Louisiana 2014 Regular Session

Louisiana House Bill HB1009 Latest Draft

Bill / Introduced Version

                            HLS 14RS-1356	ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1009
BY REPRESENTATIVE GREENE
STUDENT/LOANS-SCHOLARSHP:  Provides relative to Taylor Opportunity Program for
Students award payments for first-time recipients qualifying on or after July 1, 2017
AN ACT1
To amend and reenact R.S. 17:3048.1(A)(2), (3), (4)(introductory paragraph) and (d)(ii), and2
(5)(b), (E)(1), (H)(3)(c), and (K)(3)(a)(ii) and (iii), and to enact R.S. 17:3048.1(Y),3
relative to the Taylor Opportunity Program for Students; to provide relative to award4
amounts; to provide relative to payment of awards; to provide an effective date; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3048.1(A)(2), (3), (4)(introductory paragraph) and (d)(ii), and8
(5)(b), (E)(1), (H)(3)(c), and (K)(3)(a)(ii) and (iii) are hereby amended and reenacted and9
R.S. 17:3048.1(Y) is hereby enacted to read as follows: 10
ยง3048.1. Program awards; eligibility; amounts; limitations; funding; administration11
A.12
*          *          *13
(2)(a) Any student who applies for an Opportunity Award in accordance with14
Subparagraph (A)(1)(b), who enrolled in any public college or university in the state15
to pursue an academic undergraduate degree or skill or occupational training,16
including a vocational or technical education certificate or diploma program or a17
nonacademic undergraduate degree, and who meets the qualifications enumerated18
in Subparagraphs (A)(1)(a), (e), and (f), shall be awarded by the state an amount19 HLS 14RS-1356	ORIGINAL
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determined by the administering agency to equal the tuition charged by the public1
college or university attended in the state pursuant to Subsection Y of this Section.2
(b) For any student who meets such qualifications and applies for an3
Opportunity Award in accordance with Subparagraph (A)(1)(b), who has enrolled4
at any regionally accredited independent college or university in the state which is5
a member of the Louisiana Association of Independent Colleges and Universities to6
pursue an academic undergraduate degree or skill or occupational training, including7
a vocational or technical education certificate or diploma program or a nonacademic8
undergraduate degree, the state shall award an amount to be determined by the9
administering agency to equal the weighted average of amounts paid under this10
Section for students attending public colleges and universities that offer academic11
undergraduate degrees at the baccalaureate level or an amount to be determined by12
the administering agency to equal the weighted average of amounts paid under this13
Section for students attending public colleges and universities who are enrolled in14
the permitted skill or occupational training, as may be applicable pursuant to15
Subsection Y of this Section.16
(3) Any student who applies for a Performance or an Honors Award in17
accordance with Subparagraph (A)(1)(c) or (d) and who meets the qualifications18
enumerated in Subparagraphs (A)(1)(a), (e), and (f) shall have payments made on19
their behalf as follows:20
(a) For any student who qualifies to receive an Honors Award in accordance21
with Subparagraph (A)(1)(d) and who has enrolled at any public college or university22
in the state to pursue an academic undergraduate degree or to pursue skill or23
occupational training, including a vocational or technical education certificate or24
diploma program or a nonacademic undergraduate degree, the state shall award an25
amount determined by the administering agency to equal the tuition charged by the26
public college or university attended in the state, plus the sum of four hundred27
dollars per semester or eight hundred dollars per academic year pursuant to28
Subsection Y of this Section.29 HLS 14RS-1356	ORIGINAL
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(b) For any student who qualifies to receive an Honors Award in accordance1
with Subparagraph (A)(1)(d) and who has enrolled at any regionally accredited2
independent college or university in the state which is a member of the Louisiana3
Association of Independent Colleges and Universities to pursue an academic4
undergraduate degree or skill or occupational training, including a vocational or5
technical education certificate or diploma program or a nonacademic undergraduate6
degree, the state shall award an amount determined by the administering agency to7
equal the weighted average of the amounts awarded under this Section for students8
attending public colleges and universities that offer academic undergraduate degrees9
at the baccalaureate level or an amount to be determined by the administering agency10
to equal the weighted average of amounts paid under this Section for students11
attending public colleges and universities who are enrolled in the permitted skill or12
occupational training, as may be applicable, plus the sum of four hundred dollars per13
