Bill Text: MS SB2247 | 2017 | Regular Session | Introduced
Bill Title: Mississippi Prepaid Affordable College Tuition Program; revise comprehensive investment plan and investment options for.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2247 Detail]
Download: Mississippi-2017-SB2247-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Finance
By: Senator(s) Frazier
Senate Bill 2247
AN ACT TO AMEND SECTION 37-155-9, MISSISSIPPI CODE OF 1972, TO REVISE THE MISSISSIPPI PREPAID AFFORDABLE COLLEGE TUITION PROGRAM BY REVISING THE COMPREHENSIVE INVESTMENT PLAN AND INVESTMENT POLICIES TO BE UTILIZED BY THE BOARD OF DIRECTORS OF THE COLLEGE SAVINGS PLANS OF MISSISSIPPI TRUST FUNDS IN ITS ADMINISTRATION OF THE MISSISSIPPI PREPAID AFFORDABLE COLLEGE TUITION TRUST FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-155-9, Mississippi Code of 1972, is amended as follows:
37-155-9. In addition to the powers granted by any other provision of this article, the board of directors shall have the powers necessary or convenient to carry out the purposes and provisions of this article, the purposes and objectives of the trust fund and the powers delegated by any other law of the state or any executive order thereof, including, but not limited to, the following express powers:
(a) To adopt and amend bylaws;
(b) To adopt such rules and regulations as are necessary to implement the provisions of this article;
(c) To invest any funds of the trust fund in any instrument, obligation, security or property that constitutes legal investments for public funds in the state and to name and use depositories for its investments and holdings;
(d) To execute contracts and other necessary instruments;
(e) To impose reasonable requirements for residency for beneficiaries at the time of purchase of the contract and to establish rules to govern purchase of contracts for beneficiaries who are nonresidents at the time the purchaser enters into the prepaid tuition contract;
(f) To impose reasonable limits on the number of contract participants in the trust fund at any given period of time;
(g) To contract for necessary goods and services, to employ necessary personnel, and to engage the services of consultants for administrative and technical assistance in carrying out the responsibilities of the trust fund;
(h) To solicit and accept gifts, including bequeathments or other testamentary gifts made by will, trust or other disposition, grants, loans and other aids from any personal source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this article. Any gifts made to the board under this subsection shall be deductible from taxable income of the state in the tax year;
(i) To define the terms and conditions under which payments may be withdrawn or refunded from the trust fund, including, but not limited to, the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations and impose reasonable charges for such withdrawal or refund;
(j) To ensure applicability to private and out-of-state tuitions:
(i) Under the program, a state purchaser may enter into a prepaid tuition contract with the board under which the purchaser agrees to attend a public institution of higher education in Mississippi;
(ii) If the beneficiary of a plan described by Section 37-155-11 enrolls in any in-state or out-of-state regionally accredited private four- or two-year college or an out-of-state regionally accredited, state-supported, nonprofit four- or two-year college or university, or any in-state or out-of-state regionally accredited graduate institution, the board shall pay to the institution an amount up to, but not greater than, the undergraduate tuition and required fees that the board would have paid had the beneficiary enrolled in an institution of higher education covered by the plan selected in the prepaid tuition contract. The beneficiary is responsible for paying a private undergraduate or graduate institution or an out-of-state public undergraduate or graduate institution the amount by which the tuition and required fees of the institution exceed the tuition and required fees paid by the board;
(k) To impose reasonable time limits on the use of the tuition benefits provided by the program;
(l) To provide for the receipt of contributions to the trust fund in lump sums or installment payments;
(m) To adopt an official seal and rules;
(n) To sue and be sued;
(o) To establish agreements or other transactions with federal, state and local agencies, including state universities and community colleges;
(p) To appear in its own behalf before boards, commissions or other governmental agencies;
(q) To segregate contributions and payments to the fund into various accounts and funds;
(r) To require and collect administrative fees and charges in connection with any transaction and impose reasonable penalties, including default, for delinquent payments or for entering into an advance payment contract on a fraudulent basis;
(s) To procure insurance against any loss in connection with the property, assets and activities of the fund or the board;
(t) To require that purchasers of advance payment contracts verify, under oath, any requests for contract conversions, substitutions, transfers, cancellations, refund requests or contract changes of any nature;
(u) To administer the fund in a manner that is sufficiently actuarially sound to meet the obligations of the program. The board shall annually evaluate or cause to be evaluated the actuarial soundness of the fund. If the board perceives a need for additional assets in order to preserve actuarial soundness, the board may adjust the terms of subsequent advance payment contracts to ensure such soundness;
(v) To establish a comprehensive investment plan for the purposes of this section. The comprehensive investment plan shall specify the investment policies to be utilized by the board in its administration of the fund. The board may authorize investments in:
(i) Bonds, notes, certificates and other valid general obligations of the State of Mississippi, or of any county, or of any city, or of any supervisors district of any county of the State of Mississippi, or of any school district bonds of the State of Mississippi; notes or certificates of indebtedness issued by the Veterans' Home Purchase Board of Mississippi, provided such notes or certificates of indebtedness are secured by the pledge of collateral equal to two hundred percent (200%) of the amount of the loan, which collateral is also guaranteed at least for fifty percent (50%) of the face value by the United States government, and provided that not more than five percent (5%) of the total investment holdings of the system shall be in Veterans' Home Purchase Board notes or certificates at any time; real estate mortgage loans one hundred percent (100%) insured by the Federal Housing Administration on single family homes located in the State of Mississippi, where monthly collections and all servicing matters are handled by Federal Housing Administration approved mortgagees authorized to make such loans in the State of Mississippi;
