PRINTER'S NO. 4070
No. 2831 Session of 1986
INTRODUCED BY VEON, SWEET, DAWIDA, YANDRISEVITS, RYBAK,
GODSHALL, HALUSKA, KOSINSKI, COHEN, HERMAN, O'DONNELL,
PRESSMANN, D. R. WRIGHT, RAYMOND, KUKOVICH, TIGUE, STABACK,
FOX, BALDWIN, LEVDANSKY, WOGAN, FREEMAN, OLASZ, KENNEY,
MORRIS, JOSEPHS, NAHILL, McVERRY, FLICK AND PETRARCA,
OCTOBER 6, 1986
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 6, 1986
AN ACT
1 Creating the Commonwealth Baccalaureate Education System Trust;
2 prescribing the powers and duties of the trust and of its
3 board of directors; providing for advance tuition payment
4 contracts; establishing the Advance Tuition Payment Fund and
5 providing for its administration; and providing remedies.
6 TABLE OF CONTENTS
7 Section 1. Short title.
8 Section 2. Declaration of policy.
9 Section 3. Definitions.
10 Section 4. Trust established.
11 Section 5. Advance payment of tuition.
12 Section 6. Trust contracts.
13 Section 7. Termination of contract and refund.
14 Section 8. Advance Tuition Payment Fund.
15 Section 9. Board of directors.
16 Section 10. Enumeration of board's powers.
17 Section 11. Accounting and audits of the trust.
1 Section 12. Administration of trust.
2 Section 13. Enforcement of act.
3 Section 14. Exemption for State and local taxes.
4 Section 15. Contracts for services.
5 Section 16. Cooperation with private sector.
6 Section 17. Limitation on use of assets.
7 Section 18. Admission not guaranteed.
8 Section 19. Contract exempt from securities loan.
9 Section 20. Sale of contract prohibited.
10 Section 21. Tax deduction.
11 Section 22. Liberal construction.
12 Section 23. Severability.
13 Section 24. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title.
17 This act shall be known and may be cited as the Commonwealth
18 Baccalaureate Education System Trust Act.
19 Section 2. Declaration of policy.
20 (a) Legislative findings.
21 (1) It is an essential function of State government to
22 forever encourage schools and the means of education.
23 (2) It is an essential function of State government to
24 encourage attendance at institutions of higher education.
25 (3) Tuition costs at public institutions of higher
26 education are difficult for many to afford and are difficult
27 to predict in order to enable individuals and families to
28 plan.
29 (4) It is in the best interest of the people of this
30 Commonwealth to foster public higher education in order to
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1 provide well-educated citizens.
2 (5) It is in the best interest of the people of this
3 Commonwealth to encourage Commonwealth residents to enroll in
4 State public institutions of higher learning.
5 (6) Students in elementary and secondary schools tend to
6 achieve a higher standard of performance when the payment of
7 tuition for their higher education is secured.
8 (7) Providing assistance to assure the higher education
9 of the citizens of this Commonwealth is necessary and
10 desirable for the public health, safety and welfare.
11 (b) Declaration.--The General Assembly declares the purpose
12 of this act to be:
13 (1) To encourage education and the means of education.
14 (2) To maintain State institutions of higher education
15 by helping to provide a stable financial base to these
16 institutions.
17 (3) To provide wide and affordable access to State
18 institutions of higher education for the residents of this
19 Commonwealth.
20 (4) To encourage attendance at State institutions of
21 higher education.
22 (5) To provide students and their parents with economic
23 protection against rising tuition costs.
24 (6) To provide students and their parents with financing
25 assistance for postsecondary education.
26 (7) To help provide the benefits of higher education to
27 the people of this Commonwealth.
28 (8) To encourage elementary and secondary students in
29 this Commonwealth to achieve high standards of performance.
30 Section 3. Definitions.
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1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Advance tuition payment contract." A contract entered into
5 by the trust and a purchaser under this act to provide for the
6 higher education of a qualified beneficiary.
7 "Board." The board of directors of the Commonwealth
8 Baccalaureate Education System Trust.
9 "Fund." The Advance Tuition Payment Fund.
10 "Purchaser." A person who makes or is obligated to make
11 advance tuition payments pursuant to an advance tuition payment
12 contract.