semester or eight hundred dollars per academic year pursuant to Subsection Y of this14
Section.15
(c) For any student who qualifies to receive a Performance Award in16
accordance with Subparagraph (A)(1)(c) and who has enrolled at any public college17
or university in the state to pursue an academic undergraduate degree or to pursue18
skill or occupational training, including a vocational or technical education19
certificate or diploma program or a nonacademic undergraduate degree, the state20
shall award an amount equal to the tuition charged by the public college or university21
attended in the state, plus the sum of two hundred dollars per semester or four22
hundred dollars per academic year determined pursuant to Subsection Y of this23
Section.24
(d) For any student who qualifies to receive a Performance Award in25
accordance with Subparagraph (A)(1)(c) and who has enrolled at any regionally26
accredited independent college or university in the state which is a member of the27
Louisiana Association of Independent Colleges and Universities to pursue an28
academic undergraduate degree or skill or occupational training, including a29 HLS 14RS-1356	ORIGINAL
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vocational or technical education certificate or diploma program or a nonacademic1
undergraduate degree, the state shall award an amount determined by the2
administering agency to equal the weighted average of the amounts awarded under3
this Section for students attending public colleges and universities that offer4
academic undergraduate degrees at the baccalaureate level or an amount to be5
determined by the administering agency to equal the weighted average of amounts6
paid under this Section for students attending public colleges and universities who7
are enrolled in the permitted skill or occupational training, as may be applicable, plus8
the sum of two hundred dollars per semester or four hundred dollars per academic9
year pursuant to Subsection Y of this Section.10
(4)  To maintain continued state payment of 	an amount equal to tuition and11
other amounts pursuant to an award under this Chapter once enrolled in college a12
student shall meet all of the following:13
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(d)15
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(ii) However, if at any time an otherwise eligible student receiving a17
Performance Award or an Honors Award in accordance with the provisions of this18
Chapter fails to have a cumulative grade point average of at least 3.00 on a 4.00 scale19
at the end of any academic year but has and continues to maintain a cumulative grade20
point average at least equal to that required by Subparagraph (c) of this Paragraph21
for continued participation by a recipient of an Opportunity Award, the student22
receiving a Performance Award or an Honors Award shall remain eligible for state23
payments but only in the amount provided for in Paragraph (A)(2) of this Section for24
a recipient of an Opportunity Award pursuant to Subsection Y of this Section. The25
provisions of this Item shall apply to all students who receive state payments26
pursuant to a Performance Award or an Honors Award, including all such students27
from the beginning of the program.28
*          *          *29 HLS 14RS-1356	ORIGINAL
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(5)1
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(b)(i) For any student who is the recipient of an Opportunity Award and who3
is eligible to use the award at an out-of-state nonpublic college or university pursuant4
to the provisions of Subparagraph (a) of this Paragraph, the award amount to pursue5
an academic undergraduate degree shall be an amount determined by the6
administering agency to equal the weighted average of amounts paid under this7
Section for students attending Louisiana public colleges and universities that offer8
academic undergraduate degrees pursuant to Subsection Y of this Section.9
(ii) For any student who is the recipient of a Performance Award and who10
is eligible to use the award at an out-of-state nonpublic college or university pursuant11
to the provisions of Subparagraph (a) of this Paragraph, the award amount to pursue12
an academic undergraduate degree shall be an amount determined by the13
administering agency to equal the weighted average of amounts paid under this14
Section for students attending Louisiana public colleges and universities that offer15
academic undergraduate degrees plus the sum of two hundred dollars per semester16
or four hundred dollars per academic year pursuant to Subsection Y of this Section.17
(iii) For any student who is the recipient of an Honors Award and who is18
eligible to use the award at an out-of-state nonpublic college or university pursuant19
to the provisions of Subparagraph (a) of this Paragraph, the award amount to pursue20
an academic undergraduate degree shall be an amount determined by the21
administering agency to equal the weighted average of amounts paid under this22
