HOUSE BILL No. 6673

 

 

November 19, 2008, Introduced by Rep. Alma Smith and referred to the Committee on Tax Policy.

 

     A bill to amend 1964 PA 208, entitled

 

"An act to grant scholarships to students enrolled in postsecondary

education institutions; and to provide for the administration of

the scholarship program,"

 

by amending sections 4, 5, 6, 10, and 11 (MCL 390.974, 390.975,

 

390.976, 390.980, and 390.981), sections 4 and 5 as amended by 1986

 

PA 270 and section 6 as amended by 1980 PA 500; and to repeal acts

 

and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) An Subject to subsections (3) and (4), an

 

applicant is eligible for the award of a first-year scholarship if

 

the authority finds that the applicant meets all of the following:

 

     (a) Has resided continuously in this state for the preceding

 

12 months and is not considered a resident of any other state.

 

     (b) Has graduated from a high school, or is a student in good


 

standing in a high school who will graduate at the end of the

 

academic year, or an individual who has passed a graduate

 

equivalency examination approved by the state board of education,

 

or, if not a high school graduate, is recommended favorably by an

 

appropriate educational institution as defined in rules promulgated

 

by the authority.

 

     (c) Except for the applicant for a graduate scholarship, based

 

upon the state competitive scholarship examination, the applicant

 

shows promise of satisfactorily completing a course of study at an

 

approved postsecondary institution of the applicant's choice in

 

this state. For an applicant for a graduate scholarship, the

 

authority shall determine the examination standards for

 

eligibility.

 

     (d) Has complied with this act and the rules promulgated under

 

this act by the authority.

 

     (e) Is not incarcerated in a corrections institution.

 

     (2) An Subject to subsections (3) and (4), an applicant who

 

the authority determines is eligible for award of a scholarship

 

under this act shall complete using the scholarship within 10 years

 

after his or her eligibility is determined.

 

     (3) The authority shall not provide scholarships under this

 

act in the 2007-2008 academic year or any subsequent academic year.

 

     (4) If a student was awarded a scholarship under this act

 

before the 2007-2008 academic year, the authority shall not pay the

 

amount of the scholarship or any remaining unpaid balance of the

 

scholarship to the student after September 15, 2007.

 

     (5) Beginning on the effective date of the amendatory act that


 

added this subsection, the authority shall notify each new

 

scholarship recipient, each existing scholarship recipient who has

 

not received all of his or her scholarship money, and each approved

 

institution of the pending repeal of this act and the timetables

 

described in subsections (3) and (4).

 

     (6) As used in this act, "academic year" means the period from

 

August 1 of a calendar year to July 31 of the next calendar year.

 

     Sec. 5. (1) There shall be awarded for each academic year

 

before the 2007-2008 academic year the number of first-year

 

scholarships that may be financed through available money. Of this

 

number not less than 3 scholarships shall be awarded to residents

 

of each legislative district, and the balance of the scholarships

 

shall be awarded to residents of the state at large.

 

     (2) Each scholarship described in subsection (1) shall be

 

renewed by the authority upon application of the student awarded

 

the first-year scholarship without further examination if the

 

applicant remains eligible under sections 4 and 6 and is in

 

compliance with rules promulgated by the authority.

 

     (3) A scholarship may be renewed for not more than 10

 

semesters or its equivalent in trimesters or quarters of

 

undergraduate education, or the equivalent as determined by the

 

authority for less than full-time but more than half-time students.

 

     (4) Beginning after October 1, 1988, a scholarship may be

 

awarded for not more than 6 semesters or its equivalent in

 

trimesters, quarters or terms of graduate education, or the

 

equivalent as determined by the authority for less than full-time

 

but more than half-time students. Money shall not be appropriated


 

for purposes of this subsection for any fiscal year unless the

 

amount appropriated under this act for that fiscal year for state

 

competitive scholarships for undergraduate education equals or

 

exceeds the amount appropriated for the state competitive

 

scholarship program for the fiscal year ending September 30, 1987.

 

     (5) A residual scholarship shall be awarded to a qualifying

 

applicant who does not receive an initial scholarship award, but

 

who may be eligible for an award later in the year or during an

 

academic year when initial recipients relinquish their scholarship

 

awards.

 

     (6) Scholarships, renewal scholarships, and residual

 

scholarships under this section are subject to the restrictions

 

described in section 4(3) and (4).

 

     Sec. 6. (1) Each first-year scholarship is for a period of 1

 

academic year and the scholarship award shall not exceed the amount

 

of tuition and fees for the full academic year as reported by the

 

approved institution in which the applicant is enrolled, or an

 

amount as the authority finds appropriate in relation to the

 

applicant's own financial resources other than wages that may be

 

due the applicant for part-time work performed by the applicant

 

during the academic year, whichever is the lesser. For the purposes

 

of determining the dollar amount of the scholarship, the financial

 

resources of the applicant shall include the cash or equivalent

 

resources of the applicant's parents available for the

 

postsecondary education of the applicant, and allowance shall be

 

made for other members of the applicant's family enrolled in an

 

approved institution of postsecondary education, pursuant to rules


 

adopted by the authority. If the amount of appropriated funds is

 

insufficient to provide each student with the scholarship amount

 

for which the student is eligible, the authority shall establish a

 

maximum scholarship level for that academic year. Renewal

 

scholarships shall not be less than the initial first-year

 

scholarship awards unless predicated by changes in student or

 

family financial resources.

 

     (2) Scholarships and renewal scholarships under this section

 

are subject to the restrictions described in section 4(3) and (4).

 

     Sec. 10. (1) The authority may accept gifts, grants, bequests,

 

donations and devises, from whatever sources, of real, personal or

 

mixed property and moneys for the purposes described in this act.

 

The authority shall prepare an annual report of all gifts, grants,

 

bequests, donations and devises for the governor and the

 

legislature.

 

     (2) On September 30, 2007, any restricted funds or other money

 

held by the authority for purposes of this act shall revert to the

 

general fund.

 

     Sec. 11. (1) Four scholarships shall be allotted to each class

 

"A" high school, 3 to each class "B" high school, 2 to each class

 

"C" high school, and 1 to each class "D" high school. Scholarships

 

allotted to a high school shall be awarded to those students having

 

the highest competitive examination score and otherwise meeting all

 

eligibility requirements of this act, including that of

 

demonstrating financial need. The awarding of scholarships through

 

this procedure shall be implemented only after sufficient

 

additional funds are appropriated so as to not displace any student


 

eligible for an award through the other awarding procedures

 

established by this act.

 

     (2) The remaining scholarships shall be awarded on a

 

statewide, competitive basis.

 

     (3) Scholarships awarded under this section are subject to the

 

restrictions described in section 4(3) and (4).

 

     Enacting section 1. 1964 PA 208, MCL 390.971 to 390.981, is

 

repealed effective October 1, 2007.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6680(request no.

 

01102'07) of the 94th Legislature is enacted into law.