15 | | - | Section 1. Subsection (k) of section 10a-179 of the general statutes is |
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16 | | - | repealed and the following is substituted in lieu thereof (Effective October |
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17 | | - | 1, 2022): |
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18 | | - | (k) (1) The authority may form one or more subsidiaries to carry out |
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19 | | - | the public purposes of the authority and may transfer to any such |
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20 | | - | subsidiary or to any subsidiary established by the General Assembly |
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21 | | - | through public or special act any moneys and real or personal property |
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22 | | - | of any kind or nature. Any such subsidiary may be organized as a stock |
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23 | | - | or nonstock corporation or a limited liability company. Each such |
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24 | | - | subsidiary shall have and may exercise such powers of the authority as |
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25 | | - | are set forth in the resolution of the authority prescribing the purposes |
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26 | | - | for which such subsidiary is formed and such other powers provided to |
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27 | | - | it by law. Each such subsidiary shall be deemed a quasi-public agency |
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28 | | - | for purposes of chapter 12 and shall have all the privileges, immunities, |
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29 | | - | tax exemptions and other exemptions of the authority, including the |
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30 | | - | privileges, immunities, tax exemptions and other exemptions provided |
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31 | | - | under the general statutes for special capital reserve funds. Each such Substitute Senate Bill No. 103 |
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| 20 | + | Section 1. Subsections (b) and (c) of section 10a-178 of the general 1 |
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| 21 | + | statutes are repealed and the following is substituted in lieu thereof 2 |
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| 22 | + | (Effective October 1, 2022): 3 |
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| 23 | + | (b) "Project" [,] means (1) in the case of a participating institution for 4 |
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| 24 | + | higher education, [means] a structure suitable for use as a dormitory or 5 |
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| 25 | + | other housing facility, including housing for staff members, employees 6 |
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| 26 | + | or students at such institution of higher education, dining hall, student 7 |
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| 27 | + | union, administration building, academic building, library, laboratory, 8 |
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| 28 | + | research facility, classroom, athletic facility, health care facility, and 9 |
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| 29 | + | maintenance, storage or utility facility and other structures or facilities 10 |
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| 30 | + | related thereto or required or useful for the instruction of students or 11 |
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| 31 | + | the conducting of research or the operation of an institution for higher 12 |
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| 32 | + | education, including parking and other facilities or structures essential 13 |
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| 33 | + | or convenient for the orderly conduct of such institution for higher 14 |
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| 34 | + | education, also including equipment and machinery and other similar 15 |
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| 35 | + | items necessary or convenient for the operation of a particular facility or 16 |
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| 36 | + | structure in the manner for which its use is intended or for the operation 17 Substitute Bill No. 103 |
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35 | | - | subsidiary shall be subject to suit provided its liability shall be limited |
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36 | | - | solely to the assets, revenues and resources of the subsidiary and |
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37 | | - | without recourse to the general funds, revenues, resources or any other |
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38 | | - | assets of the authority. Each such subsidiary is authorized to assume or |
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39 | | - | take title to property subject to any existing lien, encumbrance or |
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40 | | - | mortgage and to mortgage, convey or dispose of its assets and pledge |
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41 | | - | its revenues in order to secure any borrowing, for the purpose of |
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42 | | - | refinancing, rehabilitating or improving its assets, provided each such |
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43 | | - | borrowing or mortgage shall be a special obligation of the subsidiary, |
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44 | | - | which obligation may be in the form of bonds, bond anticipation notes |
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45 | | - | and other obligations to the extent permitted under this chapter to fund |
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46 | | - | and refund the same and provide for the rights of the holders thereof, |
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47 | | - | and to secure the same by pledge of revenues, notes and other assets |
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48 | | - | and which shall be payable solely from the assets, revenues and other |
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49 | | - | resources of the subsidiary. The authority shall have the power to assign |
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50 | | - | to a subsidiary any rights, moneys or other assets it has under any |
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51 | | - | governmental program including the nursing home loan program. |
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52 | | - | (2) Each such subsidiary shall act through its board of directors at |
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53 | | - | least one-half of which shall be members of the board of directors of the |
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54 | | - | authority, or their designees or officers or employees of the authority. A |