Section for students attending Louisiana public colleges and universities that offer23
academic undergraduate degrees plus the sum of four hundred dollars per semester24
or eight hundred dollars per academic year pursuant to Subsection Y of this Section.25
*          *          *26
E.(1) The legislature annually shall appropriate to the administering agency27
funds which, together with any other funds available, are sufficient to cover the costs28
required to be paid, both initial and continuing, for the coming academic year.  All29 HLS 14RS-1356	ORIGINAL
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such payments shall be made by the administering agency in accordance with the1
provisions of Subsection Y of this Section directly to the institution to which such2
payment is due after notice to the institution that the state shall pay, on behalf of the3
qualifying student, the applicable amount stipulated in this Section and after notice4
from the institution that the student has actually enrolled.5
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H.7
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(3)9
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(c) The amount of the award benefits relative to tuition as provided for in11
Subparagraph (a) of this Paragraph shall not exceed the amounts determined by the12
administering agency to equal the tuition charged for the postgraduate study or for13
undergraduate full-time enrollment charged by the highest cost public college14
university in the state, whichever amount is less be determined in accordance with15
the provisions of Subsection Y of this Section based on the award the student16
received for the academic period immediately prior to graduation.17
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K.19
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(3)(a)21
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(ii) If the student delays the acceptance of his award and the student, parent,23
or court-ordered custodian claims a federal income tax credit for money expended24
on educational tuition for the postsecondary education of the student, the25
administering agency shall pay directly to the student an amount equal to the amount26
of the award that would have been paid to the eligible institution on behalf of the27
student less the amount of the tax credit claimed plus as an incentive for claiming the28 HLS 14RS-1356	ORIGINAL
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credit and thus reducing the cost to the state of this program, an amount equal to1
twenty-five percent of the amount of the credit claimed, or the amount to be remitted2
to the student or legal guardian pursuant to Subsection (Y) of this Section plus an3
amount equal to twenty-five percent of the amount of the credit claimed, as4
applicable.5
(iii) If the student delays the acceptance of his award and the student, parent,6
or court-ordered custodian does not claim such a credit, then the amount of the award7
that would have been paid to the eligible institution on behalf of the student or the8
amount to be remitted to the student pursuant to Subsection (Y) of this Section, as9
applicable, shall be paid directly to the student.10
*          *          *11
Y.(1)  Awards granted pursuant to the provisions of this Section to persons12
who commence full-time studies at a covered postsecondary education institution as13
a first-time freshman on or before June 30, 2017, shall be calculated as follows:14
(a) Opportunity Award.  (i) A student qualifying for an award pursuant to15
Subparagraph (A)(2)(a) of this Section shall be awarded in accordance with16
Paragraph (3) of this Subsection by the state an amount determined by the17
administering agency to equal the tuition charged by the public college or university18
attended in the state.19
(ii)  A student qualifying for an award pursuant to Subparagraph (A)(2)(b)20
or Item (A)(5)(b)(i) of this Section shall be awarded  in accordance with Paragraph21
(3) of this Subsection an amount determined by the administering agency to equal22
the weighted average of amounts paid under this Section for students attending23
public colleges and universities that offer academic undergraduate degrees at the24
baccalaureate level or an amount determined by the administering agency to equal25
the weighted average of amounts paid under this Section for students attending26
public colleges and universities who are enrolled in the permitted skill or27
occupational training, as may be applicable.28 HLS 14RS-1356	ORIGINAL
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(b) Performance Award.  (i)  A student qualifying for an award pursuant to1
Subparagraph (A)(3)(c) of this Section shall be awarded in accordance with2
Paragraph (3) of this Subsection an amount equal to the tuition charged by the public3
college or university attended in the state, plus the sum of two hundred dollars per4
semester or four hundred dollars per academic year.5
(ii) A student qualifying for an award pursuant to Subparagraph (A)(3)(d)6
