SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF EDUCATION/COLLEGE STUDENT AID COMMISSION BILL)

A BILL FOR

An Act relating to the duties and activities of the college student aid commission regarding educational programs, career planning tools, and trusts; permitting the commission to authorize a nonprofit foundation; and creating an educational planning grant fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 21.2, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  k.  A nonprofit foundation authorized by the college student aid commission pursuant to section 261.2, subsection 12.
   Sec. 2.  Section 22.1, subsection 1, Code 2011, is amended to read as follows:
   1.  The term“government body” means this state, or any county, city, township, school corporation, political subdivision, tax-supported district, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D; the governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized; or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of this chapter.  For purposes of this chapter, a nonprofit foundation authorized by the college student aid commission pursuant to section 261.2, subsection 12, shall be considered a government body.
   Sec. 3.  Section 261.2, subsection 3, Code 2011, is amended to read as follows:
   3.
  a.  Develop and implement, in cooperation with the state board of regents and the department of education, an educational program programs and marketing strategies designed to inform students and parents about the options available for financing planning, preparing, and paying for a college education and the need to accumulate the financial resources necessary to pay for a college education. The educational program programs shall include but not be limited to distribution of informational material to public and nonpublic elementary schools for distribution to parents and guardians of five-year and six-year old children and administration of a career planning internet-based tool.
   b.  Administer the educational planning grant fund. The educational planning grant fund is created in the state treasury as a separate fund under the control of the commission. Moneys in the educational planning grant fund shall be used for educational programs and marketing strategies developed and implemented in accordance with paragraph “a”. The fund shall consist of moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by the commission from the federal government or private sources for placement in the fund. The moneys credited to the fund are not subject to section 8.33, and moneys in the fund shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided by law. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the educational planning grant fund shall be credited to the fund.
   Sec. 4.  Section 261.2, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  11.  Accept and administer trusts deemed by the commission to be beneficial for Iowa students and families.
   NEW SUBSECTION.  12.  Authorize, at its discretion, a nonprofit foundation acting solely for the support of commission activities authorized or required pursuant to this chapter. The nonprofit foundation may accept and administer trusts, gifts, grants, and other bequests, contributions, or donations deemed by the commission to be beneficial to Iowa students and families. Notwithstanding section 633.63, the commission and the nonprofit foundation may act as trustees in such instances. The commission shall require that moneys belonging to the nonprofit foundation be audited annually. The foundation is not a state agency, shall not exercise any sovereign power of the state, and the state shall not be liable for any of the foundation’s debts. The foundation is a governmental body solely for purposes of chapter 21 and a government body solely for purposes of chapter 22.
EXPLANATION
   This bill requires the college student aid commission to administer a career planning internet-based tool and an educational planning grant fund and to accept and administer trusts, and allows the commission to authorize a nonprofit foundation that acts solely for the support of commission activities. 
   The nonprofit foundation is authorized to accept and administer trusts, gifts, grants, and other bequests, contributions, or donations. The commission and the nonprofit foundation may act as trustees in those instances. Moneys belonging to the nonprofit foundation must be audited annually. For purposes of the open meetings law, the nonprofit foundation is a governmental body. For purposes of the open records law, the nonprofit foundation is a government body. The bill provides that the foundation is not a state agency, nor shall it exercise any sovereign power of the state, and the state shall not be liable for any of the foundation’s debts.
   The educational planning grant fund is created in the state treasury under the control of the commission. The fund must be used for educational programs and marketing strategies developed and implemented by the commission. The fund consists of moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by the commission from the federal government or private sources.
   The bill requires the commission to cooperate with the department of education in developing and implementing educational programs and marketing strategies designed to inform students and parents about planning, preparing, and paying for a college education.