November 28, 2007, Introduced by Reps. Caswell and Stahl and referred to the Committee on Education.
A bill to amend 1931 PA 327, entitled
"An act to provide for the organization, regulation and
classification of corporations; to provide their rights, powers and
immunities; to prescribe the conditions on which corporations may
exercise their powers; to provide for the inclusion of certain
existing corporations within the provisions of this act; to
prescribe the terms and conditions upon which foreign corporations
may be admitted to do business within this state; to require
certain annual reports to be filed by corporations; to prescribe
penalties for the violations of the provisions of this act; and to
repeal certain acts and parts of acts relating to corporations,"
by amending section 184a (MCL 450.184a), as added by 2006 PA 420.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
184a. (1) An ecclesiastical corporation that meets all of
the
following criteria was
incorporated under this act before
January 1, 2009 may organize and operate a religious college under
this
section. :
(a)
The ecclesiastical corporation was incorporated under this
act
before January 1, 2007.
(b)
At the time it organizes the religious college, according
to
the most recent federal decennial census, the ecclesiastical
corporation
is located in a county with a population of more than
17,500
and fewer than 23,500 residents.
(2) A religious college organized and operated under this
section must meet all of the following criteria:
(a) The religious college is organized and operated by an
ecclesiastical corporation as a division of the ecclesiastical
corporation and is not separately incorporated.
(b) The religious college began operating before January 1,
2007
2009.
(c) The ecclesiastical corporation retains control of the
religious college for denominational purposes.
(d) The religious college has an academic advisory board to
assist the religious college in the development of its educational
programs. The board shall consist of at least 4 individuals,
appointed by the ecclesiastical corporation, who represent similar
religious colleges located in the United States.
(e) The religious college offers postsecondary educational
programs that are solely designed for, directed toward, and
attended by students who seek to learn the particular religious
faith or beliefs of the ecclesiastical corporation.
(f) The sole purposes of the educational programs of the
religious college are to prepare students for ordination or
appointment as a member of the clergy of a church, denomination, or
religious association, order, or sect or to enter into other
vocations directly related to the particular faith of the
ecclesiastical corporation.
(g) The religious college does not offer general or liberal
arts educational programs or any other postsecondary educational
programs other than those described in this subsection.
(3) All of the following apply to the name of a religious
college organized and operated by an ecclesiastical corporation
under this section:
(a) The ecclesiastical corporation may use the word "college"
in the name of the religious college. However, immediately
following the name of the religious college, the ecclesiastical
corporation shall clearly and prominently indicate on any signs,
official school publications, letterhead, business cards, websites,
or other similar written documents that include the name of the
religious college that the religious college is a division of the
ecclesiastical corporation.
(b) If the ecclesiastical corporation uses the word "college"
in the name of the religious college, it shall provide a copy of
each certificate of assumed name filed by the ecclesiastical
corporation with the department of labor and economic growth for
the name of the religious college to the bureau of career education
within the department of labor and economic growth.
(4) Subject to subsection (5), a religious college may award 1
of the following degrees to a student of the religious college who
satisfactorily completes a course of study prescribed by the
ecclesiastical corporation for that degree:
(a) If the course of study requires at least 60 semester hours
or equivalent of study, an associate of biblical studies, an
associate of religious studies, an associate of theology, an
associate of church administration, or another substantially
similar associate degree that does not include the word "arts",
"science", "business", or "applied".
(b) If the course of study requires at least 120 semester
hours or equivalent of study, a bachelor of biblical studies, a
bachelor of religious studies, a bachelor of theology, or another
substantially similar bachelor's degree that does not include the
word "arts", "science", "business", or "applied".
(c) If the course of study requires a bachelor's degree and at
least 30 additional semester hours or equivalent of study, a master
of theology, a master of biblical studies, a master of religious
studies, or another substantially similar master's degree that does
not include the word "arts", "science", "business", or "applied".
(d) If the course of study requires a bachelor's degree and at
least 90 additional semester hours or equivalent of study,
including, but not limited to, dissertation credits or research
study, a doctor of theology, a doctor of biblical studies, a doctor
of religious studies, or another substantially similar doctoral
degree that does not include the word "arts", "science",
"business", or "applied".