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55 | | - | resolution of the authority shall prescribe the purposes for which each |
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56 | | - | such subsidiary is formed. |
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57 | | - | (3) The provisions of section 1-125, subsection (e) of section 10a-185 |
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58 | | - | and this subsection shall apply to any officer, director, designee or |
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59 | | - | employee appointed as a member, director or officer of any such |
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60 | | - | subsidiary. Any such persons so appointed shall not be personally liable |
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61 | | - | for the debts, obligations or liabilities of any such subsidiary as provided |
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62 | | - | in said section 1-125. The subsidiary shall and the authority may provide |
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63 | | - | for the indemnification to protect, save harmless and indemnify such |
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64 | | - | officer, director, designee or employee as provided by said section 1- |
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65 | | - | 125. Substitute Senate Bill No. 103 |
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| 41 | + | 2 of 10 |
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67 | | - | Public Act No. 22-41 3 of 8 |
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| 43 | + | of a participating institution for higher education, or any combination 18 |
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| 44 | + | thereof, [but shall not include such items as books, fuel, supplies or other 19 |
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| 45 | + | items the purchase of which is customarily deemed to result in a current 20 |
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| 46 | + | operating charge;] or a project for any use or purpose approved by the 21 |
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| 47 | + | authority, including, but not limited to, provisions for working capital; 22 |
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| 48 | + | (2) in the case of a participating health care institution, [means] a 23 |
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| 49 | + | structure suitable for use as a hospital, clinic, or other health care facility, 24 |
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| 50 | + | laboratory, laundry, residence facility, including housing for nurses, 25 |
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| 51 | + | interns, staff members, employees or students at such health care 26 |
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| 52 | + | institution and their immediate families and for physically or mentally 27 |
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| 53 | + | handicapped persons, administration building, research facility, and 28 |
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| 54 | + | maintenance, storage or utility facility and other structures or facilities 29 |
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| 55 | + | related thereto or required or useful for the operation of the project, 30 |
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| 56 | + | including parking and other facilities or structures essential or 31 |
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| 57 | + | convenient for the orderly operation of such project, also including 32 |
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| 58 | + | equipment and machinery and other similar items necessary or 33 |
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| 59 | + | convenient for the operation of the project in the manner for which its 34 |
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| 60 | + | use is intended or for the operation of a participating health care 35 |
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| 61 | + | institution, or any combination thereof, [but shall not include such items 36 |
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| 62 | + | as fuel, supplies or other items the purchase of which is customarily 37 |
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| 63 | + | deemed to result in a current operating charge;] or a project for any use 38 |
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| 64 | + | or purpose approved by the authority, including, but not limited to, 39 |
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| 65 | + | provisions for working capital; (3) in the case of a participating qualified 40 |
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| 66 | + | nonprofit organization, [means] a structure or facility owned in its 41 |
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| 67 | + | entirety by, or suitable for use in accordance with the charitable or 42 |
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| 68 | + | nonprofit status of the qualified nonprofit organization, also including 43 |
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| 69 | + | equipment and machinery and other similar items necessary or 44 |
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| 70 | + | convenient for the operation of the project in the manner for which its 45 |
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| 71 | + | use is intended or for the operation of a participating qualified nonprofit 46 |
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| 72 | + | corporation, or any combination thereof, or a project for any use or 47 |
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| 73 | + | purpose approved by the authority, including, but not limited to, 48 |
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| 74 | + | provisions for working capital; and [,] (4) in the case of a participating 49 |
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| 75 | + | nursing home, [means] a structure or facility suitable for use as a 50 |
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| 76 | + | nursing home, residential care home, rest home, health care facility for 51 |
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| 77 | + | the handicapped, mental health facility or independent living facility 52 Substitute Bill No. 103 |
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69 | | - | (4) The authority or such subsidiary may take [,] such actions as are |
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70 | | - | necessary to comply with the provisions of the Internal Revenue Code |
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71 | | - | of 1986 or any subsequent corresponding internal revenue code of the |
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72 | | - | United States, as from time to time amended, to qualify and maintain |
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73 | | - | any such subsidiary as a corporation exempt from taxation under said |
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74 | | - | internal revenue code. |
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75 | | - | (5) The authority may make loans to each such subsidiary or to any |
