Title 20, Chapter 3, Section 201
( 20-3-201)
As used in this article, the term: (1) "Authority" means the Private Colleges and Universities
Authority created by this article and any successor or successors
thereto. Any change in name or composition of the authority shall
in no way affect the vested rights of any person under this
article. (2) "Bond," "bonds," or "revenue bonds" means revenue bonds of the
authority issued under this article, including revenue refunding
bonds, notwithstanding that such bonds may be secured by a
mortgage or the full faith and credit of a participating
institution for higher education or any other lawfully pledged
security of a participating institution for higher education. (3) "Borrower" means any student who has received an education
loan or any parent who has received or agreed to repay an
education loan. (4) "Construction project" means a structure or structures
available for use as a dormitory or other student housing
facility; a dining hall; student union; administration building;
academic building; library; laboratory; research facility;
classroom; athletic facility; health care facility; maintenance,
storage, or utility facility; and other structures or facilities
related thereto or required or useful for the instruction of
students or the conducting of research or the operation of an
institution of higher education, whether proposed, under
construction, or completed, including parking and other facilities
or structures essential or convenient for the orderly conduct of
such institution for higher education; shall also include
landscaping, site preparation, furniture, equipment and machinery
and other similar items necessary or convenient for the operation
of a particular facility or structure in the manner for which it
is intended but shall not include any items the costs of which are
customarily deemed to result in a current operating charge and
shall not include any facility used or to be used for sectarian
instruction or as a place of religious worship nor any facility
which is used or to be used primarily in connection with any part
of the program of a school or department of divinity for any
religious denomination. "Construction project" also means any one
or more buildings or structures owned, leased, or operated by an
institution for higher education, including, without limitation,
hospitals; clinics; extended-care facilities; emergency-care
facilities; out-patient facilities; alcohol and drug
detoxification facilities; training facilities for nurses,
interns, physicians, dentists, or other staff members; housing for
nurses, residents, and interns; medical and dental office
facilities; and other structures or facilities related thereto or
required or useful for such purposes, whether proposed, under
construction, or completed, including parking and other facilities
or structures essential or convenient for such purposes; and shall
also include landscaping, site preparation, furniture, equipment
and machinery, and other similar items necessary or convenient for
the operation of a particular facility or structure in the manner
for which it is intended but shall not include any items the costs
of which are customarily deemed to result in a current operation
charge. The term "construction project" also means and includes
the acquisition, construction, improvement, or modification of any
property, whether real or personal, which shall be suitable for or
used as or in connection with an exhibition hall, museum, or other
structure or structures for the display by an institution of
higher education of the works of its students or faculty or of
professional or other artists. (5) "Cost," as applied to a project or any portion thereof
financed under this article, means, if such project is a
construction project, all or any part of the cost of construction,
acquisition, alteration, enlargement, reconstruction, and
remodeling of a construction project, including all lands,
structures, real or personal property, rights, rights of way,
franchises, easements, permits, approvals, licenses, and
certificates and the securing of such permits, approvals,
licenses, and certificates, and interests acquired or used for or
in connection with a construction project; the cost of demolishing
or removing any buildings or structures on land so acquired,
including the cost of acquiring any lands to which such buildings
or structures may be moved; the cost of all machinery and
equipment; financing charges; underwriters' commissions or
discounts; interest prior to, during, and for a period of six
months following estimated completion of such construction and
acquisition; provisions for reserves for principal and interest
and for extensions, enlargements, additions, and improvements; the
cost of architectural, engineering, financial, and legal services,
plans, specifications, studies, surveys, estimates of cost and
revenues; administrative expenses; expenses necessary or incident
to determining the feasibility or practicability of constructing
the construction project; and such other expenses as may be
necessary or incident to the construction and acquisition of the
construction project, the financing of such construction and
acquisition, and the placing of the construction project in
operation. If such project is an education loan program, the term
"cost," as applied to a project or portion thereof financed under
the provisions of this article, means all or any part of the