or Item (A)(5)(b)(ii) of this Section shall be awarded in accordance with Paragraph7
(3) of this Subsection an amount determined by the administering agency to equal8
the weighted average of the amounts awarded under this Section for students9
attending public colleges and universities that offer academic undergraduate degrees10
at the baccalaureate level or an amount determined by the administering agency to11
equal the weighted average of amounts paid under this Section for students attending12
public colleges and universities who are enrolled in the permitted skill or13
occupational training, as may be applicable, plus the sum of two hundred dollars per14
semester or four hundred dollars per academic year.15
(c) Honors Award.  (i)  A student qualifying for an award pursuant to16
Subparagraph (A)(3)(a) of this Section shall be awarded an amount in accordance17
with Paragraph (3) of this Subsection equal to the tuition charged by the public18
college or university attended in the state.19
(ii)  A student qualifying for an award pursuant to Subparagraph (A)(3)(b)20
or Item (A)(5)(b)(iii) of this Section shall be awarded in accordance with Paragraph21
(3) of this Subsection an amount determined by the administering agency to equal22
the weighted average of the amounts awarded under this Section for students23
attending public colleges and universities that offer academic undergraduate degrees24
at the baccalaureate level or an amount determined by the administering agency to25
equal the weighted average of amounts paid under this Section for students attending26
public colleges and universities who are enrolled in the permitted skill or27
occupational training, as may be applicable.28 HLS 14RS-1356	ORIGINAL
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(2) Notwithstanding any provision of this Section to the contrary, awards1
granted pursuant to the provisions of this Section to persons who qualify for an2
award pursuant to the provisions of this Section the first time on and after July 1,3
2017, shall be calculated as follows:4
(a) Opportunity Award.  (i)  For a student qualifying for an award pursuant5
to Subparagraph (A)(2)(a) of this Section, prior to commencement of the academic6
period the student or the student's legal guardian shall pay an amount equal to7
seventy-five percent of the net tuition due to the institution attended by the student8
after application of any scholarships or other financial assistance received by the9
student for the payment of tuition.   In accordance with Paragraph (3) of this10
Subsection, the administering agency shall pay directly to the institution to which11
payment is due an amount equal to the remaining twenty-five percent of such tuition.12
Upon completion of the academic period, if the student has maintained the academic13
criteria necessary to maintain the Opportunity Award, the student or the student's14
legal guardian, as applicable, shall receive from the administering agency an amount15
equal to the portion of tuition paid by such individual at the commencement of the16
academic period.17
(ii) For a student qualifying for an award pursuant to Subparagraph (A)(2)(b)18
or Item (A)(5)(b)(i) of this Section, upon successful completion of the academic19
period the student or the student's legal guardian, whichever paid the student's tuition20
for that academic period, shall receive from the administering agency an amount21
equal to seventy-five percent of the weighted average of amounts paid under this22
Section for students attending public colleges and universities that offer academic23
undergraduate degrees at the baccalaureate level or an amount to be determined by24
the administering agency to equal the weighted average of amounts paid under this25
Section for students attending public colleges and universities who are enrolled in26
the permitted skill or occupational training, as may be applicable.27
(b) Performance Award.  (i)  For a student qualifying for an award pursuant28
to Subparagraph (A)(3)(c) of this Section, prior to commencement of the academic29 HLS 14RS-1356	ORIGINAL
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period, the student or the student's legal guardian shall pay an amount equal to fifty1
percent of the net tuition due to the institution attended by the student after2
application of any scholarships or other financial assistance received by the student3
for the payment of tuition.  In accordance with Paragraph (3) of this Subsection, the4
administering agency shall pay directly to the institution to which payment is due an5
amount equal to the other fifty percent of such tuition.  Upon completion of the6
academic period, if the student has maintained the academic criteria necessary to7
maintain the Performance Award, the student or the student's legal guardian, as8
applicable, shall receive from the administering agency an amount equal to the9
portion of tuition paid by such individual at the commencement of the academic10
period.11