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76 | | - | subsidiary established by the General Assembly through public or |
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77 | | - | special act, following standard authority procedures, from its assets and |
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78 | | - | the proceeds of its bonds, notes and other obligations, provided the |
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79 | | - | source and security for the repayment of such loans is derived from the |
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80 | | - | assets, revenues and resources of the subsidiary. |
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81 | | - | Sec. 2. Section 10a-221 of the general statutes is repealed and the |
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82 | | - | following is substituted in lieu thereof (Effective October 1, 2022): |
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83 | | - | It is declared that, for the benefit of the people of the state, the |
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84 | | - | increase of their commerce, welfare and prosperity and the |
---|
85 | | - | improvement of their health and living conditions, it is essential that this |
---|
86 | | - | and future generations of youths be given the fullest opportunity to |
---|
87 | | - | learn and to develop their intellectual capacity and skills. It is |
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88 | | - | recognized that costs connected with collegiate or postsecondary |
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89 | | - | education are increasingly burdensome and that it is essential that |
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90 | | - | students attending institutions for higher education or postsecondary |
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91 | | - | education programs, and parents and others responsible for paying the |
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92 | | - | costs thereof, be provided with lower cost financial assistance in order |
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93 | | - | to help such students to achieve higher levels of learning and |
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94 | | - | development of their intellectual capacity and skills. It is also recognized |
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95 | | - | that Connecticut institutions for higher education should be provided |
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96 | | - | with appropriate additional means to assist qualified students |
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97 | | - | financially to achieve the required levels of learning and development |
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98 | | - | of their intellectual capacity and skills. It is the purpose of this chapter |
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99 | | - | and policy of the state to provide a measure of financial assistance to Substitute Senate Bill No. 103 |
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103 | | - | students in or from the state, their parents and others responsible for the |
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104 | | - | costs of their education and an alternative method to enable Connecticut |
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105 | | - | institutions for higher education to assist qualified students to attend |
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106 | | - | such institutions, all to the public benefit and good, to the extent and |
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107 | | - | manner provided herein. |
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108 | | - | Sec. 3. Section 10a-223 of the 2022 supplement to the general statutes, |
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109 | | - | as amended by section 273 of public act 21-2 of the June special session, |
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110 | | - | is repealed and the following is substituted in lieu thereof (Effective |
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111 | | - | October 1, 2022): |
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112 | | - | In this chapter, the following words and terms shall have the |
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113 | | - | following meanings unless the context indicates another or different |
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114 | | - | meaning or intent: |
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115 | | - | (1) "Authority" means the Connecticut Higher Education |
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116 | | - | Supplemental Loan Authority constituted as a subsidiary of the |
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117 | | - | Connecticut Health and Educational Facilities Authority as provided in |
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118 | | - | section 10a-179a; |
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119 | | - | (2) "Authorized officer" means an employee of the Connecticut |
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120 | | - | Health and Educational Facilities Authority or of the authority who is |
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121 | | - | authorized by the board of directors of the authority to execute and |
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122 | | - | deliver documents and papers and to act in the name of and on behalf |
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123 | | - | of the authority; |
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124 | | - | (3) "Authority loans" means education loans by the authority, or loans |
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125 | | - | by the authority from the proceeds of bonds for the purpose of funding |
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126 | | - | education loans; |
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127 | | - | (4) "Board" means the board of directors of the authority; |
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128 | | - | (5) "Bonds" or "revenue bonds" means revenue bonds or notes of the |
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129 | | - | authority issued under the provisions of this chapter, including revenue |
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130 | | - | refunding bonds or notes; Substitute Senate Bill No. 103 |
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| 84 | + | subject to the licensing requirements of chapter 368v and appurtenant 53 |
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| 85 | + | facilities, equipment and machinery and other similar items necessary 54 |
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| 86 | + | or convenient for the operation of a particular facility or structure in the 55 |
---|
| 87 | + | manner for which its use is intended or for the operation of a 56 |
---|
| 88 | + | participating nursing home, or any combination thereof, or a project for 57 |
---|
| 89 | + | any use or purpose approved by the authority, including, but not 58 |
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| 90 | + | limited to, working capital; 59 |
