20-3-608. Advance tuition payment fund; expenditure of trust assets.

There is created under the jurisdiction and control of the board and within the trust an advance tuition payment fund. Payments received by the trust from purchasers on behalf of qualified beneficiaries or from any other source, public or private, shall be placed in the fund. The fund may be divided into separate accounts.#

Assets of the trust, including the fund, shall not be considered state moneys or revenues of the state and shall not be governed by Article III, Section IX or Article VII, Section III of the Constitution.#

Unless otherwise provided by resolution of the board, assets of the trust shall be expended in the following order of priority:#

1. (1)

   To make payments to state institutions of higher education on behalf of qualified beneficiaries;#

2. (2)

   To make refunds upon termination of an advance tuition payment contract; and#

3. (3)

   To pay the costs of organization, administration, and operation of the trust and the fund.#