reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 2 - DEGREES - HONORARY - ACADEMIC ACHIEVEMENT (§§ 23-2-101 — 23-2-105) › Section 23-2-102.5 - Applicability of article

(1)
(a)
A private college or university that enrolls a majority of its students at the certificate or associate level is regulated by the private occupational school division and the private occupational school board pursuant to article
64
of this title 23 and is not subject to the provisions of this article 2.
(b)
If, as a result of changes in student enrollment, a private college or university at times meets the definition provided in section
23-2-102(11)
and should therefore be regulated by the department and the commission, and at other times meets the requirements of paragraph (a) of this subsection (1) and should therefore be regulated by the private occupational school division and the private occupational school board, the private college or university is subject to regulation by the entity that is appropriate as of July 1, 2012, if the private college or university is authorized as of said date, or as of the date the institution applies for authorization, and the institution shall be regulated by the same entity for the following three years. The department shall review the status of the private college or university every three years after July 1, 2012, or every three years after initial authorization, whichever is appropriate, to determine whether the institution should be subject to regulation by the department and the commission or by the private occupational school division and the private occupational school board.
(2)
An out-of-state public institution may request authorization pursuant to the provisions of this article from the department and the commission. In seeking and maintaining authorization pursuant to this article, an out-of-state public institution is subject to the same criteria and requirements that apply to a private college or university.
Amended by 2017 Ch. 261,§ 10, eff. 8/9/2017.
L. 2012: Entire section added, (HB 12-1155), ch. 255, p. 1283, § 10, effective August 8. L. 2017: (1)(a) amended, (HB 17-1239), ch. 261, p. 1205, § 10, effective August 9.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 2 - DEGREES - HONORARY - ACADEMIC ACHIEVEMENT (§§ 23-2-101 — 23-2-105) › Section 23-2-103 - Awarding degrees

Notwithstanding the provisions of section
7-50-105
or any other law to the contrary, a person, partnership, corporation, company, society, or association doing business in the state of Colorado shall not award, bestow, confer, give, grant, convey, or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word "associate", "bachelor", "baccalaureate", "master", or "doctor", or any abbreviation thereof, or offer courses of instruction or credits purporting to lead to any such degree, unless the person, partnership, corporation, company, society, or association is a state college or university; a private college or university that is authorized pursuant to this article 2; a private occupational school; a seminary or religious training institution that is authorized pursuant to this article 2; or a school, college, or university that offers courses of instruction or study in compliance with standards prescribed by part 1 of article
255
of title
12
and articles
100
,
120
,
215
,
220
,
240
,
245
,
275
,
280
,
285
,
290
, and
315
of title
12
.
Amended by 2020 Ch. 157,§ 53, eff. 7/1/2020.
Amended by 2019 Ch. 136,§ 118, eff. 10/1/2019.
L. 65: p. 1043, § 3. C.R.S. 1963: § 124-21-3. L. 76: Entire section amended, p. 414, § 10, effective July 1; entire section amended, p. 424, § 6, effective July 1. L. 78: Entire section amended, p. 314, § 2, effective July 1. L. 81: Entire section amended, p. 1085, § 3, effective May 27. L. 83: Entire section amended, p. 575, § 9, effective April 22. L. 88: Entire section amended, p. 568, § 7, effective July 1. L. 91: Entire section amended, p. 1912, § 23, effective June 1. L. 2012: Entire section amended, (HB 12-1155), ch. 1284, p. 1284, § 11, effective August 8. L. 2019: Entire section amended, (HB 19-1172), ch. 1683, p. 1683, § 118, effective October 1. L. 2020: Entire section amended, (HB 20-1183), ch. 701, p. 701, § 53, effective July 1.
For authority of corporations existing for educational purposes to award degrees, see § 7-50-105.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 2 - DEGREES - HONORARY - ACADEMIC ACHIEVEMENT (§§ 23-2-101 — 23-2-105) › Section 23-2-103.5 - Deposit of records upon discontinuance

