House
File
531
-
Introduced
HOUSE
FILE
531
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
71)
A
BILL
FOR
An
Act
relating
to
programs
and
accounts
administered
by
the
1
college
student
aid
commission.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
8A.504,
subsection
1,
paragraph
c,
1
subparagraph
(2),
Code
2013,
is
amended
to
read
as
follows:
2
(2)
An
amount
that
is
due
because
of
a
default
on
a
3
guaranteed
student
or
parental
loan
under
chapter
261
.
4
Sec.
2.
Section
8A.504,
subsection
4,
Code
2013,
is
amended
5
to
read
as
follows:
6
4.
The
director
shall
have
the
authority
to
enter
into
7
reciprocal
agreements
with
the
departments
of
revenue
of
other
8
states
that
have
enacted
legislation
that
is
substantially
9
equivalent
to
the
setoff
procedure
provided
in
this
section
10
for
the
recovery
of
an
amount
due
because
of
a
default
on
a
11
guaranteed
student
or
parental
loan
under
chapter
261
.
A
12
reciprocal
agreement
shall
also
be
approved
by
the
college
13
student
aid
commission.
The
agreement
shall
authorize
the
14
department
to
provide
by
rule
for
the
setoff
of
state
income
15
tax
refunds
or
rebates
of
defaulters
from
states
with
which
16
Iowa
has
a
reciprocal
agreement
and
to
provide
for
sending
17
lists
of
names
of
Iowa
defaulters
to
the
states
with
which
Iowa
18
has
a
reciprocal
agreement
for
setoff
of
that
state’s
income
19
tax
refunds.
20
Sec.
3.
Section
261.12,
subsection
1,
Code
2013,
is
amended
21
to
read
as
follows:
22
1.
The
amount
of
a
tuition
grant
to
a
qualified
full-time
23
student
for
the
fall
and
spring
semesters,
or
the
trimester
24
equivalent,
shall
be
the
amount
of
the
student’s
financial
need
25
for
that
period.
However,
a
tuition
grant
shall
not
exceed
the
26
lesser
of:
27
a.
The
total
tuition
and
mandatory
fees
for
that
student
28
for
two
semesters
or
the
trimester
or
quarter
equivalent,
less
29
the
base
amount
determined
annually
by
the
college
student
30
aid
commission,
which
base
amount
shall
be
within
ten
dollars
31
of
the
average
tuition
for
two
semesters
or
the
trimester
32
equivalent
of
undergraduate
study
at
the
state
universities
33
under
the
board
of
regents,
but
in
any
event
the
base
amount
34
shall
not
be
less
than
four
hundred
dollars
;
or
35
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b.
For
the
fiscal
year
beginning
July
1,
2000,
and
for
each
1
following
fiscal
year,
four
thousand
dollars
.
2
Sec.
4.
Section
261.37,
subsection
7,
Code
2013,
is
amended
3
to
read
as
follows:
4
7.
To
establish
an
effective
system
for
the
collection
5
of
delinquent
loans,
including
the
adoption
of
an
agreement
6
with
the
department
of
administrative
services
to
set
off
7
against
a
defaulter’s
income
tax
refund
or
rebate
the
amount
8
that
is
due
because
of
a
default
on
a
guaranteed
or
parental
9
loan
made
under
this
division
.
The
commission
shall
adopt
10
rules
under
chapter
17A
necessary
to
assist
the
department
of
11
administrative
services
in
the
implementation
of
the
student
12
loan
setoff
program
as
established
under
section
8A.504
.
13
The
commission
shall
apply
administrative
wage
garnishment
14
procedures
authorized
under
the
federal
Higher
Education
Act
of
15
1965,
as
amended
and
codified
in
20
U.S.C.
§
1071
et
seq.,
for
16
all
delinquent
loans,
including
loans
authorized
under
section
17
261.38
,
when
a
defaulter
who
is
financially
capable
of
paying
18
fails
to
voluntarily
enter
into
a
reasonable
payment
agreement.
19
In
no
case
shall
the
commission
garnish
more
than
the
amount
20
authorized
by
federal
law
for
all
loans
being
collected
by
the
21
commission,
including
those
authorized
under
section
261.38
.
22
Sec.
5.
Section
261.38,
subsections
1,
3,
and
4,
Code
2013,
23
are
amended
to
read
as
follows:
24
1.
The
commission
shall
establish
a
loan
reserve
account
25
and
an
agency
operating
account
as
authorized
by
the
federal
26
Higher
Education
Act
of
1965.