(ii) State of Mississippi highway bonds;
(iii) Funds may be
deposited in * * * any institution insured by the Federal Deposit
Insurance Corporation that maintains a facility that takes deposits in the
State of Mississippi which appears on the State of Mississippi Treasury
Department's approved depository list and/or safekeeper list or a custodial
bank;
(iv) Corporate
bonds and taxable municipal bonds of investment grade as rated by
Standard & Poor's, by Fitch Ratings, Ltd., or by Moody's Investment
Service * * *; or corporate short-term obligations of
corporations or of wholly owned subsidiaries of corporations, whose short-term
obligations are rated * * * A-2 or better by Standard * * * & Poor's, * * * rated * * * P-2 or better by Moody's
Investment Service, or F-2 or better by Fitch Ratings, Ltd., or the
equivalent of these ratings if assigned by another United States Securities and
Exchange Commission designated Nationally Recognized Statistical Rating
Organization;
(v) Agency and nonagency residential and commercial mortgage-backed securities and collateralized mortgage obligations;
(vi) Convertible bonds;
( * * *vii) Bonds of the Tennessee Valley
Authority;
( * * *viii) Bonds, notes, certificates and
other valid obligations of the United States, and other valid obligations of
any federal instrumentality that issues securities under authority of an act of
Congress and are exempt from registration with the Securities and Exchange
Commission;
( * * *ix) Bonds, notes, debentures and
other securities issued by any federal instrumentality and fully guaranteed by
the United States. Direct obligations issued by the United States of America
shall be deemed to include securities of, or other interests in, any open-end
or closed-end management type investment company or investment trust registered
under the provisions of * * * 15 USCS Section 80(a)‑1 et seq. the Investment
Company Act of 1940, provided that the portfolio of such investment company
or investment trust is limited to direct obligations issued by the United
States of America, United States government agencies, United States government
instrumentalities or United States government sponsored enterprises, and to
repurchase agreements fully collateralized by direct obligations of the United
States of America, United States government agencies, United States government
instrumentalities or United States government sponsored enterprises, and the
investment company or investment trust takes delivery of such collateral for
the repurchase agreement, either directly or through an authorized custodian * * *;
( * * *x) Interest-bearing revenue
bonds or notes or bonds or notes which are general obligations of any * * * state in the United States or of any
city or county therein, provided * * *
that the bonds or notes are of investment grade as rated by Standard &
Poor's, by Fitch Ratings, Ltd. or by Moody's Investment Service;
( * * *xi) 1. Shares of stocks,
common and/or preferred, of corporations created by or existing under the laws
of the United States or any state, district or territory thereof and shares
of stocks, common and/or preferred and convertible securities of non-United
States companies; provided:
* * *a. The maximum investments in stocks
shall not exceed * * * seventy percent (70%) of the * * * market value of the total
investment fund * * *;
* * *b. The stock of such corporation
shall:
* * *A. Be listed on a national stock
exchange; or
* * *B. Be traded in the over-the-counter
market, provided price quotations for such over-the-counter stocks are quoted
by the National Association of Securities Dealers Automated Quotation System
(NASDAQ);
* * *c. The outstanding shares of such
corporation shall have a total market value of not less than Fifty Million
Dollars ($50,000,000.00);
* * *d. The amount of investment in any
one (1) corporation shall not exceed * * * five percent (5%) of
the book value of the assets of the * * * fund; and
* * *e. The shares of any one (1)
corporation owned by the * * * system fund shall not exceed five percent (5%) of that
corporation's outstanding stock;
2. The board may take requisite action to effectuate or hedge such transactions for shares of stock and convertible securities of non-United States companies through foreign or domestic banks, including the purchase and sale, transfer, exchange or otherwise disposal of, and generally deal in foreign exchange through the use of foreign currency, interbank forward contracts, futures contracts, options contracts, swaps and other related derivative instruments, notwithstanding any other provisions of law to the contrary;
( * * *xii) Bonds * * * of investment
grade, stocks and convertible securities of established non-United States
companies and foreign government securities of investment grade rated by a
recognized rating agency, which companies are listed on only primary
national stock exchanges of foreign nations; * * * provided that the total * * * market value of investments under
this paragraph shall at no time exceed * * * thirty percent (30%)
of the total * * *
market value of all investments of the * * * fund. The board may take
requisite action to effectuate or hedge such transactions through foreign or
domestic banks, including the purchase and sale, transfer, exchange or
otherwise disposal of, and generally deal in foreign exchange through the use
of foreign currency, interbank forward contracts, futures contracts, options
contracts, swaps and other related derivative instruments, notwithstanding any
other provisions of this article to the contrary;
( * * *xiii) Covered call and put options on
securities or indices traded on one or more of the regulated exchanges;
( * * *xiv) Institutional investment trusts
managed by a corporate trustee or by a Securities and Exchange Commission
registered investment advisory firm retained as an investment manager by the
board of directors, and institutional class shares of investment companies and
unit investment trusts registered under the Investment Company Act of 1940
where such funds or shares are comprised of common or preferred stocks, bonds,
money market instruments or other investments authorized under this section.