(1)
(a)
If a private college or university or seminary or religious training institution ceases operating within this state, the owner of the institution or his or her designee shall deposit with the department the original or legible true copies of all educational records of the institution.
(b)
If the commission determines that the records of a private college or university or seminary or religious training institution that ceases operating within the state are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the department, the commission may seek a court order authorizing the department to seize and take possession of the records.
(c)
The department or the attorney general may enforce the provisions of this subsection (1) by filing a request for an injunction with a court of competent jurisdiction.
(d)
The commission shall adopt policies for the implementation of this subsection (1).
(2)
A person may request, in accordance with the provisions of the "Colorado Open Records Act", part 2 of article
72
of title
24
, C.R.S., a copy of a record held by the department pursuant to this section.
(3)
The department shall permanently retain any student transcripts received pursuant to this section. The department shall retain any other records received pursuant to this section for ten years following the date on which it receives or obtains the records. After the required retention period, the department shall dispose of the records in a manner that will adequately protect the privacy of personal information included in the records.
L. 85: Entire section added, p. 772, § 1, effective June 6. L. 2008: Entire section amended, p. 1478, § 18, effective May 28; entire section amended, p. 1649, § 3, effective May 29. L. 2012: Entire section R&RE, (HB 12-1155), ch. 255, p. 1290, § 15, effective August 8.
Amendments to this section by Senate Bill 08-018 and Senate Bill 08-167 were harmonized.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 2 - DEGREES - HONORARY - ACADEMIC ACHIEVEMENT (§§ 23-2-101 — 23-2-105) › Section 23-2-103.7 - Authorized institutions - responsibilities

(1)
A private college or university or seminary or religious training institution that is authorized pursuant to this article:
(a)
Shall not make or cause to be made any oral, written, or visual statement or representation that violates section
23-2-104(4)
;
(b)
Shall annually provide to the department a copy of the institution's enrollment agreement if the institution uses an enrollment agreement;
(c)
Shall provide bona fide instruction, in accordance with the standards and criteria set by the institution's accrediting body; and
(d)
If the ownership of the institution changes, shall provide to the department, within thirty days after the change, any material information concerning the transaction that is requested by the department.
(2)
If a private college or university or seminary or religious training institution violates any of the requirements specified in subsection (1) of this section, the department may recommend to the commission that the institution's authorization be revoked or placed on probationary status.
L. 2012: Entire section added, (HB 12-1155), ch. 255, p. 1291, § 16, effective August 8.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 2 - DEGREES - HONORARY - ACADEMIC ACHIEVEMENT (§§ 23-2-101 — 23-2-105) › Section 23-2-104.5 - Fees - public hearing

(1)
The commission shall establish fees to be paid by a private college or university or seminary or religious training institution for the administration of this article. The amount of the fees shall reflect the direct and indirect costs of administering this article. The commission shall propose, as part of the department's annual budget request, an adjustment in the amount of the fees that it is authorized to collect pursuant to this section. The budget request and the adjusted fees shall reflect the direct and indirect costs of administering this article.
(2)
Repealed.
(3)
Prior to establishing a new fee or increasing the amount of an existing fee, the commission shall hold a public hearing to discuss and take testimony concerning the new fee or increase in fees. The commission shall provide notice of the public hearing and the proposed new fee or fee increase to each private college or university and seminary and religious training institution at least thirty days prior to the date of the public hearing.
Amended by 2023 Ch. 334,§ 13, eff. 8/7/2023.
L. 2008: Entire section added, p. 1648, § 2, effective May 29. L. 2012: Entire section amended, (HB 12-1155), ch. 255, p. 1298, § 18, effective August 8.
2023 Ch. 334, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 2 - DEGREES - HONORARY - ACADEMIC ACHIEVEMENT (§§ 23-2-101 — 23-2-105) › Section 23-2-105 - [Repealed]

