reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 36 of 2002 - Career Development and Distance Learning Act (390.1571 - 390.1579) › Section 390.1572 - Definitions.

390.1572 Definitions.
Sec. 2.
As used in this act:
(a) "Administrator" means that term as defined in section 105 of the nonprofit act, MCL 450.2105.
(b) "Community college" means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or a federal tribally controlled community college that is recognized under the tribally controlled community college assistance act of 1978, Public Law 95-471, and is determined by the department of education to meet the requirements for accreditation by a recognized regional accrediting body.
(c) "Director" means the director of the department of career development or his or her designee.
(d) "Nonprofit act" means the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192.
(e) "Public school" means a local school district, a local act school district, a public school academy, a university school, or an intermediate school district established under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(f) "Registered distance learning corporation" means a distance learning corporation incorporated under the nonprofit act and registered under this act.
(g) "State public university" means a university described in section 4, 5, or 6 of article VIII of the state constitution of 1963.
History:
2002, Act 36, Imd. Eff. Mar. 7, 2002
Compiler's Notes:
For transfer of powers and duties of the director of the department of career development to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 36 of 2002 - Career Development and Distance Learning Act (390.1571 - 390.1579) › Section 390.1573 - Registered Distance Learning Corporation; Laws Applicable to Nonprofit Corporations; Tax Exemption; Registration.

390.1573 Registered distance learning corporation; laws applicable to nonprofit corporations; tax exemption; registration.
Sec. 3.
(1) A registered distance learning corporation is subject to the laws of this state applicable to nonprofit corporations, except as provided in this act.
(2) A registered distance learning corporation is a charitable and benevolent institution, and its funds and property are exempt from taxation by this state or any political subdivision of this state.
(3) A corporation shall not act as a registered distance learning corporation except as authorized by and pursuant to a registration issued by the director under this act.
History:
2002, Act 36, Imd. Eff. Mar. 7, 2002
Compiler's Notes:
For transfer of powers and duties of the director of the department of career development to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 36 of 2002 - Career Development and Distance Learning Act (390.1571 - 390.1579) › Section 390.1575 - Registration; Requirements.

390.1575 Registration; requirements.
Sec. 5.
(1) To apply for registration as a registered distance learning corporation, a corporation shall file all of the following with the director:
(a) A copy of the articles of incorporation of the corporation, certified by the administrator.
(b) The certificate of the attorney general required under section 4(2). This requirement is waived if the corporation submitted the articles of incorporation under section 4(2) and the attorney general does not act under section 4(2) to certify the articles within 60 days.
(c) A general plan of the proposed activities of the corporation.
(d) A copy of the financial statements of the corporation.
(e) A copy of the bylaws of the corporation.
(2) The director shall examine the documents filed under subsection (1), may conduct any investigation which he or she considers necessary, may request additional oral and written information from the corporation, and may examine under oath any persons interested in or connected with the distance learning corporation seeking registration.
(3) The director shall register a corporation as a registered distance learning corporation if all of the following are met:
(a) The documents filed under subsection (1) are in proper form.
(b) The articles of incorporation of the corporation contain the provisions required under section 4.
(c) The corporation has been in existence for distance learning purposes for 3 years or more at the time it applies for registration.
(d) The internal revenue service has determined that the corporation is exempt from taxation under section 501(c)(3) of the internal revenue code of 1986.
(4) If the director registers a corporation as a registered distance learning corporation under subsection (3), the director shall do both of the following:
(a) Return to the corporation 1 copy of the articles of incorporation, certified that the corporation is a registered distance learning corporation.
(b) Deliver to the administrator a certificate that the corporation is a registered distance learning corporation.
History:
2002, Act 36, Imd. Eff. Mar. 7, 2002
Compiler's Notes:
For transfer of powers and duties of the director of the department of career development to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 36 of 2002 - Career Development and Distance Learning Act (390.1571 - 390.1579) › Section 390.1576 - Acquiring, Holding, and Disposing Funds and Property.

390.1576 Acquiring, holding, and disposing funds and property.
Sec. 6.
A registered distance learning corporation shall acquire, hold, and dispose of its funds and property only for the lawful purposes of the corporation and for the benefit of the public. A registered distance learning corporation shall conduct its activities, including acquiring, holding, and disposing of funds and property, in a manner within the scope of the purposes of the corporation as specifically set forth in its articles and consistent with this act.
History:
2002, Act 36, Imd. Eff. Mar. 7, 2002
Compiler's Notes:
For transfer of powers and duties of the director of the department of career development to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 36 of 2002 - Career Development and Distance Learning Act (390.1571 - 390.1579) › Section 390.1578 - Complaint Alleging Violation of Act; Hearing; Determination; Cease and Desist Order; Actions.