Any investment manager or managers approved by the board of directors shall
invest such funds or shares as a fiduciary;
( * * *xv) Pooled or commingled real
estate funds or real estate securities managed by a corporate trustee or by a
Securities and Exchange Commission registered investment advisory firm retained
as an investment manager by the board of directors. Such investment in
commingled funds or shares shall be held in trust; provided that the total * * * market value of investments under
this paragraph shall at no time exceed * * * ten percent (10%) of
the total * * *
market value of all investments of the * * * fund. Any investment manager
approved by the board of directors shall invest such commingled funds or shares
as a fiduciary;
(xvi) Types of investments not specifically authorized by this paragraph if the investments are in the form of a separate account managed by a Securities and Exchange Commission registered investment advisory firm retained as an investment manager by the board; or a limited partnership or commingled fund approved by the board; provided that the total market value of investments under this paragraph shall at no time exceed ten percent (10%) of the total market value of all investments of the fund. Any person or entity who exercises any discretionary authority or discretionary control respecting management of the separate account, limited partnership or commingled fund, or who exercises any authority or control respecting management or disposition of the assets of the separate account, limited partnership or commingled fund shall exercise such authority or control as a fiduciary;
(w) All investments
shall be acquired * * * at prices not exceeding the prevailing market values for
such * * *
investments;
(x) Any limitations
herein set forth shall be applicable only at the time of purchase and shall not
require the liquidation of any investment at any time. All investments shall
be clearly marked to indicate ownership by the * * * fund and to the extent possible
shall be registered in the name of the * * * fund;
(y) Subject to the
above terms, conditions, limitations and restrictions, the board shall have
power to sell, assign, transfer and dispose of any of the securities and
investments of the * * * fund, provided that the sale, assignment or transfer
has the majority approval of the entire board. The board may employ or
contract with investment managers, evaluation services or other such services
as determined by the board to be necessary for the effective and efficient
operation of the * * * fund;
(z) Except as
otherwise provided herein, no trustee and no employee of the board shall have
any direct or indirect interest in the income, gains or profits of any
investment made by the board, nor shall any such person receive any pay or
emolument for his services in connection with any investment made by the
board. No trustee or employee of the board shall become an endorser or surety,
or in any manner an obligor for money loaned by or borrowed from the * * * fund;
(aa) All interest
derived from investments and any gains from the sale or exchange of investments
shall be credited by the board to the account of the * * * fund;
(bb) To delegate responsibility for administration of the comprehensive investment plan to a consultant the board determines to be qualified. Such consultant shall be compensated by the board. Directly or through such consultant, the board may contract to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board or such consultant, including, but not limited to, providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control and safekeeping;
(cc) To annually prepare or cause to be prepared a report setting forth in appropriate detail an accounting of the fund and a description of the financial condition of the program at the close of each fiscal year. Such report shall be submitted to the Governor, the Lieutenant Governor, the President of the Senate, the Speaker of the House of Representatives, and members of the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board and the State Board of Education on or before March 31 each year. In addition, the board shall make the report available to purchasers of advance payment contracts. The board shall provide to the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board by March 31 each year complete advance payment contract sales information including projected postsecondary enrollments of beneficiaries. The accounts of the fund shall be subject to annual audits by the State Auditor or his designee;
(dd) To solicit proposals for the marketing of the Mississippi Prepaid Affordable College Tuition Program. The entity designated pursuant to this paragraph shall serve as a centralized marketing agent for the program and shall solely be responsible for the marketing of the program. Any materials produced for the purpose of marketing the programs shall be submitted to the board for review. No such materials shall be made available to the public before the materials are approved by the board. Any educational institution may distribute marketing materials produced for the program; however, all such materials shall have been approved by the board prior to distribution. Neither the state nor the board shall be liable for misrepresentation of the program by a marketing agent; and
(ee) To establish other policies, procedures and criteria necessary to implement and administer the provisions of this article.
For efficient and effective administration of the program and trust fund, the board may authorize the State of Mississippi Treasury Department and/or the State Treasurer to carry out any or all of the powers and duties enumerated above.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