Repealed by 2021 Ch. 462, § 399, eff. 3/1/2022.
L. 65: p. 1044, § 5. C.R.S. 1963: § 124-21-5. L. 81: Entire section amended, p. 1085, § 4, effective May 27. L. 2002: Entire section amended, p. 1529, § 238, effective October 1. L. 2021:Entire section repealed, (SB 21-271), ch. 3223, p. 3223, § 399, effective 3/1/2022; (2) added by revision, (SB 21-271), ch. 462, pp. 3223, 3331, §§ 399, 803.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act repealing this section applies to offenses committed on or after March 1, 2022.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3 - HIGHER AND CAREER AND TECHNICAL EDUCATION LOAN GUARANTEE ACT (§§ 23-3-101 — 23-3-107) › Section 23-3-101 - Short title

The short title of this article 3 is the "Higher and Career and Technical Education Loan Guarantee Act of 1968".
Amended by 2017 Ch. 264,§ 56, eff. 5/25/2017.
L. 68: p. 172, § 1. C.R.S. 1963: § 124-22-13. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1398, § 56, effective May 25.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3 - HIGHER AND CAREER AND TECHNICAL EDUCATION LOAN GUARANTEE ACT (§§ 23-3-101 — 23-3-107) › Section 23-3-102 - Legislative declaration

The general assembly finds and declares that the provision of a higher or career and technical education for all residents of this state who desire such an education and are properly qualified therefor is important to the welfare and security of this state and nation and, consequently, serves an important public purpose and that many qualified students are deterred by financial considerations from completing their education, with a consequent irreparable loss to the state and nation of talents vital to welfare and security. The number of qualified persons who desire higher or career and technical education is increasing rapidly, and the physical facilities, faculties, and staffs of the institutions of higher education operated by the state will have to be expanded greatly to accommodate such persons, with an attendant sharp increase in the cost of educating such persons. A system of financial assistance through guaranteed loans for qualified residents of college age will enable them to attend qualified institutions of their choice.
Amended by 2017 Ch. 264,§ 57, eff. 5/25/2017.
L. 68: p. 172, § 1. C.R.S. 1963: § 124-22-12. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1398, § 57, effective May 25.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3 - HIGHER AND CAREER AND TECHNICAL EDUCATION LOAN GUARANTEE ACT (§§ 23-3-101 — 23-3-107) › Section 23-3-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"College" means any public or nonprofit institution of higher education which is recognized and approved by the regional accrediting agency for the state where such educational institution is situated or which is approved by the United States commissioner of education and which provides a course of study leading to the granting of a postsecondary degree or diploma.
(2)
"Vocational school" means any eligible business or trade school, technical institution, or other vocational institution as determined by the state board for community colleges and occupational education or as approved by the United States commissioner of education.
L. 68: p. 172, § 1. C.R.S. 1963: § 124-22-14.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3 - HIGHER AND CAREER AND TECHNICAL EDUCATION LOAN GUARANTEE ACT (§§ 23-3-101 — 23-3-107) › Section 23-3-104 - Designation of commission

The Colorado commission on higher education, referred to in this article as the "commission", shall be the state agency to administer and supervise the administration of funds under Title IV of Public Law 89-329, known as the "Higher Education Act of 1965", and amendments thereto, and Public Law 89-287, known as the "National Vocational Student Loan Insurance Act of 1965", and amendments thereto.
L. 68: p. 173, § 1. C.R.S. 1963: § 124-22-15.
For the provisions of Public Law 89-329 and Public Law 89-287, see chapters 27 and 28 of title 20, U.S.C.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3 - HIGHER AND CAREER AND TECHNICAL EDUCATION LOAN GUARANTEE ACT (§§ 23-3-101 — 23-3-107) › Section 23-3-106 - Contributions to commission

(1)
The commission is empowered to accept and receive from any individual, association, or corporation or any governmental unit gifts, grants, donations, or contributions of money or property.
(2)
Such contributions or the proceeds thereof shall be used by the commission in furtherance of postsecondary education.
L. 68: p. 174, § 1. C.R.S. 1963: § 124-22-17. L. 77: (2) amended, p. 1096, § 2, effective February 24.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3 - HIGHER AND CAREER AND TECHNICAL EDUCATION LOAN GUARANTEE ACT (§§ 23-3-101 — 23-3-107) › Section 23-3-107 - Age qualification for loan guarantee