390.1578 Complaint alleging violation of act; hearing; determination; cease and desist order; actions.
Sec. 8.
(1) If a sworn complaint alleging a violation of this act by a registered distance learning corporation is filed with the director, the director may hold a hearing to consider the alleged violation of this act.
(2) If the director after a hearing determines that the registered distance learning corporation is violating or has violated this act, the director shall reduce his or her findings and decision to writing and shall issue and serve upon the corporation a copy of the findings and an order requiring the corporation to cease and desist from engaging in the prohibited activity.
(3) If a registered distance learning corporation violates a cease and desist order of the director issued under subsection (2), the director after notice and an opportunity for a hearing may by order revoke the registration of the corporation under this act. However, if the corporation shows by a preponderance of the evidence that the prohibited activity described in the cease and desist order resulted from a bona fide error that violated a policy or procedure of the corporation intended to prevent that error, the director shall not revoke the registration but may require that the corporation take specified remedial action. The corporation shall comply with any remedial action that the director requires.
(4) After notice and an opportunity for hearing, the director at any time may by order reopen and alter, modify, or set aside, all or part of an order issued by him or her under this section, if in his or her opinion conditions of fact or of law have so changed as to require that action or if the public interest requires that action.
History:
2002, Act 36, Imd. Eff. Mar. 7, 2002
Compiler's Notes:
For transfer of powers and duties of the director of the department of career development to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 36 of 2002 - Career Development and Distance Learning Act (390.1571 - 390.1579) › Section 390.1579 - Confidentiality of Information.

390.1579 Confidentiality of information.
Sec. 9.
(1) To ensure the confidentiality of records containing personal data associated with identifiable individuals, a registered distance learning corporation shall use reasonable care to secure these records from unauthorized access and to collect only personal data that is necessary for the proper operation of the corporation.
(2) A registered distance learning corporation shall adopt appropriate practices and procedures concerning confidential information in compliance with applicable law.
(3) A registered distance learning corporation may enter into agreements with public and private persons to protect trade secrets, tests and test scores, proprietary information, and other information the disclosure of which would jeopardize the privacy or property rights of another person. Information subject to an agreement under this subsection in the possession of a public body is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
2002, Act 36, Imd. Eff. Mar. 7, 2002
Compiler's Notes:
For transfer of powers and duties of the director of the department of career development to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 500 of 2004 - Pregnant and Parenting Student Services Act (390.1591 - 390.1596) › Section 390.1591 - Short Title.

390.1591 Short title.
Sec. 1.
This act shall be known and may be cited as the "pregnant and parenting student services act".
History:
2004, Act 500, Eff. Mar. 30, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 500 of 2004 - Pregnant and Parenting Student Services Act (390.1591 - 390.1596) › Section 390.1592 - Definitions.

390.1592 Definitions.
Sec. 2.
As used in this act:
(a) "Department" means the department of community health.
(b) "Fund" means the pregnant and parenting student services fund created in section 3.
(c) "Institution of higher education" means a degree or certificate granting public or private college or university, junior college, or community college in this state.
(d) "Office" means a pregnant and parenting student services office established and operated by an institution of higher education and described in section 5.
History:
2004, Act 500, Eff. Mar. 30, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 500 of 2004 - Pregnant and Parenting Student Services Act (390.1591 - 390.1596) › Section 390.1593 - Pregnant and Parenting Services Fund; Establishment; Funding Sources; Interest and Earnings; Investment; Disbursements.

390.1593 Pregnant and parenting services fund; establishment; funding sources; interest and earnings; investment; disbursements.
Sec. 3.
(1) The pregnant and parenting student services fund is established in the department of treasury. The fund shall consist of money allocated, donated, or paid to the fund from any source and interest and earnings from fund investments.
(2) The state treasurer shall direct the investment of the fund.
(3) Money in the fund at the close of a fiscal year shall remain in the fund and shall not revert to the general fund.
(4) Money in the fund shall be disbursed for grants under this act and the administrative costs of the department and the department of treasury in implementing and administering this act.
(5) The state treasurer shall make a grant from the fund to an institution of higher education upon receipt of a written notice from the department under section 4.
History:
2004, Act 500, Eff. Mar. 30, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 500 of 2004 - Pregnant and Parenting Student Services Act (390.1591 - 390.1596) › Section 390.1594 - Grant Eligibility; Limitation; Notice to State Treasurer.