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| 91 | + | (c) "Cost" as applied to a project or any portion thereof financed under 60 |
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| 92 | + | the provisions of this chapter embraces all or any part of (1) the cost of 61 |
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| 93 | + | construction and acquisition of all lands, structures, real or personal 62 |
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| 94 | + | property, rights, rights-of-way, franchises, easements and interests 63 |
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| 95 | + | acquired or used for a project, (2) the cost of demolishing or removing 64 |
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| 96 | + | any buildings or structures on land so acquired, including the cost of 65 |
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| 97 | + | acquiring any lands to which such buildings or structures may be 66 |
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| 98 | + | moved, (3) the cost of all machinery and equipment, financing charges, 67 |
---|
| 99 | + | interest prior to, during and for a period after completion of such 68 |
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| 100 | + | construction, provisions for working capital, reserves for principal and 69 |
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| 101 | + | interest and for extensions, enlargements, additions, replacements, 70 |
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| 102 | + | renovations and improvements, (4) cost of engineering, financial and 71 |
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| 103 | + | legal services, plans, specifications, studies, surveys, estimates of cost 72 |
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| 104 | + | and of revenues, administrative expenses, expenses necessary or 73 |
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| 105 | + | incident to determining the feasibility or practicability of constructing 74 |
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| 106 | + | the project, [and] (5) such other expenses as may be necessary or 75 |
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| 107 | + | incident to the construction and acquisition of the project, the financing 76 |
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| 108 | + | of such construction and acquisition and the placing of the project in 77 |
---|
| 109 | + | operation, and (6) any other expenses necessary to finance a project; 78 |
---|
| 110 | + | Sec. 2. Subsection (k) of section 10a-179 of the general statutes is 79 |
---|
| 111 | + | repealed and the following is substituted in lieu thereof (Effective October 80 |
---|
| 112 | + | 1, 2022): 81 |
---|
| 113 | + | (k) (1) The authority may form one or more subsidiaries to carry out 82 |
---|
| 114 | + | the public purposes of the authority and may transfer to any such 83 |
---|
| 115 | + | subsidiary or to any subsidiary established by the General Assembly 84 |
---|
| 116 | + | through public or special act any moneys and real or personal property 85 Substitute Bill No. 103 |
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163 | | - | Public Act No. 22-41 6 of 8 |
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| 123 | + | of any kind or nature. Any such subsidiary may be organized as a stock 86 |
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| 124 | + | or nonstock corporation or a limited liability company. Each such 87 |
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| 125 | + | subsidiary shall have and may exercise such powers of the authority as 88 |
---|
| 126 | + | are set forth in the resolution of the authority prescribing the purposes 89 |
---|
| 127 | + | for which such subsidiary is formed and such other powers provided to 90 |
---|
| 128 | + | it by law. Each such subsidiary shall be deemed a quasi-public agency 91 |
---|
| 129 | + | for purposes of chapter 12 and shall have all the privileges, immunities, 92 |
---|
| 130 | + | tax exemptions and other exemptions of the authority, including the 93 |
---|
| 131 | + | privileges, immunities, tax exemptions and other exemptions provided 94 |
---|
| 132 | + | under the general statutes for special capital reserve funds. Each such 95 |
---|
| 133 | + | subsidiary shall be subject to suit provided its liability shall be limited 96 |
---|
| 134 | + | solely to the assets, revenues and resources of the subsidiary and 97 |
---|
| 135 | + | without recourse to the general funds, revenues, resources or any other 98 |
---|
| 136 | + | assets of the authority. Each such subsidiary is authorized to assume or 99 |
---|
| 137 | + | take title to property subject to any existing lien, encumbrance or 100 |
---|
| 138 | + | mortgage and to mortgage, convey or dispose of its assets and pledge 101 |
---|
| 139 | + | its revenues in order to secure any borrowing, for the purpose of 102 |
---|
| 140 | + | refinancing, rehabilitating or improving its assets, provided each such 103 |
---|
| 141 | + | borrowing or mortgage shall be a special obligation of the subsidiary, 104 |
---|
| 142 | + | which obligation may be in the form of bonds, bond anticipation notes 105 |
---|
| 143 | + | and other obligations to the extent permitted under this chapter to fund 106 |
---|
| 144 | + | and refund the same and provide for the rights of the holders thereof, 107 |
---|
| 145 | + | and to secure the same by pledge of revenues, notes and other assets 108 |
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| 146 | + | and which shall be payable solely from the assets, revenues and other 109 |
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| 147 | + | resources of the subsidiary. The authority shall have the power to assign 110 |
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| 148 | + | to a subsidiary any rights, moneys or other assets it has under any 111 |
---|
| 149 | + | governmental program including the nursing home loan program. 112 |
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| 150 | + | (2) Each such subsidiary shall act through its board of directors at 113 |
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| 151 | + | least one-half of which shall be members of the board of directors of the 114 |
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| 152 | + | authority, or their designees or officers or employees of the authority. A 115 |
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| 153 | + | resolution of the authority shall prescribe the purposes for which each 116 |
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| 154 | + | such subsidiary is formed. 117 |
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| 155 | + | (3) The provisions of section 1-125, subsection (e) of section 10a-185 118 Substitute Bill No. 103 |
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165 | | - | deposited by a Connecticut institution for higher education with the |
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166 | | - | authority, a guarantor or a trustee for the purpose of (A) providing |
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167 | | - | security for bonds, (B) funding a default reserve fund, (C) acquiring |