Any person otherwise qualifying for a loan shall not be disqualified to receive a loan under the guarantee loan program by reason of his being under the age of twenty-one years. For the purpose of applying for, receiving, and repaying a loan, any person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of legal age with respect thereto.
L. 68: p. 174, § 1. C.R.S. 1963: § 124-22-18.
For age of competence generally, see § 13-22-101.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-101 - Legislative declaration

The general assembly hereby declares that the availability of improved access to and choice of higher education opportunities in this state will benefit the residents of this state and that the establishment of a student loan program will assist such residents in meeting the expenses incurred in availing themselves of such opportunities.
L. 79: Entire article added, p. 807, § 1, effective July 1. L. 84: Entire section amended, p. 617, § 1, effective April 10.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-103 - Division created - director - staff

(1)
The student loan division and the office of the director of the division are created in the department of higher education. The division and the office of the director of the division are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department. The director of collegeinvest is the director of the division. The director, with the approval of the executive director of the commission, shall employ such professional and clerical personnel as deemed necessary to carry out the duties and functions of the division. The director and professional personnel hold educational offices and are exempt from the state personnel system.
(2)
Personnel hired by the director, with the approval of the executive director of the commission, on and after July 1, 2002, to carry out the duties and functions of the division shall receive compensation for their services as determined by the director. Such personnel are declared to hold educational offices and to be exempt from the state personnel system but shall, by acceptance of employment, be subject to the provisions of article
51
of title
24
, C.R.S.
(3)
Any personnel hired within the state personnel system pursuant to subsection (1) of this section prior to July 1, 2002, shall retain all rights related to state personnel system and retirement benefits under the laws of this state until termination of employment with the division; except that, if such personnel accept a promotion, a voluntary demotion, or a transfer for purposes of a change of duties performed for the benefit of the division, such personnel shall become exempt from the state personnel system. Nothing in this subsection (3) shall prohibit personnel hired prior to July 1, 2002, from continuing membership in the public employees' retirement association pursuant to the provisions of article
51
of title
24
, C.R.S., with all attendant rights and duties.
Amended by 2022 Ch. 469,§12, eff. 8/10/2022.
L. 79: Entire article added, p. 808, § 1, effective July 1. L. 84: Entire section amended, p. 618, § 4, effective April 10. L. 2002: Entire section amended, p. 961, § 1, effective June 1. L. 2006: (1) amended, p. 511, § 1, effective July 1.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-103.5 - Enterprise status of division

(1)
(a)
The division shall constitute an enterprise for the purposes of section 20 of article X of the state constitution so long as the division retains the authority to issue revenue bonds and the division receives less than ten percent of its total annual revenues in grants from all Colorado state and local governments combined.
(b) and (c)
(Deleted by amendment, L. 2006, p. 511, § 2, effective July 1, 2006.)
(d)
Repealed.
(2)
(a)
As used in this section, "grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in Colorado which is not required to be repaid.
(b)
"Grant" does not include:
(I)
Any indirect benefit conferred upon the division from the state or any local government in Colorado;
(II)
Any revenues resulting from rates, fees, assessments, or other charges imposed by the division for the provision of goods or services by the division;
(III)
Any federal funds, regardless of whether such federal funds pass through the state or any local government in Colorado prior to receipt by the division.
(3)
Repealed.
L. 93: Entire section added, p. 1827, § 11, effective June 6. L. 94: (1) amended, p. 100, § 3, effective March 18. L. 95: (3) added, p. 717, § 1, effective May 23. L. 2000: (3) repealed, p. 29, § 1, effective March 10. L. 2006: (1)(a), (1)(b), and (1)(c) amended, p. 511, § 2, effective July 1.
Subsection (1)(d)(II) provided for the repeal of subsection (1)(d), effective July l, 1994. (See L. 94, p. 100 .)
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-104.5 - Additional powers of division