390.1594 Grant eligibility; limitation; notice to state treasurer.
Sec. 4.
(1) An institution of higher education that has established and operates or agrees to establish and operate an office that meets the requirements of section 5 is eligible for and may receive a grant under subsection (2). The department may establish the form or format of the grant application, and the department may require that an institution of higher education provide additional information after the department has reviewed its grant application.
(2) The department may award a grant to 1 or more institutions of higher education eligible under subsection (1), but the department shall not award more than 4 grants, for pilot programs, during the first year after the effective date of this act. The department shall determine which, and how many, eligible institutions of higher education shall receive a grant to establish and operate an office.
(3) If the department awards a grant under this section, it shall provide a written notice to the state treasurer that contains the name of the institution of higher education receiving the grant and the amount of the grant and requests payment of the grant amount from the fund.
History:
2004, Act 500, Eff. Mar. 30, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 500 of 2004 - Pregnant and Parenting Student Services Act (390.1591 - 390.1596) › Section 390.1595 - Establishment and Operation of Office; Criteria and Standards; Report.

390.1595 Establishment and operation of office; criteria and standards; report.
Sec. 5.
(1) An institution of higher education may establish and operate a pregnant and parenting student services office. An office shall meet all of the following:
(a) Be located on the campus of the institution of higher education.
(b) Annually assess the performance of the institution and the office in meeting the following needs of students on campus who are pregnant or who are a custodial parent or legal guardian of a minor:
(i) Comprehensive student health care.
(ii) Family housing.
(iii) Child care.
(iv) Flexible or alternative academic scheduling.
(v) Education concerning responsible parenting for mothers and fathers.
(c) Identify public and private service providers qualified to meet the needs described in subdivision (b), both on campus and within the local community, and establish programs with qualified providers it selects to meet those needs.
(d) Assist students in locating and obtaining services that meet 1 or more of the needs described in subdivision (b).
(e) If appropriate, provide referrals on prenatal care and delivery, infant or foster care, or adoption, and on family planning, to individual students who request that information.
(f) By the date determined by the department, provide the department with an annual report that itemizes the office's expenditures during the preceding fiscal year and contains a review and evaluation of the performance of the office in fulfilling its obligations under this subsection.
(2) The department shall identify specific performance criteria and standards that the office shall use in preparing the annual report required under subsection (1). The department may establish the form or format of the report. The department may require that an office provide additional information after it has reviewed the report.
History:
2004, Act 500, Eff. Mar. 30, 2005 ;-- Am. 2023, Act 207, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 500 of 2004 - Pregnant and Parenting Student Services Act (390.1591 - 390.1596) › Section 390.1596 - Rules.

390.1596 Rules.
Sec. 6.
The department may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement and administer this act.
History:
2004, Act 500, Eff. Mar. 30, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 100 of 2005 - Authentic Credentials in Education Act (390.1601 - 390.1605) › Section 390.1601 - Short Title.

390.1601 Short title.
Sec. 1.
This act shall be known and may be cited as the "authentic credentials in education act".
History:
2005, Act 100, Imd. Eff. July 22, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 100 of 2005 - Authentic Credentials in Education Act (390.1601 - 390.1605) › Section 390.1602 - Definitions.

390.1602 Definitions.
Sec. 2.
As used in this act:
(a) "Academic credential" means a degree or a diploma, transcript, educational or completion certificate, or similar document that indicates completion of a program of study or instruction or completion of 1 or more courses at an institution of higher education or the grant of an associate, bachelor, master, or doctoral degree.
(b) "False academic credential" means an academic credential issued or manufactured by a person that is not a qualified institution.
(c) "Qualified institution" means any of the following:
(i) An institution of higher education, as that term is defined in 20 USC 1001, located in the United States.
(ii) Any other institution of higher education authorized to do business in this state.
History:
2005, Act 100, Imd. Eff. July 22, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 100 of 2005 - Authentic Credentials in Education Act (390.1601 - 390.1605) › Section 390.1603 - False Academic Credential; Issuance or Manufacture Prohibited.

390.1603 False academic credential; issuance or manufacture prohibited.
Sec. 3.
A person shall not knowingly issue or manufacture a false academic credential in this state.
History:
2005, Act 100, Imd. Eff. July 22, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 100 of 2005 - Authentic Credentials in Education Act (390.1601 - 390.1605) › Section 390.1604 - False Academic Credential; Use Prohibited.

