2023 Michigan Compiled Laws › Chapter 388 - Schools and School Aid › Act 94 of 1979 - The State School Aid Act of 1979 (388.1601 - 388.1897l) › Article II - State Aid to Community Colleges (388.1801...388.1830a) › Section 388.1816d - Certification of Planning or Construction Authorization for a Capital Outlay Project; Payments Subject to Compliance.

388.1816d Certification of planning or construction authorization for a capital outlay project; payments subject to compliance.
Sec. 216d.
(1) Each community college receiving an appropriation in section 201 must certify to the state budget director that it either did or did not receive a planning or construction authorization for a capital outlay project between January 1, 2023 and March 1, 2024. Each community college that certifies that it did receive a planning or construction authorization for a capital outlay project between January 1, 2023 and March 1, 2024 must do 1 of the following:
(a) Remit to the state treasurer an amount equal to the amount of the grant that community college received under section 216c.
(b) Provide a written agreement to the state budget director to have the sum total of monthly payments under section 206 for the remainder of the fiscal year ending September 30, 2024 for that community college reduced by an amount equal to the amount of the grant the community college received under section 216c. The state treasurer shall reduce each of the remaining payments for that community college under section 206 by an amount equal to the amount that community college received under section 216c divided by the number of payments under section 206 remaining in the fiscal year, beginning with the next payment following receipt of the written agreement under this subdivision.
(2) For the purpose of determining whether a community college must remit payment or agree to proration under subsection (1), an adjustment in the cost or scope of a capital outlay project originally authorized prior to January 1, 2023 is not considered to be a planning or construction authorization.
(3) The state budget director shall withhold the monthly payment under section 206 of each community college that does not comply with subsection (1) until that community college is found to be in compliance with subsection (1).
(4) Once the state budget director has determined that each community college is in compliance with subsection (1), an amount equal to the sum total of all payments received under subsection (1)(a) and the amounts prorated under subsection (1)(b) must be distributed to the community colleges that certified that they did not receive a capital outlay appropriation under subsection (1). The payment for each community college must be calculated based on each community college's respective share of total fiscal year equated students as reported to the Michigan community college data inventory for the fiscal year ending September 30, 2022 for all community colleges that receive a payment under this subsection. Payments to community colleges under this subsection must be distributed in 1 lump sum to each community college with the payment described in section 206 that occurs in the month following the date the state budget director determines that each community college has complied with subsection (1).
(5) Payments under subsection (4) may be used only for the purposes described in section 216c(1).
(6) This section does not apply if the amendatory act that added this section takes effect prior to January 1, 2024.
History:
Add. 2023, Act 320, Eff. Feb. 13, 2024