13-63-3. Depositories and managers--Bidding by financial institutions--Selection criteria.

The council may implement the program through the use of one or more financial institutions to act as the depositories and managers. Under the program, persons may establish accounts through the program at a depository. The council may solicit proposals from financial institutions to act as the depositories and managers of the program. Financial institutions that submit proposals must describe the financial instruments that will be held in accounts. Any program depositories and managers selected by the council shall be selected from among bidding financial institutions that demonstrate the most advantageous combination, both to potential program participants and this state, of the following factors:

(1)    Financial stability and integrity;

(2)    The safety of the investment instruments being offered, taking into account any insurance provided with respect to these instruments;

(3)    The ability of the financial institution to track estimated costs of higher education as calculated by the council;

(4)    The ability of the financial institutions, directly or through a subcontract, to satisfy record- keeping and reporting requirements;

(5)    The financial institution's plan for promoting the program and the investment it is willing to make to promote the program;

(6)    The fees, if any, proposed to be charged to persons for maintaining accounts;

(7)    The minimum initial deposit and minimum contributions that the financial institution will require and the willingness of the financial institution to accept contributions through payroll deduction plans and other deposit plans; and

(8)    Any other benefits to this state or its residents included in the proposal, including, if applicable, an account opening fee payable to the council by the account owner and an additional fee from the financial institution for statewide program marketing by the council.

Source: SL 2001, ch 97, § 3; SL 2022, ch 49, § 2.