390.1604 False academic credential; use prohibited.
Sec. 4.
(1) An individual shall not knowingly use a false academic credential to obtain employment; to obtain a promotion or higher compensation in employment; to obtain admission to a qualified institution; or in connection with any loan, business, trade, profession, or occupation.
(2) An individual who does not have an academic credential shall not knowingly use or claim to have that academic credential to obtain employment or a promotion or higher compensation in employment; to obtain admission to a qualified institution; or in connection with any loan, business, trade, profession, or occupation.
History:
2005, Act 100, Imd. Eff. July 22, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 100 of 2005 - Authentic Credentials in Education Act (390.1601 - 390.1605) › Section 390.1605 - Violation; Civil Action; Damages.

390.1605 Violation; civil action; damages.
Sec. 5.
A person damaged by a violation of this act may bring a civil action and may recover costs, reasonable attorney fees, and the greater of either the person's actual damages or $100,000.00.
History:
2005, Act 100, Imd. Eff. July 22, 2005
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 479 of 2006 - Michigan Promise Grant Act (390.1621 - 390.1628) › Section 390.1621 - Short Title.

390.1621 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan promise grant act".
History:
2006, Act 479, Imd. Eff. Dec. 21, 2006
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 479 of 2006 - Michigan Promise Grant Act (390.1621 - 390.1628) › Section 390.1623 - Report to Governor and Legislative Standing Committees; Contents.

390.1623 Report to governor and legislative standing committees; contents.
Sec. 3.
By April 1 of each year, the department shall submit a report on its activities under this act to the governor and to the standing committees of the senate and house of representatives with primary jurisdiction over higher education issues. The report shall contain all of the following information:
(a) The number of Michigan promise grants and the amount of Michigan promise grant money paid by the department in the immediately preceding fiscal year.
(b) A list of the number of Michigan promise grants and the amount of Michigan promise grant money paid in the immediately preceding fiscal year at each approved postsecondary educational institution.
History:
2006, Act 479, Imd. Eff. Dec. 21, 2006
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 479 of 2006 - Michigan Promise Grant Act (390.1621 - 390.1628) › Section 390.1625 - Grant Amount; Prorated Amount; Adjustment.

390.1625 Grant amount; prorated amount; adjustment.
Sec. 5.
(1) Subject to proration under subsection (2) and adjustment under subsection (3), a student who meets the eligibility requirement of section 4(3)(c)(i) and the other applicable eligibility requirements under section 4 shall receive a Michigan promise grant in the amount of $4,000.00.
(2) If a student satisfies the eligibility requirement contained in section 4(3)(c) by completing a vocational training program that as determined by the department generally requires less than 2 years or fewer than 1,800 clock hours, as applicable, to complete, the student shall receive a prorated amount of the amount described in subsection (1) that reflects the number of clock hours necessary to complete the program, as determined by the department.
(3) If in any fiscal year the department determines that the amount appropriated by the legislature for the payment of Michigan promise grants is not sufficient to pay each eligible student the Michigan promise grant amount required under this section for an academic year, the department shall adjust the amount of Michigan promise grants paid under this section by prorating the amounts as necessary to reflect the available resources and amounts appropriated in that fiscal year. The department shall notify the governor, the speaker of the house of representatives, and the majority leader of the senate in writing at least 30 days before implementing a proration under this subsection.
History:
2006, Act 479, Imd. Eff. Dec. 21, 2006
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 479 of 2006 - Michigan Promise Grant Act (390.1621 - 390.1628) › Section 390.1627 - Application; Manner and Form; Certification; Effect of Grant on Eligibility for Financial Aid.

