205.5
Collegeinvest - enterprise status
23‑3.1‑205.7
Department of higher education - executive director - powers and duties
23‑3.1‑206
General powers and duties of the authority
23‑3.1‑206.5
Servicing of student obligations and institutional loans
23‑3.1‑206.7
Prepaid expense program
23‑3.1‑206.9
Colorado collegeinvest scholarship program - administration - fund - policies
23‑3.1‑207
Notes
23‑3.1‑208
Bonds
23‑3.1‑209
Negotiability of bonds
23‑3.1‑210
Security for bonds and notes
23‑3.1‑211
Personal liability
23‑3.1‑212
Purchase
23‑3.1‑213
Payment of bonds and advance payment contracts - limited liability of state
23‑3.1‑214
Exemption from taxation - securities law
23‑3.1‑215
Fees
23‑3.1‑216
Investment of funds
23‑3.1‑217
Proceeds as trust funds
23‑3.1‑217.5
Claims of creditors - exemption
23‑3.1‑218
Agreement of the state not to limit or alter rights of obligees
23‑3.1‑219
Enforcement of rights of bondholders
23‑3.1‑220
Bonds eligible for investment
23‑3.1‑221
Account of activities - receipts for expenditures - report - audit
23‑3.1‑222
Federal social security act
23‑3.1‑223
Powers of authority not restricted
23‑3.1‑224
Contract powers of state-supported institutions of higher education - nonliability of state
23‑3.1‑225
Confidentiality of records
23‑3.1‑226
Policies for promotion and disclosure of program information
23‑3.1‑301
Legislative declaration
23‑3.1‑302
Definitions
23‑3.1‑303
Department - purpose - powers - duties
23‑3.1‑304
Authority - purpose - powers - duties
23‑3.1‑305
Financial institutions - managers - purpose - selection - requirements - contracts
23‑3.1‑306
Accounts - contributions - withdrawals - penalties - statements
23‑3.1‑306.5
College kickstarter account program - funding - administration - financial literacy course - rules - legislative declaration - definitions
23‑3.1‑307
Limitations
23‑3.1‑307.1
Personal liability
23‑3.1‑307.3
Proceeds as trust funds
23‑3.1‑307.4
Claims of creditors - exemption
23‑3.1‑307.5
Confidentiality of records
23‑3.1‑307.9
Policies for promotion and disclosure of program information
23‑3.1‑308
Residency
23‑3.1‑309
Tax exemption
23‑3.1‑311
Achieving a better life experience (ABLE) savings program - establishment - authority - powers - duties
Green check means up to date. Up to date

Current through Fall 2024

§ 23-3.1-202’s source at colorado​.gov