13 "Qualified beneficiary." Any resident of this Commonwealth.
14 "State institution of higher education." The 14 universities
15 enumerated in section 2002-A of the act of March 10, 1949
16 (P.L.30, No.14), known as the Public School Code of 1949, the
17 University of Pittsburgh, Temple University and The Pennsylvania
18 State University.
19 "Trust." The Commonwealth Baccalaureate Education System
20 Trust.
21 Section 4. Trust established.
22 (a) Public body.--There is created a public body corporate
23 and politic to be known as the Commonwealth Baccalaureate
24 Education System Trust. The trust shall be within the Treasury
25 Department, but shall exercise its prescribed statutory powers,
26 duties and functions independently of the State Treasurer.
27 (b) Powers vested in board.--The purposes, powers and duties
28 of the Commonwealth Baccalaureate Education System Trust are
29 vested in and shall be exercised by a board of directors.
30 Section 5. Advance payment of tuition.
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1 (a) Terms of contract.--The trust, on behalf of itself and
2 the Commonwealth, may contract with a purchaser for the advance
3 payment of tuition by the purchaser for a qualified beneficiary
4 to attend any of the State institutions of higher education to
5 which the qualified beneficiary is admitted, without further
6 tuition cost to the qualified beneficiary. In addition, an
7 advance tuition payment contract shall set forth all of the
8 following:
9 (1) The amount of the payment or payments required from
10 the purchaser on behalf of the qualified beneficiary.
11 (2) The terms and conditions for making the payment,
12 including, but not limited to, the date or dates upon which
13 the payment, or portions of the payment, shall be due.
14 (3) Provisions for late payment charges and for default.
15 (4) The name and age of the qualified beneficiary under
16 the contract. The purchaser, with the approval of and on
17 conditions determined by the trust, may subsequently
18 substitute another person for the qualified beneficiary
19 originally named.
20 (5) The number of credit hours covered by the contract.
21 (6) The name of the person entitled to terminate the
22 contract, which, as provided by the contract, may be the
23 purchaser, the qualified beneficiary, or a person to act on
24 behalf of the purchaser or qualified beneficiary or any
25 combination of these persons.
26 (7) The terms and conditions under which the contract
27 may be terminated and the amount of the refund, if any, to
28 which the person terminating the contract, or specifically
29 the purchaser or designated qualified beneficiary, if the
30 contract so provides, shall be entitled upon termination.
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1 (8) The assumption of a contractual obligation by the
2 trust to the qualified beneficiary on its own behalf and on
3 behalf of the Commonwealth to provide for the necessary
4 number of credit hours of higher education, not to exceed the
5 number of credit hours required for the granting of a
6 baccalaureate degree, at any State institution of higher
7 education to which the qualified beneficiary is admitted. The
8 advance tuition payment contract shall provide for the
9 necessary number of credit hours of higher education that a
10 qualified beneficiary may receive under the contract if the
11 qualified beneficiary is not entitled to in-State tuition
12 rates.
13 (9) The period of time from the beginning to the end of
14 which the qualified beneficiary may receive the benefits
15 under the contract.
16 (10) Other terms, conditions and provisions as the trust
17 considers in its sole discretion to be necessary or
18 appropriate.
19 (b) Form of contract.--The form of any advance tuition
20 payment contract to be entered into by the trust shall first be
21 approved by the Office of General Counsel.
22 (c) Arrangements with State institutions of higher
23 learning.--The trust shall make any arrangements that are
24 necessary or appropriate with State institutions of higher
25 education in order to fulfill its obligations under advance
26 tuition payment contracts, which arrangements may include, but
27 need not be limited to, the payment by the trust of the actual
28 tuition cost on behalf of a qualified beneficiary to the State
29 institution of higher education.
30 (d) Attendance at community or junior college.--An advance
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1 tuition payment contract shall provide that the trust make
2 provision for the qualified beneficiary to attend a community or
3 junior college in this Commonwealth before entering a State
4 institution of higher education if the beneficiary so chooses
5 and that the contract may be terminated pursuant to section 7
6 after the beneficiary completes the requirements for a degree at
7 the community or junior college in this Commonwealth or before
8 the beneficiary enters the State institution of higher
9 education.