390.1627 Application; manner and form; certification; effect of grant on eligibility for financial aid.
Sec. 7.
(1) The department shall determine the manner and form of application to receive a Michigan promise grant under section 5 or a grant installment under section 6.
(2) A student shall include a written certification to the department in his or her application to receive a Michigan promise grant under section 5 that contains both of the following:
(a) His or her certification that he or she was awarded an associate's degree or a 2-year certificate of completion in a vocational education program, completed a comparable vocational training program approved by the department, or completed 50% or more of the academic requirements in a bachelor's degree program at an approved postsecondary educational institution.
(b) The name of the approved postsecondary educational institution at which the student was awarded the associate's degree or 2-year certificate of completion in a vocational education program, completed the comparable vocational training program approved by the department, or completed 50% or more of the academic requirements in a bachelor's degree program and the name of any other approved postsecondary educational institution the student attended if credits from that institution were transferred to and considered by the approved postsecondary educational institution in determining whether to award the student the associate's degree or 2-year certificate of completion in a vocational training program, whether the student had completed a comparable vocational education program, or whether the student had completed 50% or more of the academic requirements for the award of a bachelor's degree.
(3) A student shall include a written certification to the department in his or her application to receive a Michigan promise grant installment payment under section 6 that contains both of the following:
(a) His or her certification that he or she meets the requirements of section 4(3)(c)(ii).
(b) His or her certification that he or she is enrolled in an approved postsecondary educational institution and the name of the approved postsecondary educational institution.
(4) An approved postsecondary educational institution shall not consider a Michigan promise grant in determining a student's eligibility for a financial aid program administered by this state. It is the intent of the legislature that an approved postsecondary educational institution does not reduce other institutionally funded student aid for which a student is eligible because of the student's receipt of or eligibility for a Michigan promise grant.
History:
2006, Act 479, Imd. Eff. Dec. 21, 2006
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 479 of 2006 - Michigan Promise Grant Act (390.1621 - 390.1628) › Section 390.1628 - Disbursements to Approved Postsecondary Institution; Application of Money to Student's Outstanding Indebtedness and Remaining Balance; Rules.

390.1628 Disbursements to approved postsecondary institution; application of money to student's outstanding indebtedness and remaining balance; rules.
Sec. 8.
(1) The department shall disburse Michigan promise grant money to an approved postsecondary institution on the student's behalf in the following state fiscal years, according to a payment procedure established by the department:
(a) For a Michigan promise grant under section 5 or a Michigan promise grant installment under section 6(2)(c), in the state fiscal year that begins on the first October 1 following the end of the academic year in which the student is eligible for that grant or installment.
(b) For a Michigan promise grant installment under section 6(2)(a) or (b) or a Michigan promise grant under section 6(3), in the state fiscal year that begins on October 1 in the academic year in which the student is eligible for that installment or grant.
(2) An approved postsecondary educational institution shall apply money received under subsection (1) on a student's behalf to the student's outstanding indebtedness, if any, and pay the remaining balance as follows:
(a) Unless subdivision (b) applies, to the student.
(b) If the money received by the institution under this subsection is a grant installment under section 6(2)(a) or (b) and the student elects to leave an approved postsecondary educational institution without completing the classes in which he or she enrolled, to the department. The student has no further right to any money returned to the department under this subdivision.
(3) Subsection (2) shall not be considered as creating an obligation on the part of an approved postsecondary educational institution to loan or advance money to a student for the payment of tuition, fees, or other costs or expenses incurred by the student at that institution.
(4) The department may promulgate rules to implement and administer this act, including, but not limited to, 1 or more of the following:
(a) Rules establishing the department's administrative procedures for the Michigan promise grant program.
(b) Rules governing the qualification requirements for or the award of Michigan promise grants under this act.
(c) Rules establishing an appeals process from a determination of ineligibility for a Michigan promise grant.
(d) Rules establishing what information or reports a student or an approved postsecondary educational institution must provide to establish eligibility and when that information or those reports must be provided.
(e) Rules prescribing the reports to be made by a student awarded a Michigan promise grant and by an approved postsecondary educational institution to which a Michigan promise grant is paid.
History:
2006, Act 479, Imd. Eff. Dec. 21, 2006 ;-- Am. 2007, Act 42, Imd. Eff. July 13, 2007
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Repealed - Act 550 of 2008 - Michigan Promise Zone Act (390.1641 - 390.1649)

MICHIGAN PROMISE ZONE ACT
Act 550 of 2008
390.1641-390.1649 Repealed. 2016, Act 9, Imd. Eff. Feb. 16, 2016.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 549 of 2008 - Michigan Promise Zone Authority Act (390.1661 - 390.1679) › Section 390.1661 - Short Title.

390.1661 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan promise zone authority act".
History:
2008, Act 549, Imd. Eff. Jan. 13, 2009
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 549 of 2008 - Michigan Promise Zone Authority Act (390.1661 - 390.1679) › Section 390.1664a - Ineligible Entity; Revenue Capture From State Education Tax.