The
commission
shall
credit
to
27
these
accounts
this
account
all
moneys
provided
for
the
state
28
student
loan
program
by
the
United
States,
the
state
of
Iowa,
29
or
any
of
their
agencies,
departments
,
or
instrumentalities,
30
as
well
as
any
funds
accruing
to
the
program
which
are
not
31
required
for
current
administrative
expenses.
The
commission
32
may
expend
moneys
in
the
loan
reserve
and
agency
operating
33
accounts
account
as
authorized
by
the
federal
Higher
Education
34
Act
of
1965.
35
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3.
Notwithstanding
section
8.33
,
funds
on
deposit
in
the
1
loan
reserve
and
agency
operating
accounts
account
shall
not
2
revert
to
the
state
general
fund
at
the
close
of
any
fiscal
3
year.
4
4.
The
treasurer
of
state
shall
invest
any
funds
,
including
5
those
in
the
loan
reserve
and
agency
operating
accounts
6
account
,
and,
notwithstanding
section
12C.7
,
the
interest
7
income
earned
shall
be
credited
back
to
the
appropriate
agency
8
operating
account.
9
Sec.
6.
Section
261.38,
subsection
2,
Code
2013,
is
amended
10
by
striking
the
subsection.
11
Sec.
7.
Section
261B.11,
Code
2013,
is
amended
by
adding
the
12
following
new
subsections:
13
NEW
SUBSECTION
.
4.
The
state
of
Iowa
considers
institutions
14
specified
in
subsection
1,
paragraphs
“j”
and
“l”
,
to
be
15
authorized
to
lawfully
operate
in
Iowa
as
a
postsecondary
16
educational
institution
that
grants
a
certificate,
diploma,
17
or
degree
for
the
purpose
of
state
authorization
regulations
18
established
by
the
United
States
department
of
education,
19
provided
the
institution
meets
the
following
conditions:
20
a.
The
institution
is
exempt
from
federal
taxation
under
21
section
501(c)(3)
of
the
Internal
Revenue
Code
on
and
after
22
July
1,
2013.
23
b.
The
institution
originated
in
this
state
and
undergoes
no
24
change
in
ownership
or
control
on
or
after
July
1,
2011.
25
NEW
SUBSECTION
.
5.
The
commission
shall,
by
administrative
26
rule,
identify
the
name
of
each
institution
that
is
authorized
27
by
this
state
to
lawfully
operate
as
a
postsecondary
28
educational
institution
in
the
state
pursuant
to
this
chapter.
29
Sec.
8.
REPEAL.
Sections
261.39
and
261.41,
Code
2013,
are
30
repealed.
31
EXPLANATION
32
This
bill
removes
the
$4,000
cap
on
the
amount
of
an
Iowa
33
tuition
grant
which
may
be
awarded
by
the
college
student
aid
34
commission,
and
makes
changes
to
Code
chapter
261
in
response
35
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531
to
recent
changes
in
the
federal
Higher
Education
Act
of
1965,
1
as
amended.
The
bill
eliminates
references
to
guaranteed
2
student
or
parental
loans
and
to
the
loan
reserve
account,
and
3
repeals
related
Code
provisions.
4
The
bill
also
amends
a
provision
in
Code
chapter
261B,
under
5
which
the
commission
is
authorized
to
register
postsecondary
6
schools
that
operate
in
this
state,
to
provide
that
this
state
7
considers
higher
education
institutions
that
are
located
in
8
Iowa
and
meet
the
criteria
established
in
statute
for
the
Iowa
9
tuition
grant
or
are
affiliated
with
Iowa
health
care
systems
10
and
offer
health
professions
programs
that
are
accredited
by
an
11
agency
recognized
by
the
U.S.
department
of
education,
to
be
12
authorized
to
lawfully
operate
in
Iowa
for
the
purpose
of
state
13
authorization
regulations
established
by
the
U.S.
department
14
of
education,
provided
the
institution
is
exempt
from
federal
15
taxation
on
and
after
July
1,
2013,
and
the
institution
16
originated
in
this
state
and
undergoes
no
change
in
ownership
17
or
control
on
or
after
July
1,
2011.
18
The
commission
is
also
directed,
by
administrative
rule,
to
19
identify
the
name
of
each
institution
that
is
authorized
by
20
this
state
to
lawfully
operate
as
a
postsecondary
educational
21
institution
in
the
state.
22
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