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168 | | - | default insurance, or (D) defraying costs of the authority, such moneys |
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169 | | - | or properties to be in such amounts as deemed necessary by the |
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170 | | - | authority or guarantor as a condition for such institution's participation |
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171 | | - | in the authority's programs; |
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172 | | - | (14) "Institution for higher education" means a degree-granting |
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173 | | - | educational institution within the United States authorized by |
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174 | | - | applicable law to provide a program of education beyond the high |
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175 | | - | school level and (A) described in Section 501(c)(3) of the Internal |
---|
176 | | - | Revenue Code of 1986, or any subsequent corresponding internal |
---|
177 | | - | revenue code of the United States, as from time to time amended, and |
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178 | | - | exempt from taxation under Section 501(a) of said code with respect to |
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179 | | - | a trade or business carried on by such institution which is not an |
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180 | | - | unrelated trade or business, determined by applying Section 513(a) of |
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181 | | - | said code to such organization or a foundation established for its benefit, |
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182 | | - | or (B) exempt from taxation under said code as a governmental unit; |
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183 | | - | (15) "Participating institution for higher education" means a |
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184 | | - | Connecticut institution for higher education which, pursuant to the |
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185 | | - | provisions of this chapter, undertakes the financing directly or |
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186 | | - | indirectly of education loans as provided in this chapter; |
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187 | | - | (16) "Parent" means any parent, legal guardian or sponsor of a |
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188 | | - | student at an institution for higher education, [or] enrolled in a high- |
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189 | | - | value certificate program or enrolled in a postsecondary education |
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190 | | - | program; |
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191 | | - | (17) "Education loan series portfolio" means all education loans made |
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192 | | - | by the authority or by or on behalf of a specific participating institution |
---|
193 | | - | for higher education which are funded from the proceeds of a related |
---|
194 | | - | specific bond issue of the authority; Substitute Senate Bill No. 103 |
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198 | | - | (18) "Education assistance program" means a program to assist in |
---|
199 | | - | financing the costs of education through education loans or education |
---|
200 | | - | grants [, or both] or any other form of financial assistance; |
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201 | | - | (19) "Education grant" means a grant, scholarship, fellowship or other |
---|
202 | | - | nonrepayable assistance awarded by the authority to a student currently |
---|
203 | | - | residing in the state to finance the attendance of the student at a |
---|
204 | | - | Connecticut institution for higher education, [or] enrollment in a |
---|
205 | | - | Connecticut high-value certificate program or enrollment in a |
---|
206 | | - | Connecticut postsecondary education program, or a grant, scholarship, |
---|
207 | | - | fellowship or other nonrepayable assistance awarded by or on behalf of |
---|
208 | | - | a Connecticut institution for higher education from the proceeds of |
---|
209 | | - | funds provided by the authority to a student from the state to finance |
---|
210 | | - | the student's attendance at such institution; |
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211 | | - | (20) "Eligible loan" means any loan that is in repayment that was (A) |
---|
212 | | - | made by the authority, or (B) made to a borrower by any other private |
---|
213 | | - | or governmental lender to finance attendance at an institution for higher |
---|
214 | | - | education, [or] enrollment in a high-value certificate program or |
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215 | | - | enrollment in a postsecondary education program; |
---|
216 | | - | (21) "High-value certificate program" means a noncredit sub- |
---|
217 | | - | baccalaureate certificate program offered by an institution of higher |
---|
218 | | - | education or a private occupational school that the Chief Workforce |
---|
219 | | - | Officer determines to meet the needs of employers in the state; [and] |
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220 | | - | (22) "Connecticut high-value certificate program" means a high-value |
---|
221 | | - | certificate program offered by an institution of higher education or a |
---|
222 | | - | private occupational school in the state; [.] |
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223 | | - | (23) "Postsecondary education program" means a high -value |
---|
224 | | - | certificate program that is approved by the authority; and |
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225 | | - | (24) "Private occupational school" has the same meaning as provided |
---|
226 | | - | in section 10a-22a. Substitute Senate Bill No. 103 |
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| 162 | + | and this subsection shall apply to any officer, director, designee or 119 |
---|
| 163 | + | employee appointed as a member, director or officer of any such 120 |
---|
| 164 | + | subsidiary. Any such persons so appointed shall not be personally liable 121 |
---|
| 165 | + | for the debts, obligations or liabilities of any such subsidiary as provided 122 |
---|
| 166 | + | in said section 1-125. The subsidiary shall and the authority may provide 123 |
---|
| 167 | + | for the indemnification to protect, save harmless and indemnify such 124 |
---|
| 168 | + | officer, director, designee or employee as provided by said section 1-125 |
---|
| 169 | + | 125. 126 |
---|
| 170 | + | (4) The authority or such subsidiary may take [,] such actions as are 127 |
---|
| 171 | + | necessary to comply with the provisions of the Internal Revenue Code 128 |
---|
| 172 | + | of 1986 or any subsequent corresponding internal revenue code of the 129 |
---|
| 173 | + | United States, as from time to time amended, to qualify and maintain 130 |
---|
| 174 | + | any such subsidiary as a corporation exempt from taxation under said 131 |
---|
| 175 | + | internal revenue code. 132 |
---|
| 176 | + | (5) The authority may make loans to each such subsidiary or to any 133 |