(ii) For a student qualifying for an award pursuant to Subparagraph (A)(3)(d)12
or Item (A)(5)(b)(ii) of this Section, upon successful completion of the academic13
period the student or the student's legal guardian, whichever paid the student's tuition14
for that academic period, shall receive from the administering agency an amount15
equal to fifty percent of the weighted average of the amounts awarded under this16
Section for students attending public colleges and universities that offer academic17
undergraduate degrees at the baccalaureate level or an amount to be determined by18
the administering agency to equal the weighted average of amounts paid under this19
Section for students attending public colleges and universities who are enrolled in20
the permitted skill or occupational training, as may be applicable.21
(c) Honors Award. (i)  For a student qualifying for an award pursuant to22
Subparagraph (A)(3)(a) of this Section, in accordance with Paragraph (3) of this23
Subsection, the administering agency shall pay directly to the institution to which24
payment is due an amount equal to one hundred percent of tuition charged by the25
institution attended by the award recipient.26
(ii) For a student qualifying for an award pursuant to Subparagraph (A)(3)(b)27
or Item (A)(5)(b)(iii) of this Section, prior to commencement of the academic period28
the administering agency shall transfer directly to the institution to which payment29 HLS 14RS-1356	ORIGINAL
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is due an amount equal to one hundred percent of the weighted average of the1
amounts awarded under this Section for students attending public colleges and2
universities that offer academic undergraduate degrees at the baccalaureate level or3
an amount to be determined by the administering agency to equal the weighted4
average of amounts paid under this Section for students attending public colleges and5
universities who are enrolled in the permitted skill or occupational training, as may6
be applicable.7
(3)(a) A payment by the administering agency to an institution pursuant to8
the provisions of this Section shall be made directly to the institution to which such9
payment is due after notice to the institution that the state shall pay, on behalf of the10
qualifying student, the applicable amount stipulated in this Subsection and after11
notice from the institution that he student has actually enrolled.12
(b) A payment by the administering agency to a student or legal guardian of13
a student, pursuant to the provisions of Paragraph (2) of this Subsection shall be14
made within one month of receipt by the administering agency from the institution15
that the student has successfully maintained the academic qualifications for his16
award.17
Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor18
and subsequently approved by the legislature, this Act shall become effective on July 1,19
2014, or on the day following such approval by the legislature, whichever is later.20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Greene	HB No. 1009
Abstract: For students qualifying for aTaylor Opportunity Program for Students (TOPS)
award for the first time on and after July 1, 2017, establishes a new payment
schedule and amount for such awards.
Present law establishes the TOPS program and provides for different scholarship awards
within the program.  Proposed law retains present law. HLS 14RS-1356	ORIGINAL
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are additions.
Present law provides for payment at the beginning of the academic period directly to the
educational institution on behalf of the student in the following amounts for the following
awards within TOPS:
(1) Opportunity Award recipients enrolled in a public institution or vocational program
receive full tuition.  Opportunity Award recipients enrolled in an independent
institution or vocational program receive an amount equal to the weighted average
of amounts paid by TOPS for students attending public institutional or vocational
schools, as applicable.
(2)Performance Award recipients enrolled in a public institution or vocational program
receive full tuition paid plus $200 per semester or $400 per academic year.
Performance Award recipients enrolled in an independent institution or vocational
program receive an amount equal to the weighted average of amounts paid by TOPS
for students attending public institutional or vocational schools, as applicable, plus
$200 per semester or $400 per academic year.
(3)Honors Award recipients enrolled in a public institution or vocational program
receive full tuition plus $400 per semester or $800 per academic year.  Honors
Award recipients enrolled in an independent institution or vocational program
receive amount equal to the weighted average of amounts paid by TOPS for students
attending public institutional or vocational schools, as applicable, plus $400 per
semester or $800 per academic year.
Proposed law retains present law for students who qualify for such an award prior to July 1,
2017.