(5) A religious college shall clearly and prominently state
all of the following on a student's diploma, certificate of
graduation, transcript, or any other document prepared by or
provided by the religious college to establish or verify that the
student had attended the religious college or completed a course of
study at the religious college:
(a) For a degree awarded by the religious college, the name of
the degree, including the religious limitation on that degree
required under subsection (4). A religious limitation required for
a degree title under subsection (4) shall immediately precede or be
part of the degree title wherever the degree title appears in the
diploma or other document.
(b) That the religious college is not licensed, approved, or
otherwise endorsed by the state of Michigan.
(c) For any document described in this subsection other than a
diploma, that the state of Michigan does not guarantee that any of
the degrees or credits granted by the religious college will be
recognized by any organization for any purpose.
(6) A diploma, certificate of graduation, or other evidence of
attendance at a religious college entitles the lawful recipient to
all the privileges and immunities that by custom or usage are
allowed to holders of similar diplomas or certificates granted by
similar institutions in this country. However, if an occupation or
profession is regulated by statute as to the requirements and
qualifications necessary to the practice of that occupation or
profession, the diploma or certificate of graduation does not
entitle the recipient to any privilege or immunity if those
statutory requirements or qualifications are not complied with.
(7) An ecclesiastical corporation is not required to obtain
the approval of or a license from the department of labor and
economic growth to operate a religious college under this section
in this state and the operation of the religious college and its
educational programs are not subject to the supervision of that
department. However, if an ecclesiastical corporation does not
obtain the approval of or a license from the department of labor
and economic growth to operate a religious college, the
ecclesiastical corporation shall clearly and prominently print a
disclaimer on all of its application materials, course catalogs,
brochures, websites, and other similar publications that states all
of the following:
(a) The religious college is a division of the ecclesiastical
corporation.
(b) The educational programs offered by the religious college
are solely designed for, directed toward, and attended by students
preparing for ordination or appointment as a member of the clergy
of a church, denomination, or religious association, order, or sect
or preparing to enter into another vocation directly related to the
particular faith of the ecclesiastical corporation.
(c) The religious college is not licensed, approved, or
otherwise endorsed by the state of Michigan and that the state of
Michigan does not guarantee that any of the degrees or credits
granted by the religious college will be recognized by any
organization for any purpose.
(8) In any application materials, course catalogs, brochures,
websites, or other publications made available by the religious
college, the religious college shall include the religious
limitation on that degree required under subsection (4), either
immediately preceding or as part of the degree title, wherever the
degree title appears in the document or publication.
(9) Every 2 years, an ecclesiastical corporation organizing or
operating a religious college shall submit a sworn affidavit to the
department of labor and economic growth that certifies that the
religious college complies with the requirements of this section
and includes all of the following:
(a) The name of the religious college. The name stated in the
affidavit must comply with subsection (3).
(b) A statement that the religious college offers only
educational programs designed for, directed toward, and attended by
students preparing for ordination or appointment as a member of the
clergy of a church, denomination, or religious association, order,
sect, or preparing to enter into another vocation directly related
to the particular faith of the ecclesiastical corporation.
(c) A statement that each diploma, certificate of graduation,
transcript, or other document described in subsection (5) prepared
or provided by the religious college complies with that subsection.
(d) A statement that each document provided or publication
made available by the religious college under subsection (8)
complies with that subsection.
(e) A statement that the religious college does not accept
state or federal assistance for its educational programs and does
not accept students who are receiving state or federal financial
aid under any higher education loan, grant, or scholarship program.
(10) An ecclesiastical corporation organizing or operating a
religious college shall annually provide the department with a
surety bond that meets all of the following:
(a) It is conditioned to provide indemnification to any
student suffering loss because of inability to complete an
educational program at the religious college due to the closing of
the religious college.
(b) It expires on June 30 following the date of issuance and
the ecclesiastical corporation shall submit proof of renewal for an
additional 1-year period to the department of labor and economic
growth before the date of expiration.
(c) The amount of the security bond is 1 of the following,
whichever is higher:
(i) An amount determined by multiplying the number of students
enrolled in the religious college by $200.00.
(ii) The amount of $5,000.00.
(11) An ecclesiastical corporation operating a religious
college that is in compliance with the requirements of this section
is authorized to conduct business as a religious college and offer
postsecondary educational programs in this state.