390.1664a Ineligible entity; revenue capture from state education tax.
Sec. 4a.
(1) A city, township, county, local school district, or intermediate school district that is not an eligible entity may create a promise zone under this act but shall not capture revenue from the state education tax under this act. The governing body of a city, township, county, local school district, or intermediate school district that is not an eligible entity shall not be considered under section 4 in determining the number of governing bodies of eligible entities eligible to establish a promise zone under this act.
(2) This section shall not prevent an eligible entity located within a city, township, county, local school district, or intermediate school district that is not an eligible entity from creating a promise zone under this act and capturing revenue from the state education tax under this act.
History:
Add. 2016, Act 9, Imd. Eff. Feb. 16, 2016
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 549 of 2008 - Michigan Promise Zone Authority Act (390.1661 - 390.1679) › Section 390.1669 - Cause of Action Not Created.

390.1669 Cause of action not created.
Sec. 9.
(1) The establishment of a promise zone does not create a cause of action in law or in equity against this state, an eligible entity, or a promise zone authority.
(2) The establishment of a promise zone development plan does not create a cause of action in law or in equity against this state, an eligible entity, or a promise zone authority, if the proposed promise of financial assistance set forth in the promise zone development plan is not paid to an eligible student.
History:
2008, Act 549, Imd. Eff. Jan. 13, 2009 ;-- Am. 2016, Act 9, Imd. Eff. Feb. 16, 2016
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 549 of 2008 - Michigan Promise Zone Authority Act (390.1661 - 390.1679) › Section 390.1673 - Board; Powers.

390.1673 Board; powers.
Sec. 13.
The board may do any of the following:
(a) Prepare an analysis of the postsecondary educational opportunities for the residents of the promise zone.
(b) Study and analyze the need for financial resources to provide postsecondary educational opportunities for residents of the promise zone.
(c) Acquire by purchase or otherwise, on terms and conditions and in a manner the authority considers proper, or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests in the property, that the authority determines is reasonably necessary to achieve the purposes of this act, and grant or acquire licenses, easements, and options.
(d) Fix, charge, and collect fees, rents, and charges for the use of any facility, building, or property under its control or any part of the facility, building, or property.
(e) Lease, in whole or in part, any facility, building, or property under its control.
(f) Solicit and accept grants and donations of money, property, labor, or other things of value from a public or private source.
History:
2008, Act 549, Imd. Eff. Jan. 13, 2009
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 549 of 2008 - Michigan Promise Zone Authority Act (390.1661 - 390.1679) › Section 390.1675 - Budget.

390.1675 Budget.
Sec. 15.
(1) The board shall adopt a budget for the operation of the authority for each fiscal year, before the beginning of that fiscal year, based on a budget submitted to it by the director. The budget shall be prepared in the manner and contain the information required of municipal departments. Unless authorized by the governing body, the budget of an authority shall not include any money of the eligible entity.
(2) The budget described in subsection (1) shall include the amount the authority intends to disburse to each eligible student in the fiscal year covered by the budget. Subject to the maximum amounts described in section 7(2)(a), the board shall establish the amount of the annual payment to eligible students and, in making that determination, shall consider the financial resources available to the authority for disbursement to those students.
History:
2008, Act 549, Imd. Eff. Jan. 13, 2009 ;-- Am. 2013, Act 210, Imd. Eff. Dec. 23, 2013
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 549 of 2008 - Michigan Promise Zone Authority Act (390.1661 - 390.1679) › Section 390.1677 - Capture of State Education Tax; Determination of Base Year; Payments.