---|
| 177 | + | subsidiary established by the General Assembly through public or 134 |
---|
| 178 | + | special act, following standard authority procedures, from its assets and 135 |
---|
| 179 | + | the proceeds of its bonds, notes and other obligations, provided the 136 |
---|
| 180 | + | source and security for the repayment of such loans is derived from the 137 |
---|
| 181 | + | assets, revenues and resources of the subsidiary. 138 |
---|
| 182 | + | Sec. 3. Section 10a-221 of the general statutes is repealed and the 139 |
---|
| 183 | + | following is substituted in lieu thereof (Effective October 1, 2022): 140 |
---|
| 184 | + | It is declared that, for the benefit of the people of the state, the 141 |
---|
| 185 | + | increase of their commerce, welfare and prosperity and the 142 |
---|
| 186 | + | improvement of their health and living conditions, it is essential that this 143 |
---|
| 187 | + | and future generations of youths be given the fullest opportunity to 144 |
---|
| 188 | + | learn and to develop their intellectual capacity and skills. It is 145 |
---|
| 189 | + | recognized that costs connected with collegiate or postsecondary 146 |
---|
| 190 | + | education are increasingly burdensome and that it is essential that 147 |
---|
| 191 | + | students attending institutions for higher education or postsecondary 148 |
---|
| 192 | + | education programs, and parents and others responsible for paying the 149 |
---|
| 193 | + | costs thereof, be provided with lower cost financial assistance in order 150 Substitute Bill No. 103 |
---|
230 | | - | Sec. 4. Subdivision (9) of section 10a-204 of the general statutes is |
---|
231 | | - | repealed and the following is substituted in lieu thereof (Effective October |
---|
232 | | - | 1, 2022): |
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233 | | - | (9) To distribute excess corporation funds to the Connecticut Health |
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234 | | - | and Educational Facilities Authority or any subsidiary of said authority |
---|
235 | | - | for the purpose of such recipient's provision of financial assistance to |
---|
236 | | - | qualified students attending institutions of higher education or enrolled |
---|
237 | | - | in postsecondary education programs, including, without limitation, |
---|
238 | | - | loans, scholarships or grants and financial literacy education. |
---|
| 196 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00103- |
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| 197 | + | R01-SB.docx } |
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| 198 | + | 6 of 10 |
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| 199 | + | |
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| 200 | + | to help such students to achieve higher levels of learning and 151 |
---|
| 201 | + | development of their intellectual capacity and skills. It is also recognized 152 |
---|
| 202 | + | that Connecticut institutions for higher education should be provided 153 |
---|
| 203 | + | with appropriate additional means to assist qualified students 154 |
---|
| 204 | + | financially to achieve the required levels of learning and development 155 |
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| 205 | + | of their intellectual capacity and skills. It is the purpose of this chapter 156 |
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| 206 | + | and policy of the state to provide a measure of financial assistance to 157 |
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| 207 | + | students in or from the state, their parents and others responsible for the 158 |
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| 208 | + | costs of their education and an alternative method to enable Connecticut 159 |
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| 209 | + | institutions for higher education to assist qualified students to attend 160 |
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| 210 | + | such institutions, all to the public benefit and good, to the extent and 161 |
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| 211 | + | manner provided herein. 162 |
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| 212 | + | Sec. 4. Section 10a-223 of the 2022 supplement to the general statutes, 163 |
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| 213 | + | as amended by section 273 of public act 21-2 of the June special session, 164 |
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| 214 | + | is repealed and the following is substituted in lieu thereof (Effective 165 |
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| 215 | + | October 1, 2022): 166 |
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| 216 | + | In this chapter, the following words and terms shall have the 167 |
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| 217 | + | following meanings unless the context indicates another or different 168 |
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| 218 | + | meaning or intent: 169 |
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| 219 | + | (1) "Authority" means the Connecticut Higher Education 170 |
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| 220 | + | Supplemental Loan Authority constituted as a subsidiary of the 171 |
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| 221 | + | Connecticut Health and Educational Facilities Authority as provided in 172 |
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| 222 | + | section 10a-179a; 173 |
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| 223 | + | (2) "Authorized officer" means an employee of the Connecticut 174 |
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| 224 | + | Health and Educational Facilities Authority or of the authority who is 175 |
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| 225 | + | authorized by the board of directors of the authority to execute and 176 |
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| 226 | + | deliver documents and papers and to act in the name of and on behalf 177 |
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| 227 | + | of the authority; 178 |
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| 228 | + | (3) "Authority loans" means education loans by the authority, or loans 179 |
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| 229 | + | by the authority from the proceeds of bonds for the purpose of funding 180 |
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| 230 | + | education loans; 181 Substitute Bill No. 103 |
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| 231 | + | |
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| 236 | + | |
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| 237 | + | (4) "Board" means the board of directors of the authority; 182 |
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| 238 | + | (5) "Bonds" or "revenue bonds" means revenue bonds or notes of the 183 |
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| 239 | + | authority issued under the provisions of this chapter, including revenue 184 |
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| 240 | + | refunding bonds or notes; 185 |
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| 241 | + | (6) "Bond resolution" means the resolution or resolutions of the 186 |
