Bill Text: MI SB0140 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Appropriations: zero budget; higher education; provide for fiscal year 2019-2020. Amends secs. 236 & 236a of 1979 PA 94 (MCL 388.1836 & 388.1836a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-14 - Referred To Committee On Appropriations [SB0140 Detail]
Download: Michigan-2019-SB0140-Engrossed.html
SB-0140, As Passed Senate, May 15, 2019
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SUBSTITUTE FOR
SENATE BILL NO. 140
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 236, 236a, 236c, 241, 245, 251, 252, 256, 263,
264, 265, 265a, 265b, 265c, 265d, 267, 268, 269, 270, 274, 274c,
276, 277, 278, 279, 280, 281, 282, and 289 (MCL 388.1836,
388.1836a, 388.1836c, 388.1841, 388.1845, 388.1851, 388.1852,
388.1856, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b,
388.1865c, 388.1865d, 388.1867, 388.1868, 388.1869, 388.1870,
388.1874, 388.1874c, 388.1876, 388.1877, 388.1878, 388.1879,
388.1880, 388.1881, 388.1882, and 388.1889), sections 236, 236a,
236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267, 268, 269, 270,
274, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended
and sections 265b, 265c, and 265d as added by 2018 PA 265 and
section 265 as amended by 2018 PA 586, and by adding section 275d;
Senate Bill No. 140 as amended May 14, 2019
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
<<Sec.
236. (1) Subject to the conditions set forth in this
article, the amounts listed in this section are
appropriated for
higher education for the fiscal year ending September 30, 2019,
<< >>,
from the funds indicated
in this section. The following is a
summary of the appropriations in this section:
(a) The gross appropriation is $1,669,732,600.00.
<< >>.
After deducting total
interdepartmental grants
and intradepartmental transfers in the amount of $0.00, the
adjusted gross appropriation is $1,669,732,600.00.
<< >>
(b) The sources of the adjusted gross appropriation described
in subdivision (a) are as follows:
(i) Total federal revenues, $123,526,400.00. <<
>>.
$(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted revenues,
$500,188,300.00. << >>.
(v) State general fund/general purpose money,
$1,046,017,900.00. << >>.
(2) Amounts appropriated for public universities are as
follows:
(a) The appropriation for Central Michigan University
is
$87,415,000.00, $85,654,400.00 for operations and
$1,760,600.00 for
performance funding.<<
>>
Senate Bill No. 140 as amended May 14, 2019
(b) The appropriation for Eastern Michigan University is
$76,979,300.00, $75,169,900.00 for operations and
$1,809,400.00 for
performance funding.<<
>>
(c) The appropriation for Ferris State University is
$54,950,700.00, $53,595,500.00 for operations and $1,355,200.00
for
performance funding.<<
>>
(d) The appropriation for Grand Valley State University is
$72,056,600.00, $70,100,100.00 for operations and
$1,956,500.00 for
performance funding<<
>>
(e) The appropriation for Lake Superior State University is
$13,987,000.00, $13,775,000.00 for operations and
$212,000.00 for
performance funding. <<
>>
(f) The appropriation for Michigan State University is
$350,703,300.00, $281,239,100.00 for operations,
$5,035,100.00 for
performance funding, $34,591,400.00 for MSU AgBioResearch,
and
$29,837,700.00 for MSU Extension.<<
>>
(g) The appropriation for Michigan Technological University
is
$49,949,600.00, $49,052,200.00 for operations and
$897,400.00 for
performance funding<<
>>
Senate Bill No. 140 as amended May 14, 2019
(h) The appropriation for Northern Michigan University is
$47,998,400.00, $47,137,400.00 for operations and
$861,000.00 for
performance funding.<<
>>
(i) The appropriation for Oakland University is
$52,819,200.00, $51,235,900.00 for operations and
$1,583,300.00 for
performance funding.<<
>>
(j) The appropriation for Saginaw Valley State University is
$30,528,000.00, $29,766,100.00 for operations and
$761,900.00 for
performance funding.<<
>>
(k) The appropriation for University of Michigan – Ann Arbor
is $320,782,400.00, $314,589,100.00 for operations and
$6,193,300.00 for performance funding.<<
>>
(l) The appropriation for University of Michigan – Dearborn
is
$26,071,800.00, $25,421,900.00 for operations and
$649,900.00 for
performance funding.<<
>>
(m) The appropriation for University of Michigan – Flint is
$23,585,400.00, $23,061,800.00 for operations and
$523,600.00 for
performance funding.<<
>>
(n) The appropriation for Wayne State University is
$202,363,200.00, $199,169,800.00 for operations and
$3,193,400.00
Senate Bill No. 140 as amended May 14, 2019
for performance funding.<<
>>
(o) The appropriation for Western Michigan University is
$111,151,000.00, $109,376,800.00 for operations and
$1,774,200.00
for performance funding.<<
>>
(3) The amount appropriated in subsection (2) for public
universities is appropriated from the following:
(a) State school aid fund, $494,286,300.00.