390.1677 Capture of state education tax; determination of base year; payments.
Sec. 17.
(1) The authority shall determine the base year for calculating the amount of incremental growth for the capture of the state education tax as provided in this section. The base year is the amount of revenue received from the collection of the state education tax in the promise zone in the year immediately preceding the year in which an authority makes its initial payment of qualified educational expenses in accordance with the promise of financial assistance or the amount of revenue received from the collection of the state education tax in the promise zone in any 1 of the 5 immediately succeeding years, whichever is less.
(2) If the authority continues to make annual payments in accordance with the promise of financial assistance, in the year immediately succeeding the base year determined in subsection (1) and each year thereafter, this state shall capture 1/2 of the increase in revenue, if any, from the collection of the state education tax. This state shall not capture any revenue from the collection of the state education tax under this act if that revenue is subject to capture under any other law of this state. Proceeds from the capture of the state education tax under this section shall be deposited in the state treasury and credited to a restricted fund to be used solely for the purposes of this act.
(3) If the authority continues to make annual payments of qualified educational expenses in accordance with the promise of financial assistance, 2 years after the authority's initial payment of financial assistance and each year thereafter, this state shall pay to the authority the state education tax captured under subsection (2). If the boundaries of 2 or more promise zones created under this act overlap, payments under this section shall only be made to the first authority eligible for payment under this subsection. If the boundaries of a promise zone are changed by merger or otherwise, the department of treasury may adjust the calculation of the tax revenue capture under this section to reflect that change.
(4) If at any time the authority does not make annual payments of qualified educational expenses in accordance with the promise for financial assistance, any amount captured from that promise zone in the restricted fund created under subsection (2) shall be paid into the school aid fund established in section 11 of article IX of the state constitution of 1963.
(5) For purposes of this section, payments under this section shall not be included in determining payments for financial assistance in the immediately preceding year.
History:
2008, Act 549, Imd. Eff. Jan. 13, 2009 ;-- Am. 2013, Act 210, Imd. Eff. Dec. 23, 2013 ;-- Am. 2016, Act 9, Imd. Eff. Feb. 16, 2016
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 549 of 2008 - Michigan Promise Zone Authority Act (390.1661 - 390.1679) › Section 390.1679 - Department of Treasury; Assumption of Operational Control; Dissolution; Resolution; Use of Remaining Property and Assets.

390.1679 Department of treasury; assumption of operational control; dissolution; resolution; use of remaining property and assets.
Sec. 19.
(1) The department of treasury shall oversee the operations of any promise zone authority or board created under this act. If the department of treasury determines that the actions of a promise zone authority or board are not in accordance with the promise zone development plan, the department of treasury may assume operational control of that promise zone authority or board. If a promise zone authority does not begin making annual payments of qualified educational expenses in accordance with the promise of financial assistance within 2 years of obtaining approval of its promise zone development plan under section 7, the department may dissolve the promise zone.
(2) An authority that has completed the purposes for which it was organized shall be dissolved by resolution of the governing body. The property and assets of the authority remaining after the satisfaction of the obligations of the authority belong to the eligible entity and shall be used solely for purposes of promoting access to postsecondary education pursuant to resolution of the governing body of the eligible entity.
History:
2008, Act 549, Imd. Eff. Jan. 13, 2009 ;-- Am. 2016, Act 9, Imd. Eff. Feb. 16, 2016
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 45 of 2015 - Higher Education Authorization and Distance Education Reciprocal Exchange Act (390.1691 - 390.1697) › Section 390.1691 - Short Title.

***** 390.1691 THIS SECTION IS REPEALED BY ACT 127 OF 2023 EFFECTIVE SEPTEMBER 30, 2029 *****
390.1691 Short title.
Sec. 1.
This act shall be known and may be cited as the "higher education authorization and distance education reciprocal exchange act".
History:
2015, Act 45, Imd. Eff. June 9, 2015
Compiler's Notes:
For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 45 of 2015 - Higher Education Authorization and Distance Education Reciprocal Exchange Act (390.1691 - 390.1697) › Section 390.1692 - Definitions.

***** 390.1692 THIS SECTION IS REPEALED BY ACT 127 OF 2023 EFFECTIVE SEPTEMBER 30, 2029 *****
390.1692 Definitions.
Sec. 2.
As used in this act:
(a) "Accredited" means approved by an accrediting body recognized by the United States Department of Education.
(b) "Authorization" means either of the following:
(i) An authorization from the department under section 4(1) to participate in a reciprocal agreement.
(ii) An authorization from the department under section 4(3) to provide distance education to residents of this state issued to a college or university that is located in another state and is not a party to a reciprocal agreement.
(c) "College or university" means a degree or certificate granting public or private college or university, junior college, or community college.
(d) "Department" means the department of licensing and regulatory affairs.
(e) "Distance education" means education that uses 1 or more technologies to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between the students and the instructor, either synchronously or asynchronously. As used in this subdivision, "technologies" may include any of the following:
(i) The Internet.
(ii) One-way and 2-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices.
(iii) Audio conferencing.
(iv) Video cassettes, DVDs, and CD-ROMs, if the cassettes, DVDs, or CD-ROMs are used in a course in conjunction with any of the technologies described in subparagraph (i), (ii), or (iii).
(f) "Participating college" means a college or university that is located in this state; elects to participate in a reciprocal agreement under this act; and meets the requirements of section 4.
(g) "Reciprocal agreement" means an agreement between this state and a higher education compact or 1 or more other states that allows participating colleges to provide distance education to residents of this state and other member states under this act.
History:
2015, Act 45, Imd. Eff. June 9, 2015
Compiler's Notes:
For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 45 of 2015 - Higher Education Authorization and Distance Education Reciprocal Exchange Act (390.1691 - 390.1697) › Section 390.1693 - Reciprocal Agreements With Public Education Agencies in Other States or Higher Education Compact; Rules.

