Act No. 100

Public Acts of 2005

Approved by the Governor

July 21, 2005

Filed with the Secretary of State

July 22, 2005

EFFECTIVE DATE: July 22, 2005

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Senators George, Kuipers, Basham, Jelinek, Hardiman, Garcia, Goschka, Birkholz, VanWoerkom, Allen, Cherry, Jacobs, Brater and Toy

ENROLLED SENATE BILL No. 136

AN ACT to prohibit the issuance or manufacture of false academic credentials; and to provide remedies.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the "authentic credentials in education act".

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.

Sec. 3. A person shall not knowingly issue or manufacture a false academic credential in this state.

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.

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.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor