Z-1435.2  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2492

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By House Committee on Higher Education (originally sponsored by Representatives Kenney, Gombosky, Fromhold, Lantz, Rockefeller, Hunt, Cox, Jarrett, Edwards, Chase, Wood, McDermott and Haigh; by request of State Treasurer)

Read first time 01/30/2002.  Referred to Committee on .

Revising provisions for college payment programs.

    AN ACT Relating to college payment programs; amending RCW 28B.95.150; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 28B.95.150 and 2001 c 184 s 2 are each amended to read as follows:

    (1) The committee may establish a college savings program.  If such a program is established, the college savings program shall be established, in such form as may be determined by the committee, to be a qualified state tuition program as defined by the internal revenue service under section 529 of the internal revenue code, and shall be administered in a manner consistent with the Washington advanced college tuition payment program.  The committee, in planning and devising the program, shall consult with the state investment board, the state treasurer, a qualified actuarial consulting firm with appropriate expertise to evaluate such plans, the legislative fiscal and higher education committees, and the institutions of higher education.

    (2) ((Up to two hundred thousand dollars of administrative fees collected from guaranteed education tuition program participants may be applied as a loan to fund the development of a college savings program.  This loan must be repaid with interest before the conclusion of the biennium in which the committee draws funds for this purpose from the advanced college tuition payment program account.

    (3))) If such a college savings program is established, the college savings program account is created in the custody of the state treasurer for the purpose of administering the college savings program.  If created, the account shall be a discrete nontreasury account in the custody of the state treasurer.  Interest earnings shall be retained in accordance with RCW 43.79A.040.  Disbursements from the account, except for program administration, are exempt from appropriations and the allotment provisions of chapter 43.88 RCW.  Money used for program administration is subject to the allotment provisions, but without appropriation.

    (((4))) (3) The committee, after consultation with the state investment board, shall determine the investment policies for the college savings program.  Program contributions may be invested by the state investment board or the committee may contract with an investment company licensed to conduct business in this state to do the investing.  The committee shall keep or cause to be kept full and adequate accounts and records of the assets of each individual participant in the college savings program.

    (((5))) (4) Neither the state nor any eligible educational institution may be considered or held to be an insurer of the funds or assets of the individual participant accounts in the college savings program created under this section nor may any such entity be held liable for any shortage of funds in the event that balances in the individual participant accounts are insufficient to meet the educational expenses of the institution chosen by the student for which the individual participant account was intended.

    (((6))) (5) The committee shall adopt rules to implement this section.  Such rules shall include but not be limited to administration, investment management, promotion, and marketing; compliance with internal revenue service standards; application procedures and fees; start-up costs; loans; phasing in the savings program and withdrawals therefrom; deterrents to early withdrawals and provisions for hardship withdrawals; and reenrollment in the savings program after withdrawal.  At the discretion of the committee, funds not to exceed five hundred thousand dollars from the advanced college tuition payment program account may be applied as a loan to fund the start-up of a college savings program.  Funds borrowed are to be repaid, including interest as established by the committee, during a time period determined by the committee but not to exceed four years from the date of the loan, consistent with the fiduciary role of the committee.

    (((7))) (6) The committee may, at its discretion, determine to cease operation of the college savings program if it determines the continuation is not in the best interest of the state.  The committee shall adopt rules to implement this section addressing the orderly distribution of assets.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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