(1)
The division is hereby authorized to make, originate, disburse, or service student loans directly to residents. "Resident" for the purpose of this section means any person attending an institution of higher education in Colorado, or any person attending an institution of higher education outside Colorado who would qualify for Colorado in-state tuition status under article
7
of this title. In order to obtain funds to make, originate, disburse, or service such student loans, the division is authorized to borrow or enter into other types of agreements with any person, corporation, financial institution, state or federal authority, political subdivision, or state or federal government agency for the advancement of funds for such purposes, so long as such student loans are insured against default.
(1.5)
Repealed.
(2)
Any agreement made by the division to repay funds borrowed from any person, corporation, financial institution, state or federal authority, political subdivision, or state or federal government agency shall not constitute or become an indebtedness, a debt, or a liability of the state or constitute the giving, pledging, or loaning of the full faith and credit of the state. Repayment of such borrowed funds shall be made solely from funds received from proceeds or earnings derived from the funds borrowed, from borrowers and insurers, or from federal payments, and the state shall have no liability with respect to such an agreement.
(3)
The division is hereby authorized to issue revenue bonds after approval by both houses of the general assembly either by bill or by joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution.
L. 81: Entire section added, p. 1088, § 4, effective May 29. L. 84: Entire section amended p. 619, § 7, effective April 10. L. 85: (1) R&RE, (1.5) repealed, and (2) amended, pp. 774, 775, §§ 5, 10, 6, effective April 5. L. 93: (3) added, p. 1827, § 12, effective June 6. L. 2006: (3) amended, p. 513, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-104.7 - Restructuring plan - legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Due to changes in federal law, the department shall no longer be involved in student loans that are guaranteed by the federal government;
(b)
There are a number of employees of the division that are involved in originating, disbursing, servicing, and administering student loans that are guaranteed by the federal government; and
(c)
It is in the best interest of the state for the department to prepare and submit to the general assembly a restructuring plan to deal with the changes in administering student loans.
(2)
On or before January 1, 2011, the department shall prepare and submit to the education committees of the senate and the house of representatives, or any successor committees, a restructuring plan to deal with changes in administering student loans. The plan shall address, but need not be limited to, the following issues:
(a)
Any ongoing or future role for the Colorado student obligation bond authority;
(b)
Whether the division should continue to originate, disburse, service, guarantee, and administer student loans;
(c)
If the division does not continue administering student loans, the entity that should be responsible for such administration and the authority that entity may need;
(d)
The number of employees necessary to administer student loans; and
(e)
The employment of persons who formerly were responsible for administering student loans guaranteed by the federal government.
L. 2010: Entire section added, (HB 10-1428), ch. 390, p. 1827, §1, effective June 9.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-105 - [Repealed]

L. 79: Entire article added, p. 810, § 1, effective July 1. L. 84: IP(1) amended, p. 620, § 8, effective April 10. L. 86: (3) added, p. 413, § 21, effective March 21. L. 91: (2) and (3) amended, p. 695, § 8, effective April 20. L. 2004: Entire section R&RE, p. 372, § 1, effective April 8. L. 2006: Entire section repealed, p. 512, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-106.5 - Special funds

(1)
The division may create a special fund into which any funds borrowed from any person, corporation, financial institution, state or federal authority, political subdivision, or state or federal agency pursuant to the provisions of section
23-3.1-104.5(1)
may be deposited.
(1.5)
Repealed.
(2)
All moneys deposited or paid into any special fund established by this section shall be continuously available and are hereby appropriated to the division to be expended in accordance with the provisions of this article. Any income from the investment of this special fund shall be deposited in such fund.
L. 81: Entire section amended, p. 1089, § 6, effective May 29. L. 84: Entire section amended, p. 621, § 10, effective April 10. L. 85: (1) amended and (1.5) repealed, p. 775, §§ 8, 10, effective April 5.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-108 - Age qualification

Any person otherwise qualifying for a student loan shall not be disqualified to receive a student loan under the Colorado student loan program by reason of being under the age of eighteen years. For the purpose of applying for, receiving, and repaying a student loan, any person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of legal age with respect thereto.
L. 79: Entire article added, p. 812, § 1, effective July 1. L. 84: Entire section amended, p. 622, § 12, effective April 10. L. 2004: Entire section amended, p. 578, § 39, effective July 1. L. 2006: Entire section amended, p. 513, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-109 - Subject to audit