10 (e) Termination of contract.--An advance tuition payment
11 contract may provide that, if after a number of years specified
12 in the contract the contract has not been terminated or the
13 qualified beneficiary's rights under the contract have not been
14 exercised, the trust shall retain the amounts otherwise payable,
15 and the rights of the qualified beneficiary or the purchaser or
16 the agent of either shall be considered terminated.
17 Section 6. Trust contracts.
18 (a) Types.--At a minimum, the trust shall offer contracts of
19 the two types set forth in subsections (b) and (c), to be known
20 as Plan A and Plan B, respectively.
21 (b) Plan A.--Under Plan A the terms shall be as follows:
22 (1) A payment or series of payments shall be required
23 from the purchaser on behalf of a qualified beneficiary.
24 (2) The face amount of the payment or payments may be
25 refunded by the trust upon termination of the contract
26 pursuant to section 7 and in accordance with the terms of the
27 contract, less any administrative fee specified in the
28 contract, but any investment income attributable to the
29 payments shall not be refundable.
30 (3) The trust shall provide for the qualified
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1 beneficiary to attend a State institution of higher education
2 which the qualified beneficiary attends for the number of
3 credit hours required by the institution for the awarding of
4 a baccalaureate degree, without further tuition cost to the
5 qualified beneficiary, except as provided in section 5 for a
6 qualified beneficiary who is not entitled to in-State tuition
7 rates.
8 (c) Plan B.--Under Plan B the terms shall be as follows:
9 (1) A payment or series of payments shall be required on
10 behalf of a qualified beneficiary.
11 (2) The face amount of the payment or payments may be
12 refunded by the trust upon termination of the contract
13 pursuant to section 7 and in accordance with the terms of the
14 contract, less any administrative fee specified in the
15 contract, together with all or a specified portion of accrued
16 investment income attributable to the payment or payments as
17 may be agreed to in the contract.
18 (3) The trust shall provide for the qualified
19 beneficiary to attend a State institution of higher education
20 which the qualified beneficiary attends for the number of
21 credit hours required by the institution for the awarding of
22 a baccalaureate degree, without further tuition cost to the
23 qualified beneficiary, except as provided in section 5 for a
24 qualified beneficiary who is not entitled to in-State tuition
25 rates.
26 (d) Requirements based upon attendance.--Contracts under
27 this section may require that payment or payments from a
28 purchaser, on behalf of a qualified beneficiary who may attend a
29 State institution of higher education in less than four years
30 after the date the contract is entered into by the purchaser, be
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1 based upon attendance at a certain State institution of higher
2 education or at that State institution of higher education with
3 the highest prevailing tuition cost for the number of credit
4 hours covered by the contract.
5 Section 7. Termination of contract and refund.
6 (a) Basis for termination of contract.--An advance tuition
7 payment contract shall not authorize termination of the contract
8 except when one of the following occurs:
9 (1) The qualified beneficiary dies.
10 (2) The qualified beneficiary is not admitted to a State
11 institution of higher education after making proper
12 application.
13 (3) The qualified beneficiary certifies to the trust,
14 after attaining the age of majority, that he or she has
15 decided not to attend a State institution of higher education
16 and requests, in writing, that the advance tuition payment
17 contract be terminated.
18 (4) Other circumstances, determined by the trust and set
19 forth in the advance tuition payment contract, occur.
20 (b) Amount of refund.--An advance tuition payment contract
21 may provide for a refund pursuant to this section to a person to
22 whom the refund is payable under the contract upon termination
23 of the contract. The refund may include all or a portion of the
24 payment or payments made by the purchaser under the contract and
25 all or a portion of the accrued investment income attributable
26 to the payment or payments. However, except as provided by
27 subsection (d), the amount of a refund shall not exceed the
28 prevailing tuition cost on the date of termination for the
29 number of credit hours covered by the contract at the State
30 institution of higher education which charges the lowest rate of
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1 tuition. The amount of a refund shall be reduced by the amount
2 transferred to a community or junior college on behalf of a
3 qualified beneficiary when the contract is terminated as
4 provided in section 5 and by the amount transferred to a State
5 institution of higher education on behalf of a qualified
6 beneficiary. Termination of a contract and the right to receive
7 a refund shall not be authorized under the contract if the
8 qualified beneficiary has completed more than one-half of the
9 number of credit hours required by the State institution of
10 higher education for the awarding of a baccalaureate degree.