Proposed law provides that for students who qualify for a TOPS award for the first time on
and after July 1, 2017, instead of full tuition being paid on the student's behalf in the
beginning of the academic period, amounts shall be paid as follows:
(1)Opportunity Award recipients enrolled in a public institution or vocational program
would be required to pay to the institution at the start of the academic period 75%
of tuition costs remaining after application of any scholarships and other financial
assistance for the payment of tuition received by the student. The TOPS program
would pay the remaining 25% on behalf of the student.  After completion of the
academic period, and determination that the student maintained the qualifications
necessary to keep the award, the TOPS administrator would send to the student (or
parent who paid the tuition) an amount equal to the 75% paid at the commencement
of the academic period.
(2)Upon completion of an academic period and determination that the student
maintained the qualifications necessary to keep the award, Opportunity Award
recipients enrolled in an independent institution or vocational program (or the parent
who paid the tuition for such program) would receive from the TOPS administrator
an amount equal to 75% of the weighted average of amounts paid by TOPS for
students attending public institutional or vocational schools.
(3)Performance Award recipients enrolled in a public institution or vocational program
would be required to pay to the institution at the start of the academic period 50%
of tuition costs remaining after application of any scholarships and other financial
assistance for the payment of tuition received by the student.  The TOPS program
would pay the remaining 50% on behalf of the student.  After completion of the
academic period, and determination that the student maintained the qualifications
necessary to keep the award, the TOPS administrator would send to the student (or
parent who paid the tuition) an amount equal to the 50% paid at the commencement
of the academic period. HLS 14RS-1356	ORIGINAL
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(4)Upon completion of an academic period and determination that the student
maintained the qualifications necessary to keep the award, Performance Award
recipients enrolled in an independent institution or vocational program (or the parent
who paid the tuition for such program) would receive from the TOPS administrator
an amount equal to 50% of the weighted average of amounts paid by TOPS for
students attending public institutional or vocational schools.
(5)For Honors Award recipients enrolled in a public institution or vocational program,
the TOPS program would pay 100% of tuition on behalf of the student. 
(6)For Honors Award recipients enrolled in an independent institution or vocational
program, the TOPS program would pay 100% of the weighted average of amounts
paid by TOPS for students attending public institutional or vocational schools, as
applicable, on behalf of the student.
Proposed law applies to all Opportunity, Performance, and Honors Award recipients
qualifying for the first time for such an award on or after July 1, 2017.  Proposed law further
removes for such students the extra payments in addition to full tuition to recipients of
Performance and Honors awards provided for in present law.
Present law provides for payment by the administering agency directly to the institution to
which payment is due after notice to the institution that the state shall pay, on behalf of the
qualifying student, the applicable amount and after notice from the institution that the
student has actually enrolled.  Proposed law retains present law.
Present law authorizes a student to defer receipt of a TOPS award until after the student or
legal guardian files a federal income tax return.  Proposed law retains present law.
Present law provides that if the student delays receipt of the TOPS award and the student or
legal guardian claims a federal income tax credit for money expended on educational tuition
for the student, the administering agency shall pay directly to the student the amount of the
award that would have been paid to the educational institution, plus an amount equal to 25%
of the tax credit claimed.  Proposed law retains present law and further provides that for
students first enrolled on or after July 1, 2017, the administering agency shall pay directly
to the student or legal guardian the amount paid by such individual pursuant to proposed law
plus an amount equal to 25% of the tax credit claimed.
Present law provides that if a tax credit is not claimed by the student or legal guardian, then
the amount of the award that would have been paid to the eligible institution by TOPS on
behalf of the student shall be paid directly to the student. Proposed law retains present law
and further provides that for students first enrolled on or after July 1, 2017, the administering
agency shall pay directly to the student or legal guardian the amount paid by such individual
pursuant to proposed law.
Present law authorizes the administering agency to provide by rule adopted pursuant to the
Administrative Procedures Act for implementation of provisions of the TOPS program.
Proposed law retains present law.
Effective July 1, 2014.
(Amends R.S. 17:3048.1(A)(2), (3), (4)(introductory paragraph) and (d)(ii), and (5)(b),
(E)(1), (H)(3)(c), and (K)(3)(a)(ii) and (iii); Adds R.S. 17:3048.1(Y))