The Colorado student loan program shall be audited annually by the state auditor.
L. 79: Entire article added, p. 812, § 1, effective July 1. L. 81: Entire section amended, p. 341, § 4, effective March 27. L. 84: Entire section amended, p. 622, § 13, effective April 10. L. 96: Entire section amended, p. 1238, § 83, effective August 7. L. 99: Entire section amended, p. 849, § 3, effective May 24. L. 2004: Entire section amended, p. 578, § 40, effective July 1. L. 2006: Entire section amended, p. 513, § 9, effective July 1.
For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-110 - Designation as sole state agency

The division is the agency authorized to enter into contracts concerning the programs established by Title IV, Part B of the federal "Higher Education Act of 1965",
20 U.S.C. 1071
, as amended. To the extent any fiscal policies required by the federal "Higher Education Act of 1965",
20 U.S.C. 1071
, as amended, are in conflict with state fiscal policies, the division shall comply with the required federal policies.
L. 79: Entire article added, p. 812, § 1, effective July 1. L. 2004: Entire section amended, p. 578, § 37, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-111 - Authority of division to enter into agreements to provide administrative and guarantee services

(1)
The division is hereby authorized to enter into contracts or other agreements or both contracts and other agreements with private or public entities to make, originate, disburse, or service guaranteed student loans, educational loans, and student loans. Such authorization includes but shall not be limited to the power to enter into agreements with collegeinvest, established by part 2 of this article, to make, originate, disburse, or service "institutional loans" and "student obligations" as those terms are defined in section
23-3.1-202
, whether or not such "institutional loans" and "student obligations" are eligible for federal reinsurance as authorized by Title IV, Part B of the federal "Higher Education Act of 1965", as amended.
(2)
The division may enter into contracts or other agreements or both contracts and other agreements with private or public entities to guarantee or reinsure student loans or educational loans which may include but not be limited to guaranteeing or reinsuring the "institutional loans" or "student obligations" as those terms are defined in section
23-3.1-202
.
(3)
No guarantee or reinsurance agreement made by the division pursuant to subsection (2) of this section shall constitute or become an indebtedness, a debt, or a liability of the state, nor shall such loan guarantee constitute the giving, pledging, or loaning of the full faith and credit of the state.
(4)
All income and interest thereon earned pursuant to the exercise of the power established in subsections (1) and (2) of this section are continuously available and are hereby appropriated to the division and may be used to pay the operating expenses thereof, or a portion of such income or interest may be deposited into any applicable reserve or guarantee account.
L. 84: Entire section added, p. 622, § 14, effective April 10. L. 2004: (1) and (2) amended, p. 560, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 1 - ADMINISTRATION OF PROGRAM (§§ 23-3.1-101 — 23-3.1-112) › Section 23-3.1-112 - Authority and power of the division to guarantee, originate, service, make, and purchase consolidation loans and refinancing loans

(1)
Notwithstanding any provisions or definitions contained in this article to the contrary, the division is hereby authorized to guarantee, originate, service, make, and purchase consolidation loans and refinancing loans for all persons eligible for the consolidation and refinancing of student loans under Part B of Title IV of the federal "Higher Education Act of 1965", as amended. For the purposes of this section, "student loans" means, notwithstanding any provisions of this article to the contrary, those loans eligible for consolidation and refinancing under the federal provisions of Part B of Title IV of the "Higher Education Act of 1965", as amended.
(2)
The powers and duties of the division specified in section
23-3.1-104
shall also pertain to the authority of the division with respect to consolidation loans and refinancing loans under this section.
L. 87: Entire section added, p. 845, § 2, effective February 26.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 2 - STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS (§§ 23-3.1-201 — 23-3.1-226) › Section 23-3.1-201 - Legislative declaration