11 However, this provision shall not affect the termination and
12 refund rights of a graduate of a community or junior college.
13 (c) Payment to independent college or university.--An
14 advance tuition payment contract may authorize a person, who is
15 entitled under the advance tuition payment contract to terminate
16 the contract, to direct payment of the refund to an independent
17 degree-granting college or university in this Commonwealth or to
18 a community or junior college in this Commonwealth. If directed
19 to make payments under this subsection, the trust shall transfer
20 to the designated institution an amount equal to the tuition due
21 for the qualified beneficiary, but the trust shall not transfer
22 a cumulative amount greater than the refund to which the person
23 is entitled. If the refund exceeds the total amount of transfers
24 directed to the designated institution, the excess shall be
25 returned to the person to whom the refund is otherwise payable.
26 (d) Limitation on refund.--The amount of a refund paid upon
27 termination of the advance tuition payment contract by a person
28 who directs the trust pursuant to subsection (c) to transfer the
29 refund to an independent degree-granting college or university
30 located in this Commonwealth shall not be greater than the
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1 prevailing average tuition cost of State institutions of higher
2 education for the number of credit hours covered by the contract
3 on the date of termination.
4 Section 8. Advance Tuition Payment Fund.
5 (a) Source of funds.--There is created under the
6 jurisdiction and control of the board the Advance Tuition
7 Payment Fund. Payments received by the trust from purchasers on
8 behalf of qualified beneficiaries or from any other source,
9 public or private, shall be placed in the fund. The fund may be
10 divided into separate accounts.
11 (b) Priority for expending assets.--Unless otherwise
12 provided by resolution of the board, assets of the trust shall
13 be expended in the following order of priority:
14 (1) To make payments to State institutions of higher
15 education on behalf of qualified beneficiaries.
16 (2) To make refunds upon termination of an advance
17 tuition payment contract.
18 (3) To pay the costs of administration and organization
19 of the trust and the fund.
20 (c) Investment of assets.--Assets of the trust may be
21 invested in any instrument, obligation, security or property
22 considered appropriate by the trust and may be pooled for
23 investment purposes with investments of the Commonwealth,
24 including, but not limited to, Commonwealth pension funds, on
25 such terms and conditions as are agreeable to the trust.
26 Section 9. Board of directors.
27 (a) Members.--The board shall consist of the State Treasurer
28 and six other members with knowledge, skill and experience in
29 the academic, business or financial field, who shall be
30 appointed by the Governor, by and with the advice and consent of
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1 the Senate. Not more than two of the six appointed members of
2 the board shall be, during their term of office on the board,
3 either officials, appointees or employees of the Commonwealth.
4 Four of the six appointed members shall serve for fixed terms.
5 Of the four such members first appointed, two shall be appointed
6 for a term that expires December 31, 1987, and two shall be
7 appointed for a term that expires December 31, 1988. Upon
8 completion of each fixed term, a member shall be appointed for a
9 term of three years. A member shall serve until a successor is
10 appointed, and a vacancy shall be filled for the balance of the
11 unexpired term in the same manner as the original appointment.
12 The head of any Commonwealth department or agency who is a
13 designated member of or an appointee to the board may appoint a
14 deputy to serve as a voting member of the board in the absence
15 of the head of the department or agency. The Governor shall
16 designate one member of the board to serve as its chairperson.
17 The Governor shall appoint two members of the board to serve at
18 the pleasure of the Governor, one of whom shall be designated by
19 the Governor as the president and chief executive officer of the
20 trust and one of whom shall be designated by the Governor as the
21 vice president of the trust.
22 (b) Compensation and expenses.--Members of the board, other
23 than the president and vice president if they are not otherwise
24 employees of the Commonwealth, shall serve without compensation,
25 but shall receive reasonable reimbursement for actual and
26 necessary expenses.
27 (c) Delegation of authority.--The board may delegate to its
28 president, vice president or others such functions and authority
29 as the board considers necessary or appropriate. These functions
30 may include, but are not limited to, the oversight and
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1 supervision of employees of the trust.