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| 242 | + | authority and the trust agreement, if any, authorizing the issuance of 187 |
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| 243 | + | and providing for the terms and conditions applicable to bonds; 188 |
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| 244 | + | (7) "Borrower" means (A) an individual who has an outstanding loan 189 |
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| 245 | + | from the authority, (B) an individual who attends a Connecticut 190 |
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| 246 | + | institution for higher education, enrolls in a Connecticut high-value 191 |
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| 247 | + | certificate program, enrolls in a Connecticut postsecondary education 192 |
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| 248 | + | program or currently resides in the state, and has received or agreed to 193 |
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| 249 | + | pay an education loan, or (C) any parent who has received or agreed to 194 |
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| 250 | + | pay an education loan on behalf of an individual who attends a 195 |
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| 251 | + | Connecticut institution for higher education, enrolls in a Connecticut 196 |
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| 252 | + | postsecondary education program or currently resides in the state; 197 |
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| 253 | + | (8) "Connecticut Health and Educational Facilities Authority" means 198 |
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| 254 | + | the quasi-public authority established pursuant to section 10a-179, as 199 |
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| 255 | + | amended by this act; 200 |
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| 256 | + | (9) "Connecticut institution for higher education" means an 201 |
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| 257 | + | institution for higher education within the state; 202 |
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| 258 | + | (10) "Default insurance" means insurance insuring education loans, 203 |
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| 259 | + | authority loans or bonds against default; 204 |
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| 260 | + | (11) "Default reserve fund" means a fund established pursuant to a 205 |
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| 261 | + | bond resolution for the purpose of securing education loans, authority 206 |
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| 262 | + | loans or bonds; 207 |
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| 263 | + | (12) "Education loan" means a loan which is made to a student in or 208 |
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| 264 | + | from the state or a parent of such student to finance attendance at an 209 |
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| 265 | + | institution for higher education, [or] enrollment in a high-value 210 Substitute Bill No. 103 |
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| 271 | + | |
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| 272 | + | certificate program or enrollment in a postsecondary education 211 |
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| 273 | + | program, or to a borrower to refinance one or more eligible loans; 212 |
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| 274 | + | (13) "Loan funding deposit" means moneys or other property 213 |
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| 275 | + | deposited by a Connecticut institution for higher education with the 214 |
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| 276 | + | authority, a guarantor or a trustee for the purpose of (A) providing 215 |
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| 277 | + | security for bonds, (B) funding a default reserve fund, (C) acquiring 216 |
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| 278 | + | default insurance, or (D) defraying costs of the authority, such moneys 217 |
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| 279 | + | or properties to be in such amounts as deemed necessary by the 218 |
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| 280 | + | authority or guarantor as a condition for such institution's participation 219 |
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| 281 | + | in the authority's programs; 220 |
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| 282 | + | (14) "Institution for higher education" means a degree-granting 221 |
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| 283 | + | educational institution within the United States authorized by 222 |
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| 284 | + | applicable law to provide a program of education beyond the high 223 |
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| 285 | + | school level and (A) described in Section 501(c)(3) of the Internal 224 |
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| 286 | + | Revenue Code of 1986, or any subsequent corresponding internal 225 |
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| 287 | + | revenue code of the United States, as from time to time amended, and 226 |
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| 288 | + | exempt from taxation under Section 501(a) of said code with respect to 227 |
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| 289 | + | a trade or business carried on by such institution which is not an 228 |
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| 290 | + | unrelated trade or business, determined by applying Section 513(a) of 229 |
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| 291 | + | said code to such organization or a foundation established for its benefit, 230 |
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| 292 | + | or (B) exempt from taxation under said code as a governmental unit; 231 |
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| 293 | + | (15) "Participating institution for higher education" means a 232 |
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| 294 | + | Connecticut institution for higher education which, pursuant to the 233 |
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| 295 | + | provisions of this chapter, undertakes the financing directly or 234 |
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| 296 | + | indirectly of education loans as provided in this chapter; 235 |
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| 297 | + | (16) "Parent" means any parent, legal guardian or sponsor of a 236 |
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| 298 | + | student at an institution for higher education, [or] enrolled in a high-237 |
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| 299 | + | value certificate program or enrolled in a postsecondary education 238 |
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| 300 | + | program; 239 |
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| 301 | + | (17) "Education loan series portfolio" means all education loans made 240 |
