LD 1409
pg. 7
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LR 2020
Item 1

 
4. Public meetings and records. Except for records
containing specific and identifiable personal information
acquired from applicants for or recipients of financial
assistance, the books and records of a nonprofit corporation
formed under this section are public records and the meetings of
such a corporation are public proceedings within the meaning of
Title 1, chapter 13, subchapter I 1.

 
5. Use of competitive bidding. A nonprofit corporation
formed An entity designated under this section may enter into
contracts for loan administration, loan servicing and other
substantial operating contracts related to loan purchase
activities through an open competitive bidding process in
accordance with this subsection. The corporation entity shall
adopt rules requiring that loan administration or servicing
contracts may not be entered into without prior public notice and
opportunity for interested persons to make proposals, and the
corporation entity may not adopt the rules until after providing
public notice and opportunity for public comment on the proposed
rules. In adopting those rules, the corporation entity shall
consider to the extent possible the rules and procedures with
respect to the competitive bidding process set forth in Title 5,
chapter 155, subchapter I-A 1-A. Any loan administration or
servicing contract must be approved by the board after review of
the contract and an accompanying fairness opinion prepared by an
independent 3rd party.

 
6. Annual report. A nonprofit corporation formed An entity
designated under this section shall report annually on its
activities during the previous fiscal year to the joint standing
committees of the Legislature having jurisdiction over business
and economic development matters, appropriations matters and
education matters. The report must include a listing of the
current directors and officers of the corporation; a summary of
the corporation's purchases of loans in the secondary market
during the previous fiscal year; a listing of the institutions
from which loans were purchased during the previous fiscal year;
a summary of the corporation's direct student loans; and a
complete financial statement of the corporation's entity's
operations related to loan purchases during the previous fiscal
year, including a breakdown of income and costs, the
administrative and operating costs of the corporation, the assets
and liabilities of the corporation, the total excess revenues
over expenditures for the previous fiscal year and the total
accumulation of these revenues, the total income derived from
investments during the previous fiscal year, the disposition and
use of excess revenues, the proceeds from investments and the
geographic distribution and distribution between institutions of
higher learning of its student loans among residents of this
State. The report must demonstrate that all revenues, including


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