§ 23-3.1-106 — Student loan program established

Colorado § 23-3.1-106

• Jurisdiction: Colorado
• Title 23: Postsecondary Education
• Art.: Student Loan Program

Text

(1) (a) There is hereby
established a student loan program, to be administered by the division, which shall
guarantee, in accordance with applicable provisions of federal law, a percentage of
the unpaid principal and interest on all guaranteed student loans approved by the
division. No guaranteed student loan shall be guaranteed to a percentage or an
amount in excess of the limits authorized by federal law, nor shall interest charged
on any guaranteed student loan exceed the interest rate permitted by federal law,
but each guaranteed student loan may carry a special loan insurance premium
which shall not exceed that permitted by federal law. No guaranteed student loan
shall be guaranteed or made to any borrower which would not be eligible for
federal reinsurance as authorized by Title IV, Part B of the federal Higher
Education Act of 1965, as amended. A loan guarantee made by the division in good
faith for a student loan which has been disbursed and which does not meet the
requirements of this article, except for cases of misfeasance by the holder, shall
not be invalidated.

(b) On and after July 1, 2006, the student loan program established pursuant
to paragraph (a) of this subsection (1) shall be formally and legally known as and
designated the Colorado student loan program. On and after July 1, 2006, whenever
the student loan program or the guaranteed student loan program is referred to or
designated by a contract or other document, such reference or designation shall be
deemed to apply to the Colorado student loan program. All contracts entered into
by or on behalf of the student loan program or the guaranteed student loan
program prior to July 1, 2006, are hereby validated as obligations of the Colorado
student loan program.

(2) It is the intent of the general assembly that the Colorado student loan
program established by subsection (1) of this section shall operate in such a manner
that its costs can be fully met by user fees and federal payments.

(3) (a) Loan guarantees made by the division shall not constitute or become
an indebtedness, a debt, or a liability of the state, nor shall such loan guarantees
constitute the giving, pledging, or loaning of the full faith and credit of the state.
The state shall have no liability with respect to loan guarantees which shall be
payable solely from the user fees and federal payments provided for in section 23-3.1-107.

(b) The loan guarantees shall not obligate the state, directly, indirectly, or
contingently, nor empower the state or the general assembly to levy or collect any
form of taxes or assessments, to create any indebtedness payable out of taxes or
assessments, or to make any appropriation for their payment, and any such
appropriation, levy, or collection is prohibited. Nothing in this part 1 shall be
construed to authorize the division to create a debt of the state within the meaning
of the constitution or statutes of Colorado or to authorize the division to levy or
collect any form of taxes or assessments.

(c) The state shall not be liable in any event for the purchase of defaulted
loans made, originated, disbursed, serviced, or guaranteed by the division or for the
performance of any pledge, obligation, or agreement of any kind in connection with
such loans which may be undertaken by the division except from the user fees and
federal payments provided for in section 23-3.1-107. No breach of any such pledge,
obligation, or agreement shall impose any pecuniary liability upon the state or a
charge upon the general credit or taxing power of the state.

(4) On and after July 1, 2015, the Colorado student loan program may enter
into an agreement with the department or another state entity to administer all or
part of the college opportunity fund program created in parts 1 and 2 of article 18 of
this title 23.

Legislative History

Source: L. 79: Entire article added, p. 811, � 1, effective July 1. L. 81: (3)(c) amended, p. 1088, � 5, effective May 29. L. 84: (1), (2), and (3)(c) amended, p. 620, � 9, effective April 10. L. 85: (1) amended, p. 774, � 7, effective April 5. L. 94: (1) amended, p. 453, � 1, effective March 29. L. 2004: (1) and (2) amended, p. 559, � 3, effective July 1. L. 2006: (1)(b) and (2) amended, p. 513, � 7, effective July 1. L. 2017: (4) added, (HB 17-1131), ch. 29, p. 84, � 2, effective March 8.