moneys needed to fund the loan program and the expenses of
administration and operation of such education loan program,
including the fees and expenses of persons engaged by the
authority or by a participating institution for higher education
to originate or service education loans or to conduct financial
feasibility studies. All funds paid or advanced for any of the
purposes aforesaid by any institution for higher education prior
to the issuance of any of the authority's revenue bonds may be
refunded to such institution out of the proceeds of any revenue
bonds so issued. Any obligation or expense incurred for any of
the foregoing purposes shall be regarded as a part of the cost of
the project and may be paid or reimbursed as such out of the
proceeds of revenue bonds or notes issued under this article for
such project. (6) "Cost of attendance" means the amount defined by the
participating institution for higher education for the purpose of
the guaranteed student loan program as defined in Title IV, Part
B, of the Higher Education Act of 1965, 20 U.S.C.A. Section 1071,
et seq., as said statute existed on January 1, 1983. (7) "Education loan" means a loan which is made by a participating
institution for higher education pursuant to this article to a
student or parents, or both, in amounts not in excess of the
maximum amounts specified in this paragraph to finance the
student's attendance at such institution. The maximum loan amount
shall not exceed: (A) In the case of a borrower who is a student, the student's
cost of attendance for the period of time for which the loan is
made minus the following amounts applicable to such period of
time: (i) The amount of grant which the student receives under the
federal Pell Grant program authorized under Title IV, Part A,
of the Higher Education Act of 1965, 20 U.S.C.A. Section 1070,
et seq., whether or not the student has made application for
such grant; (ii) The maximum net guaranteed student loan proceeds which
the student receives pursuant to Title IV, Part B, of the
Higher Education Act of 1965, 20 U.S.C.A. Section 1071, et
seq., whether or not the student has made application for such
loan; (iii) The amount of scholarships, grants, or other
nonrepayable assistance received by the student from
government agencies, educational institutions, or private
institutions or organizations; and (iv) The amount of loan proceeds which the student receives
pursuant to Title IV, Part E, of the Higher Education Act of
1965, 20 U.S.C.A. Section 1087aa, et seq.; and (B) In the case of a borrower who is a parent, the student's
cost of attendance minus: (i) The amounts determined pursuant to subparagraph (A) of
this paragraph; and (ii) The amount of loan, if any, which the student receives
pursuant to this article. (8) "Education loan program" means a program for making education
loans from moneys provided by the authority instituted by any one
or more participating institution or institutions for higher
education. (9) "Institution for higher education" means a nonprofit
educational institution which is not owned or controlled by the
state or any political subdivision, agency, instrumentality,
district, or municipality thereof, which provides a program of
education beyond the high school level and which: (A) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate; (B) Provides an educational program for which it awards a
bachelor's degree or provides an educational program, admission
into which is conditioned upon the prior attainment of a
bachelor's degree or its equivalent, for which it awards a
postgraduate degree, or provides not less than a two-year
program which is acceptable for full credit toward such a
degree; and (C) Is accredited by a nationally recognized accrediting agency
or association or, if not so accredited, is an institution whose
credits are accepted, on transfer, by the university system and
its educational units for credit on the same basis as if
transferred from an institution so accredited, or any nonprofit corporation organized solely for the benefit of
such an institution; provided, however, that a nonprofit
educational institution which is otherwise an institution for
higher education as defined in this paragraph shall be deemed to
be an institution for higher education notwithstanding such
institution's maintenance of a special early-admission policy for
gifted high school students. (10) "Parent" or "parents" means any parent or guardian or the
parents or guardians of a student at a participating institution
for higher education. (11) "Project" means a construction project or an education loan
program, or both, as the case may be. (12) "Property" means any real, personal, or mixed property or any
interest therein, including, without limitation, any real estate,
appurtenances, buildings, easements, equipment, furnishings,
furniture, improvements, machinery, rights of way, and structures,
or any interest therein. (13) "Revenues" means, with respect to any project, the rents,
purchase installments, loan repayment proceeds, fees, charges, and
other moneys derived by the authority therefrom in connection with
the lease, sale, or financing thereof. (14) "Student" means any individual who possesses a certificate of
admission or enrollment at a participating institution for higher
education and who satisfies any requirements established by such
institution with respect to participation in the education loan
program maintained by such institution. |