Bill Text: MI HB5447 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: State agencies (existing): generally; certain writings requesting racial or ethnic identification; require collection and reporting of certain data. Amends secs. 206a & 299 of 1984 PA 431 (MCL 18.1206a & 18.1299). TIE BAR WITH: HB 5448'24
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-02-20 - Bill Electronically Reproduced 02/14/2024 [HB5447 Detail]
Download: Michigan-2023-HB5447-Introduced.html
HOUSE BILL NO. 5447
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending sections 206a and 299 (MCL 18.1206a and 18.1299), section 206a as added by 1995 PA 89 and section 299 as amended by 2018 PA 389.
the people of the state of michigan enact:
Sec. 206a. (1) A state agency shall do both of the following if that the state agency lists racial or ethnic classifications in a writing that is developed or printed 90 or more days after the effective date of this section, and if that after September 18, 1995 and the state agency requests that an individual select a classification to designate his or her the individual's race or ethnicity:
(a) Include in the writing the term "multiracial" as a classification, and a definition of that term that substantially provides that "multiracial" means having parents of different races.
(b) Exclude from the writing the term "other" as a classification.
(2) In addition to the requirements set forth in subsection (1), if a state agency lists racial or ethnic classifications in a writing that is developed or printed after the effective date of the amendatory act that added this subsection and the state agency requests that an individual select a classification to designate the individual's race or ethnicity, the state agency must include in the writing the term "Middle Eastern or North African" as a classification.
(3) (2) If a federal agency requires a state agency to transmit information obtained from an individual pursuant to a writing described in individual's selection under subsection (1) or (2), but rejects the classification "multiracial" or "Middle Eastern or North African", as applicable, the state agency shall must redesignate the individuals identified as multiracial the rejected classification by allocating those individuals to racial or ethnic classifications approved by the federal agency in the same ratio that those classifications occur within the general population of the group from which the information was solicited.
(4) (3) As used in this section, "writing" means that term as defined in section 2 of the freedom of information act, Act No. 442 of the Public Acts of 1976, being section 15.232 of the Michigan Compiled Laws.1976 PA 442, MCL 15.232.
Sec. 299. (1) The office of the state budget director shall do all of the following:
(a) Establish, maintain, and coordinate the state higher education database commonly known as the higher education institutional data inventory or "HEIDI".
(b) Collect data concerning public universities and public university programs in this state, including data obtained from race and ethnicity selections made under section 402a of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2402a, and data required by law. , and include it
(c) Include the data described in subdivision (b) in the database.
(d) (c) Establish procedures to ensure the validity and reliability of the data and the collection process.
(e) (d) Develop model data collection policies, including, but not limited to, policies that ensure the privacy of individual student data. Privacy The privacy policies shall must ensure that student social security Social Security numbers are not released to the public for any purpose.
(f) (e) Provide data in a useful manner to allow state policymakers and public university officials to make informed policy decisions.
(g) (f) Assist public universities in complying with audits under this section or federal law.
(h) (g) Perform other functions assigned by the state budget director or required by law.
(2) There is created within the office of the state budget director in the department the higher education institutional data inventory advisory committee. The committee shall provide advice to advise the state budget director regarding the management of the state higher education database, including, but not limited to:
(a) Determining Subject to subsection (1)(b) and (c), determining what data is necessary to collect and maintain.
(b) Defining the roles of all stakeholders in the data collection system.
(c) Recommending timelines for the implementation and ongoing collection of data.
(d) Establishing and maintaining data definitions, data transmission protocols, and system specifications and procedures for the efficient and accurate transmission and collection of data.
(e) Establishing and maintaining a process for ensuring the accuracy of the data.
(f) Establishing and maintaining policies related to data collection, including, but not limited to, privacy policies related to individual student data.
(g) Ensuring the data is made available to state policymakers and citizens of this state in the most useful format possible.
(h) Addressing other matters as determined by the state budget director or as required by law.
(3) The higher education institutional data inventory advisory committee created in subsection (2) shall consist consists of the following members:
(a) One representative from the house fiscal agency, appointed by the director of the house fiscal agency.
(b) One representative from the senate fiscal agency, appointed by the director of the senate fiscal agency.
(c) One representative from the office of the state budget director, appointed by the state budget director.
(d) Three representatives of the presidents council of state universities, appointed by the presidents council. The presidents council shall appoint 1 representative each from a master's university, a doctoral university, and a research university.
(4) The auditor general shall review higher education institutional data inventory enrollment data submitted by all public universities and shall perform audits of selected data submitted by public universities at least once every 4 years. The review and audits shall must be based upon on the definitions, requirements, and uniform reporting categories established by the state budget director in consultation with the higher education institutional data inventory advisory committee. The auditor general shall submit a report of findings to the house and senate appropriations committees and the state budget director by July 1 of each year in which an audit is performed.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5448 (request no. 03903'23) of the 102nd Legislature is enacted into law.