***** 390.1693 THIS SECTION IS REPEALED BY ACT 127 OF 2023 EFFECTIVE SEPTEMBER 30, 2029 *****
390.1693 Reciprocal agreements with public education agencies in other states or higher education compact; rules.
Sec. 3.
(1) The department may on behalf of this state enter into reciprocal agreements with public educational agencies in other states or a higher education compact.
(2) The department may promulgate rules it considers necessary to implement, administer, and enforce this act. The department shall promulgate these rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
2015, Act 45, Imd. Eff. June 9, 2015
Compiler's Notes:
For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 45 of 2015 - Higher Education Authorization and Distance Education Reciprocal Exchange Act (390.1691 - 390.1697) › Section 390.1695 - Assurance That Student Will Receive Services for Which Payment Is Made; Compensation for Services Not Received; Rules; Protection of Student Records; Complaint; Standards of Practice.

***** 390.1695 THIS SECTION IS REPEALED BY ACT 127 OF 2023 EFFECTIVE SEPTEMBER 30, 2029 *****
390.1695 Assurance that student will receive services for which payment is made; compensation for services not received; rules; protection of student records; complaint; standards of practice.
Sec. 5.
(1) Each participating college and each out-of-state college or university that holds an authorization from the department under section 4(3) shall assure that each student enrolled in a distance education program at that participating college or out-of-state college or university receives the services for which he or she has paid, or receives reasonable financial compensation for those services he or she has not received if a course in which he or she is enrolled is terminated before the expected completion date of that course. This assurance shall be in writing and may include tuition assurance funds, surety bonds, teach-out provisions, or other practices considered sufficient to protect consumers by the department. The department may promulgate rules for the administration of this subsection, including the development of forms it considers appropriate.
(2) Each participating college and each out-of-state college or university that holds an authorization from the department under section 4(3) shall provide for the protection of student records for students enrolled in a distance education program at that participating college or out-of-state college or university and shall comply with any rules promulgated by the department concerning the protection of those student records.
(3) Each participating college and each out-of-state college or university that holds an authorization from the department under section 4(3) shall adopt and publish a written policy that allows students enrolled in a distance education program at that participating college or out-of-state college or university to file a complaint with the department for any violation of this act or rules promulgated under this act. The department shall establish a complaint process for those students.
(4) Each participating college and each out-of-state college or university that holds an authorization from the department under section 4(3) shall meet the standards of practice contained in the interregional guidelines for the evaluation of distance education, published by the Council of Regional Accrediting Commissions in July of 2009, which are incorporated by reference.
History:
2015, Act 45, Imd. Eff. June 9, 2015
Compiler's Notes:
For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 390 - Universities and Colleges › Act 45 of 2015 - Higher Education Authorization and Distance Education Reciprocal Exchange Act (390.1691 - 390.1697) › Section 390.1696 - Violation of Act, Rule, or Order; Duties of Department; Administrative Fine; Limitation.

***** 390.1696 THIS SECTION IS REPEALED BY ACT 127 OF 2023 EFFECTIVE SEPTEMBER 30, 2029 *****
390.1696 Violation of act, rule, or order; duties of department; administrative fine; limitation.
Sec. 6.
(1) After notice and opportunity for hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department shall do 1 or more of the following if it determines that a participating college that holds an authorization from the department under section 4(1), or an out-of-state college or university that holds an authorization from the department under section 4(3), has violated this act, a rule promulgated under this act, or an order issued under this act:
(a) Place a limitation on the authorization.
(b) Suspend the authorization.
(c) Deny an authorization or renewal of the authorization.
(d) Revoke the authorization.
(e) Assess an administrative fine under subsection (2).
(f) Order restitution to an aggrieved student who participated or is participating in a distance education program.
(g) Impose any other sanction established by the department by rule.
(2) The department may assess an administrative fine of not more than $1,000.00, plus the department's actual costs of the investigation, for a violation of this act or rules promulgated under this act. However, the department may not assess administrative fines under this subsection against a college or university that in the aggregate are more than $5,000.00 for multiple violations of this act or rules promulgated under this act that arise from the same transaction.
History:
2015, Act 45, Imd. Eff. June 9, 2015
Compiler's Notes:
For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.