2 (d) Quorum.--A majority of the members of the board serving
3 shall constitute a quorum for the transaction of business at a
4 meeting of the board, or the exercise of a power or function of
5 the trust, notwithstanding the existence of one or more
6 vacancies. Voting upon action taken by the board shall be
7 conducted by majority vote of the members present in person at a
8 meeting of the board, and, if authorized by the bylaws of the
9 board and when a quorum is present in person at the meeting, by
10 use of amplified telephonic equipment. The board shall meet at
11 the call of the chair and as may be provided in the bylaws of
12 the trust. Meetings of the board may be held anywhere within
13 this Commonwealth.
14 (e) Business to be conducted at public meeting.--The
15 business which the board may perform shall be conducted at a
16 public meeting of the board held in compliance with the act of
17 July 3, 1986 (P.L.388, No.84), known as the Sunshine Act.
18 (f) Writings to be public records.--A writing prepared,
19 owned, used, in the possession of or retained by the board in
20 the performance of an official function shall be a public record
21 open for examination and inspection under the act of June 21,
22 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
23 Section 10. Enumeration of board's powers.
24 In addition to the powers granted by other provisions of this
25 act, the board shall have the powers necessary or convenient to
26 carry out and effectuate the purposes, objectives and provisions
27 of this act, the purposes and objectives of the trust, and the
28 powers delegated by other laws or executive orders, including,
29 but not limited to, the power to:
30 (1) Invest any money of the trust, at the board's
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1 discretion, in any instruments, obligations, securities or
2 property determined proper by the board, and name and use
3 depositories for its money.
4 (2) Pay money to State institutions of higher education
5 from the trust.
6 (3) Impose reasonable residency requirements for
7 qualified beneficiaries.
8 (4) Impose reasonable limits on the number of
9 participants in the trust.
10 (5) Segregate contributions and payments to the trust
11 into various accounts and funds.
12 (6) Contract for goods and services, engage personnel as
13 is necessary, and engage the services of private consultants,
14 actuaries, managers, legal counsel and auditors for rendering
15 professional, management and technical assistance and advice,
16 payable out of any money of the trust.
17 (7) Solicit and accept gifts, grants, loans and other
18 aids from any person or the Federal, State or local
19 government, or any agency of the Federal, State or local
20 government, or participate in any other way in any Federal,
21 State or local government program.
22 (8) Charge, impose and collect administrative fees and
23 charges in connection with any transaction and provide for
24 reasonable penalties, including default, for delinquent
25 payment of fees or charges or for fraud.
26 (9) Procure insurance against any loss in connection
27 with the trust's property, assets or activities.
28 (10) Sue and be sued; have a seal and alter the same at
29 pleasure; have perpetual succession; make, execute and
30 deliver contracts, conveyances and other instruments
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1 necessary or convenient to the exercise of its powers; and
2 make and amend bylaws.
3 (11) Enter into contracts.
4 (12) Administer the funds of the trust.
5 (13) Indemnify or procure insurance indemnifying any
6 member of the board from personal loss or accountability from
7 liability resulting from a member's action or inaction as a
8 member of the board, including, but not limited to, liability
9 asserted by a person on any bonds or notes of the authority.
10 (14) Impose reasonable time limits on use of the tuition
11 benefits provided by the trust, if the limits are made a part
12 of the contract.
13 (15) Define the terms and conditions under which money
14 may be withdrawn from the trust, including, but not limited
15 to, reasonable charges and fees for any such withdrawal, if
16 the terms and conditions are made a part of the contract.
17 (16) Provide for receiving contributions in lump sums or
18 periodic sums.
19 (17) Establish policies, procedures and eligibility
20 criteria to implement this act.
21 Section 11. Accounting and audits of the trust.
22 The board shall annually prepare or cause to be prepared an
23 accounting of the trust and shall transmit a copy of the
24 accounting to the Governor, the Majority Leader of the Senate,
25 the Speaker of the House of Representatives and the respective
26 Minority Leaders of the Senate and the House of Representatives.
27 The board shall also make available the accounting of the trust
28 to the purchasers of the trust. The accounts of the board shall
29 be subject to annual audits by the Department of the Auditor
30 General or a certified public accountant appointed by the
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1 Auditor General.