The general assembly hereby declares that the availability of improved access to and choice of higher education opportunities in this state will benefit the residents of the state and that the establishment of a prepaid postsecondary education expense program will assist residents in meeting the expenses incurred in availing themselves of higher education opportunities. It is the intent of the general assembly in enacting this part 2 to create collegeinvest, which shall be a division within the department of higher education and which authority shall make or purchase student obligations and shall develop and administer a prepaid postsecondary education expense program. This part 2 shall be liberally construed to accomplish the intentions expressed in this section.
L. 79: Entire article added, p. 812, § 1, effective July 1. L. 84: Entire section amended, p. 623, § 15, effective April 10. L. 96: Entire section amended, p. 421, § 1, effective April 22. L. 2000: Entire section amended, p. 1268, § 1, effective May 26. L. 2004: Entire section amended, p. 560, § 5, effective July 1. L. 2010: Entire section amended, (HB 10-1428), ch. 390, p. 1830, §5, effective June 9.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 2 - STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS (§§ 23-3.1-201 — 23-3.1-226) › Section 23-3.1-204 - Organizational meeting - chairperson - conflict of interest

(1)
On or before July 15, 2000, a member of the board, designated by the governor, shall call and convene the initial organizational meeting of the board after transfer of the authority to the department and shall serve as its chairperson pro tempore. At such meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the delegation of certain powers and duties and such other matters as the authority deems proper. At such meeting, and annually thereafter, the board shall elect one of its members as chairperson and one as vice-chairperson.
(2)
The director or any other person designated by the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and the minute books or journal of the board. Said director or other person may cause copies to be made of all minutes and other records and documents of the board and may give certificates to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates.
(3)
The board may delegate to one or more of its members or to its director such powers and duties as it may deem proper and to its director or any other person designated by the board, the power to fix the interest rates of any particular issue, subject to such limitations as shall be prescribed by the board.
(4)
(Deleted by amendment, L. 2004, p. 563, § 8, effective July 1, 2004.)
(5)
Any member of the board shall disqualify himself or herself from voting on any issue in which he or she has a conflict of interest unless such member has disclosed such conflict of interest in compliance with section
18-8-308
, C.R.S.
L. 79: Entire article added, p. 813, § 1, effective July 1. L. 84: (3) amended and (5) R&RE, pp. 624, 625, §§ 18, 19, effective April 10. L. 2000: Entire section amended, p. 1272, § 4, effective May 26. L. 2004: (3) and (4) amended, p. 563, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 2 - STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS (§§ 23-3.1-201 — 23-3.1-226) › Section 23-3.1-205 - Meetings of board - quorum - expenses

(1)
Five members of the board shall constitute a quorum. Action may be taken by the board upon the affirmative vote of a majority of the members present at any meeting at which a quorum is present. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(2)
Pursuant to part 4 of article
6
of title
24
, C.R.S., each meeting of the board shall be open to the public. Notice of meetings shall be as provided in accordance with applicable law. One or more members of the board may participate in any board meeting and may vote on resolutions through the usage of telecommunications devices, including, but not limited to, the usage of a conference telephone or similar communications equipment. Such participation through telecommunications devices shall constitute presence in person at such meeting. Such use of telecommunications shall not supersede any requirements for public hearing otherwise provided by law. Resolutions need not be published or posted, but resolutions and all proceedings and other acts of the board shall be a public record.
(3)
Members of the board shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling and lodging expenses, incurred in the discharge of their official duties. Any payments for expenses shall be paid from funds of the authority.
L. 79: Entire article added, p. 814, § 1, effective July 1. L. 83: (2) amended, p. 785, § 1, effective April 29. L. 84: (1) amended, p. 625, § 20, effective April 10. L. 91: (2) amended, p. 901, § 2, effective April 19; (2) amended, p. 820, § 4, effective June 1. L. 2000: Entire section amended, p. 1273, § 5, effective May 26. L. 2004: (1) amended, p. 564, § 9, effective July 1.
Amendments to subsection (2) in Senate Bill 91-33 and House Bill 91-1119 were harmonized.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 2 - STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS (§§ 23-3.1-201 — 23-3.1-226) › Section 23-3.1-205.3 - Transfer of property