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| 302 | + | by the authority or by or on behalf of a specific participating institution 241 Substitute Bill No. 103 |
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| 303 | + | |
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| 308 | + | |
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| 309 | + | for higher education which are funded from the proceeds of a related 242 |
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| 310 | + | specific bond issue of the authority; 243 |
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| 311 | + | (18) "Education assistance program" means a program to assist in 244 |
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| 312 | + | financing the costs of education through education loans or education 245 |
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| 313 | + | grants [, or both] or any other form of financial assistance; 246 |
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| 314 | + | (19) "Education grant" means a grant, scholarship, fellowship or other 247 |
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| 315 | + | nonrepayable assistance awarded by the authority to a student currently 248 |
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| 316 | + | residing in the state to finance the attendance of the student at a 249 |
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| 317 | + | Connecticut institution for higher education, [or] enrollment in a 250 |
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| 318 | + | Connecticut high-value certificate program or enrollment in a 251 |
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| 319 | + | Connecticut postsecondary education program, or a grant, scholarship, 252 |
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| 320 | + | fellowship or other nonrepayable assistance awarded by or on behalf of 253 |
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| 321 | + | a Connecticut institution for higher education from the proceeds of 254 |
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| 322 | + | funds provided by the authority to a student from the state to finance 255 |
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| 323 | + | the student's attendance at such institution; 256 |
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| 324 | + | (20) "Eligible loan" means any loan that is in repayment that was (A) 257 |
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| 325 | + | made by the authority, or (B) made to a borrower by any other private 258 |
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| 326 | + | or governmental lender to finance attendance at an institution for higher 259 |
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| 327 | + | education, [or] enrollment in a high-value certificate program or 260 |
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| 328 | + | enrollment in a postsecondary education program; 261 |
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| 329 | + | (21) "High-value certificate program" means a noncredit sub-262 |
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| 330 | + | baccalaureate certificate program offered by an institution of higher 263 |
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| 331 | + | education or a private occupational school that the Chief Workforce 264 |
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| 332 | + | Officer determines to meet the needs of employers in the state; [and] 265 |
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| 333 | + | (22) "Connecticut high-value certificate program" means a high-value 266 |
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| 334 | + | certificate program offered by an institution of higher education or a 267 |
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| 335 | + | private occupational school in the state; [.] 268 |
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| 336 | + | (23) "Postsecondary education program" means an educational 269 |
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| 337 | + | program as designated by the authority and offered by a private 270 |
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| 338 | + | occupational school that is authorized by the executive director of the 271 |
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| 339 | + | Office of Higher Education pursuant to sections 10a-22a to 10a-22o, 272 Substitute Bill No. 103 |
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| 340 | + | |
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| 341 | + | |
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| 344 | + | 10 of 10 |
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| 345 | + | |
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| 346 | + | inclusive, and 10a-22u to 10a-22w, inclusive; and 273 |
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| 347 | + | (24) "Private occupational school" has the same meaning as provided 274 |
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| 348 | + | in section 10a-22a. 275 |
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| 349 | + | Sec. 5. Subdivision (9) of section 10a-204 of the general statutes is 276 |
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| 350 | + | repealed and the following is substituted in lieu thereof (Effective October 277 |
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| 351 | + | 1, 2022): 278 |
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| 352 | + | (9) To distribute excess corporation funds to the Connecticut Health 279 |
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| 353 | + | and Educational Facilities Authority or any subsidiary of said authority 280 |
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| 354 | + | for the purpose of such recipient's provision of financial assistance to 281 |
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| 355 | + | qualified students attending institutions of higher education or enrolled 282 |
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| 356 | + | in postsecondary education programs, including, without limitation, 283 |
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| 357 | + | loans, scholarships or grants and financial literacy education. 284 |
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| 358 | + | This act shall take effect as follows and shall amend the following |
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| 359 | + | sections: |
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| 360 | + | |
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| 361 | + | Section 1 October 1, 2022 10a-178(b) and (c) |
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| 362 | + | Sec. 2 October 1, 2022 10a-179(k) |
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| 363 | + | Sec. 3 October 1, 2022 10a-221 |
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| 364 | + | Sec. 4 October 1, 2022 10a-223 |
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| 365 | + | Sec. 5 October 1, 2022 10a-204(9) |
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| 366 | + | |
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| 367 | + | HED Joint Favorable Subst. |
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