SENATE BILL No. 836

 

 

October 20, 2005, Introduced by Senators BROWN, SWITALSKI, GEORGE, TOY and BIRKHOLZ and referred to the Committee on Appropriations.

 

 

 

     A bill to establish an educational scholarship program for

 

eligible resident students enrolled in certain nursing faculty

 

programs; to prescribe conditions for repayment of the

 

scholarships; to provide for the administration of the nursing

 

faculty scholarship program; and to prescribe certain powers and

 

duties of certain state officers, agencies, and departments.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"nursing faculty scholarship act".

 

     Sec. 3. As used in this act:

 

     (a) "Authority" means the Michigan higher education assistance

 

authority created by 1960 PA 77, MCL 390.951 to 390.961.

 

     (b) "Eligible costs" means tuition and fees charged by an

 

eligible institution; related costs for room, board, books,

 

supplies, transportation, or day care; and other reasonable living


 

expenses that the authority determines are appropriate for a

 

student in a nursing faculty program.

 

     (c) "Eligible employment" means teaching in a nursing program

 

at an eligible institution.

 

     (d) "Eligible institution" means a degree or certificate

 

granting public or independent nonprofit college or university,

 

junior college, or community college in this state.

 

     (e) "Nursing faculty program" means a graduate school of

 

nursing, or a program at a graduate school of teaching that focuses

 

on preparing faculty for nursing programs, approved by the Michigan

 

board of nursing and operated by an eligible institution.

 

     (f) "Nursing program" means a program that meets all of the

 

following:

 

     (i) Trains individuals to become registered nurses.

 

     (ii) Awards an associate or bachelor's degree for successful

 

completion.

 

     (iii) Is operated in this state by an eligible institution.

 

     (iv) Is approved by the Michigan board of nursing.

 

     (g) "Registered professional nurse" means that term as defined

 

in section 17201 of the public health code, 1978 PA 368, MCL

 

333.17201.

 

     Sec. 5. The nursing faculty scholarship program is created, to

 

be administered by the authority. The authority shall do all of the

 

following:

 

     (a) Award scholarships to eligible students under this act.

 

     (b) Develop a scholarship agreement to be entered into by a

 

scholarship recipient and the authority that contains the terms of


 

a scholarship made under this act and the rights and obligations of

 

the scholarship recipient and the authority.

 

     (c) Collect repayment of scholarships if required under

 

section 11.

 

     (d) Conduct periodic audits of scholarship recipients to

 

ensure compliance with the terms of the scholarship agreement and

 

take necessary steps to enforce the terms of the scholarship

 

agreement.

 

     (e) Publicize the nursing faculty scholarship program and

 

recruit qualifying students to participate in the nursing faculty

 

scholarship program.

 

     (f) Promulgate any rules necessary to implement this act

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328. The rules may include additional standards of

 

eligibility for students to receive scholarships under this act.

 

     Sec. 7. The authority may award a scholarship under this act

 

to an individual determined by the authority to meet all of the

 

following eligibility criteria:

 

     (a) Is a United States citizen or permanent resident of the

 

United States.

 

     (b) Has resided continuously in this state for the 12 months

 

immediately preceding the date of his or her application and is not

 

a resident of any other state.

 

     (c) Is enrolled or has been accepted into a nursing faculty

 

program.

 

     (d) Has signed a written scholarship agreement with the

 

authority stating the individual's intention to serve in eligible


 

employment in this state for 3 continuous years after completion of

 

the graduate nursing program.

 

     (e) Is in compliance with this act and the rules promulgated

 

under this act.

 

     (f) Has not been convicted of a felony involving an assault,

 

physical injury, or death.

 

     (g) Meets any other standards established in rules promulgated

 

by the authority under section 5.

 

     Sec. 9. (1) Subject to subsection (2), each scholarship

 

recipient shall receive a $4,000.00 scholarship upon enrollment in

 

a nursing faculty program.

 

     (2) A scholarship described in subsection (1) shall not exceed

 

an amount equal to the scholarship recipient's eligible costs minus

 

any other grants or scholarships the scholarship recipient receives

 

upon enrollment in a nursing faculty program.

 

     Sec. 11. (1) An individual shall not receive a scholarship

 

under this act unless he or she enters into a written agreement

 

with the authority, in which he or she agrees to all of the

 

following:

 

     (a) Beginning within 1 year after completing the nursing

 

faculty program for which the scholarship was awarded, to serve for

 

3 years of continuous eligible employment in this state.

 

     (b) Except as provided in subsection (4) or (5), if he or she

 

does not meet the condition described in subdivision (a), to repay

 

all or part of a scholarship award received under this act plus

 

interest and, if applicable, reasonable collection fees, in

 

compliance with rules promulgated by the authority.


 

     (2) The agreement described in subsection (1) shall fully

 

disclose the terms and conditions under which scholarship

 

assistance under this act is provided and under which repayment may

 

be required. The agreement shall include a description of both of

 

the following:

 

     (a) The appeals procedures established by the authority under

 

which a scholarship recipient may appeal a determination of

 

noncompliance with any provision under this act.

 

     (b) The procedures under which a scholarship recipient who

 

serves in eligible employment in this state for less than the

 

period required under subsection (1) may have the repayment

 

requirement extended under subsection (4) or excused under

 

subsection (5).

 

     (3) The authority shall require a scholarship recipient found

 

by the authority to be in noncompliance with the agreement entered

 

into under this section to repay the scholarship awards received,

 

plus interest at a rate that does not exceed the rate applicable to

 

other student loans guaranteed by the authority in that time period

 

and, where applicable, reasonable collection fees, on a schedule

 

and at a rate of interest to be prescribed by the authority by

 

rule.

 

     (4) A scholarship recipient is not in violation of the

 

agreement entered into under subsection (1) and any repayment

 

obligation is deferred during any period in which the scholarship

 

recipient meets 1 of the following:

 

     (a) Is serving as a member of the armed services of the United

 

States for a period of 3 years or less.


 

     (b) Is temporarily totally disabled for a period of 3 years or

 

less, as established by sworn affidavit of a qualified physician.

 

     (c) Satisfies the provisions of any other repayment exceptions

 

prescribed by the authority by rule.

 

     (5) A scholarship recipient is excused from repayment of any

 

scholarship assistance received under this act if the scholarship

 

recipient becomes permanently and totally disabled as established

 

by sworn affidavit of a qualified physician or dies or if

 

circumstances occur that the authority considers as a compelling

 

reason to excuse repayment.

 

     Sec. 13. (1) The department of treasury shall establish and

 

administer a restricted account in the general fund for the nursing

 

faculty scholarship program. The department of treasury shall

 

credit to the account money appropriated or received from any other

 

source including, but not limited to, amounts repaid to the

 

authority on scholarships awarded under this act and earnings in

 

the account.

 

     (2) The department of treasury shall use the money in the

 

account only to provide money to the authority for scholarships

 

awarded under this act.

 

     (3) Money in the account at the end of a fiscal year shall not

 

revert to the general fund but shall be carried over in the account

 

to the next fiscal year.

 

     Sec. 15. Not later than November 1, the authority shall

 

annually submit a report to the state budget director, the house

 

and senate appropriation subcommittees on higher education, and the

 

house and senate fiscal agencies for the preceding fiscal year on


 

the nursing faculty scholarship program. The report shall include,

 

but is not limited to, the number of scholarships awarded under

 

this act, the total dollar amount of scholarships awarded, the

 

type of eligible institutions in which the scholarship recipients

 

enrolled, and the number of scholarships, if any, for which

 

students have incurred a repayment obligation under section 11(3).