(1)
On May 26, 2000, all items of property, real and personal, including office furniture and fixtures, books, documents, funds and accounts, and records of the authority shall be transferred with the authority to the department of higher education, and shall remain the property of the authority.
(2)
Amounts in the existing administrative fund of the authority transferred on May 26, 2000, shall be deposited as provided in section
23-3.1-205.4
. Funds of the authority held by a corporate trustee pursuant to a trust indenture shall continue to be held and invested in accordance with such trust indenture. The prepaid tuition expense fund shall be transferred to be held by the state treasury and shall be administered in accordance with the provisions of this part 2.
(3)
On and after May 26, 2000, whenever the Colorado student obligation bond authority or the board of directors of the Colorado student obligation bond authority is referred to or designated by any contract or other document or in other state statutory provisions, such reference or designation shall be deemed to apply to the authority as a division of the department of higher education pursuant to section
23-3.1-203
. All contracts entered into by or on behalf of the Colorado student obligation bond authority or its board prior to May 26, 2000, are hereby validated, with the authority in the department of higher education succeeding to all rights and assuming all obligations under such contracts.
(4)
No suit, action, or other judicial or administrative proceeding lawfully commenced prior to May 26, 2000, or that could have been commenced prior to said date, by or against the Colorado student obligation bond authority, its board of directors, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties shall abate by reason of the transfer of the authority and its board to the department of higher education.
L. 2000: Entire section added, p. 1274, § 6, effective May 26. L. 2004: (1) and (3) amended, p. 564, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 2 - STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS (§§ 23-3.1-201 — 23-3.1-226) › Section 23-3.1-205.5 - Collegeinvest - enterprise status

(1)
Collegeinvest shall constitute an enterprise for the purposes of section 20 of article X of the state constitution, so long as collegeinvest retains the ability to issue revenue bonds and receives less than ten percent of its total annual revenues in grants, as defined in section
24-77-102(7)
, C.R.S., from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (1), collegeinvest shall not be subject to any provisions of section 20 of article X of the state constitution. Agreements between collegeinvest and the student loan division in the department of higher education for the guarantee of payment of student loans are not grants for purposes of the definition of enterprise under section 20 (2)(d) of article X of the state constitution.
(2)
For purposes of part 2 of article
72
of title
24
, C.R.S., the records of collegeinvest and the board shall be public records, as defined in section
24-72-202(6)
, C.R.S., except to the extent otherwise specified by law, regardless of whether collegeinvest and the board constitute an enterprise pursuant to subsection (1) of this section.
L. 2000: Entire section added, p. 1274, § 6, effective May 26. L. 2004: Entire section amended, p. 565, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 2 - STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS (§§ 23-3.1-201 — 23-3.1-226) › Section 23-3.1-205.7 - Department of higher education - executive director - powers and duties

In addition to any other powers and duties specifically granted by law, the executive director shall have such powers and duties as are not otherwise granted to the authority in this part 2 and in part 3 of this article, and shall also have all powers and duties necessary to oversee the authority, including, but not limited to, its management and direction.
L. 2000: Entire section added, p. 1274, § 6, effective May 26.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 2 - STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS (§§ 23-3.1-201 — 23-3.1-226) › Section 23-3.1-206.2 - [Repealed]

Repealed by subsection (3) eff.9/1/2014.
Amended by 2014 Ch. 347,§3, eff. 8/6/2014.
L. 2010: Entire section added, (HB 10-1428), ch. 390, p. 1829, §3, effective June 9. L. 2014: (3) added, (HB 14-1384), ch. 347, p. 1559, § 3, effective August 6.
Subsection (3) provided for the repeal of this section, effective September 1, 2014. (See L. 2014, p. 1559.)
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 3.1 - STUDENT LOAN PROGRAM (§§ 23-3.1-101 — 23-3.1-311) › Part 2 - STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS (§§ 23-3.1-201 — 23-3.1-226) › Section 23-3.1-206.5 - Servicing of student obligations and institutional loans

(1)
(Deleted by amendment, L. 2004, p. 566, § 14, effective July 1, 2004.)
(2)
The authority may contract with the division to service student obligations made or purchased by the authority.
L. 84: Entire section added, p. 625, § 22, effective April 10. L. 2004: Entire section amended, p. 566, § 14, effective July 1. L. 2010: (2) amended, (HB 10 -1428), ch. 390, p. 1831, § 8, effective June 9.