2 Section 12. Administration of trust.
3 (a) Actuarial soundness required.--The trust shall be
4 administered in a manner reasonably designed to be actuarially
5 sound so that the assets of the trust will be sufficient to
6 defray the obligations of the trust. In the accounting of the
7 trust made pursuant to section 11, the trust board shall
8 annually evaluate or cause to be evaluated the actuarial
9 soundness of the trust and determine the additional assets
10 needed, if any, to defray the obligations of the trust. If there
11 are not funds sufficient to ensure the actuarial soundness of
12 the trust, the trust shall adjust payments of subsequent
13 purchases to ensure its actuarial soundness.
14 (b) Rulings on tax status.--Before entering into advance
15 tuition payment contracts with purchasers, the Commonwealth
16 shall solicit answers to appropriate ruling requests from the
17 Internal Revenue Service regarding the tax status of the value
18 received under the contract to the purchaser or qualified
19 beneficiary. No contracts shall be entered into without the
20 authority making known the status of the request.
21 (c) Rulings on security laws.--Before entering into advance
22 tuition payment contracts with purchasers, the Commonwealth
23 shall solicit answers to appropriate ruling requests from the
24 Federal Securities and Exchange Commission regarding the
25 application of Federal security laws to the trust. No contracts
26 shall be entered into without the authority making known the
27 status of the request.
28 Section 13. Enforcement of act.
29 State institutions of higher education, purchasers and
30 qualified beneficiaries may enforce this act and any contract
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1 entered into under this act in the Commonwealth Court.
2 Section 14. Exemption for State and local taxes.
3 The property of the trust and its income and operation shall
4 be exempt from all taxation by the Commonwealth or any of its
5 political subdivisions.
6 Section 15. Contracts for services.
7 The trust, in its discretion, may contract with others,
8 public or private, for the provision of all or a portion of the
9 services necessary for the management and operation of the
10 trust.
11 Section 16. Cooperation with private sector.
12 The trust shall also endeavor to work with private sector
13 investment managers and independent degree-granting colleges and
14 universities in this Commonwealth to study the feasibility of
15 instituting programs between these parties that insure full
16 tuition payment upon purchase of a prepayment plan with the
17 private college or university.
18 Section 17. Limitation on use of assets.
19 The assets of the trust shall be preserved, invested and
20 expended solely pursuant to and for the purposes set forth in
21 this act and shall not be loaned or otherwise transferred or
22 used by the Commonwealth for any purpose other than the purposes
23 of this act. This section shall not be construed to prohibit the
24 trust from investing in, by purchase or otherwise, bonds, notes
25 or other obligations of the Commonwealth, an agency of the
26 Commonwealth or an instrumentality of the Commonwealth.
27 Section 18. Admission not guaranteed.
28 Nothing in this act or in an advance tuition payment contract
29 entered into under this act shall be construed as a promise or
30 guarantee by the trust or the Commonwealth that a person will be
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1 admitted to a State institution of higher education or to a
2 particular State institution of higher education, will be
3 allowed to continue to attend a State institution of higher
4 education after having been admitted or will be graduated from a
5 State institution of higher education.
6 Section 19. Contract exempt from securities loan.
7 An advance tuition payment contract shall be exempt from the
8 act of December 5, 1972 (P.L.1280, No.284), known as the
9 Pennsylvania Securities Act of 1972.
10 Section 20. Sale of contract prohibited.
11 An advance tuition payment contract may not be sold or
12 otherwise transferred by the purchaser or qualified beneficiary
13 without the prior approval of the trust.
14 Section 21. Tax deduction.
15 The purchaser may deduct the amount of an advance tuition
16 payment from taxable income for purposes of the Pennsylvania
17 personal income tax in the tax year in which the payment is
18 made.
19 Section 22. Liberal construction.
20 This act shall be construed liberally to effectuate the
21 legislative intent and the purposes of this act, and as complete
22 and independent authority for the performance of each and every
23 act and thing authorized in this act, and all powers granted in
24 this act shall be broadly interpreted to effectuate such intent
25 and purposes and not as to limitation of powers.
26 Section 23. Severability.
27 The provisions of this act are severable. If any provision of
28 this act or its application to any person or circumstance is
29 held invalid, the invalidity shall not affect other provisions
30 or applications of this act which can be given effect without
19860H2831B4070 - 18 -
1 the invalid provision or application.
2 Section 24. Effective date.
3 This act shall take effect in 60 days.
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