(b) State general fund/general purpose money,
$1,027,054,600.00.<< >>
(4) The amount appropriated for Michigan public school
employees' retirement system reimbursement is
$5,133,000.00,
<< >> appropriated from the state school aid fund.
(5) The amount appropriated for state and regional
programs is
$315,000.00, appropriated from general fund/general purpose
money
and allocated as follows:
(a) Higher education database modernization and
conversion,
$200,000.00.
(b) Midwestern Higher Education Compact, $115,000.00.
(6) The amount appropriated for the Martin Luther
King, Jr. -
Cesar Chavez - Rosa Parks program is $2,691,500.00,
appropriated
from general fund/general purpose money and allocated as
follows:
(a) Select student support services, $1,956,100.00.
(b) Michigan college/university partnership program,
$586,800.00.
(c) Morris Hood, Jr. educator development program,
Senate Bill No. 140 as amended May 14, 2019
$148,600.00.
(7) Subject to subsection (8), the amount appropriated
for
grants and financial aid is $139,583,200.00, allocated as
follows:
(a) State competitive scholarships, $32,361,700.00.
(b) Tuition grants, $38,021,500.00.
(c) Tuition incentive program, $64,300,000.00.
(d) Children of veterans and officer's survivor
tuition grant
programs, $1,400,000.00.
(e) Project GEAR-UP, $3,200,000.00.
(f) North American Indian tuition waiver, $300,000.00.
(8) The money appropriated in subsection (7) for
grants and
financial aid is appropriated from the following:
(a) Federal revenues under the United States Department
of
Education, Office of Elementary and Secondary Education,
GEAR-UP
program, $3,200,000.00.
(b) Federal revenues under the social security act,
temporary
assistance for needy families, $120,326,400.00.<<
>>
(c) Contributions to children of veterans tuition
grant
program, $100,000.00.
<< >> (d) State general fund/general purpose
money,
$15,956,800.00.<< >>
(9) For fiscal year 2018-2019 only, <<
>> in addition to
the allocation under subsection (4), from the
appropriations
described in subsection (1), there is allocated an amount
not to
exceed $669,000.00 << >> for payments to participating
public universities, appropriated from the state school aid
fund. A
university that receives money under this subsection shall
use that
Senate Bill No. 140 as amended May 14, 2019 (1 of 3)
money solely for the purpose of offsetting the normal cost
contribution rate. As used in this subsection,
"participating
public universities" means public universities that
are a reporting
unit of the Michigan public school employees' retirement
system
under the public school employees retirement act of 1979,
1980 PA
300, MCL 38.1301 to 38.1437, and that pay contributions to
the
Michigan public school employees' retirement system for the
state
<<Sec. 236. (1) Subject to the conditions set forth in this
article, the amounts listed in this section are
appropriated for higher education for the fiscal year ending September 30, 2019,
2020, from the funds indicated in this section.
The following is a summary of the appropriations in this section:
(a) The gross appropriation is $1,669,732,600.00.
$1,693,001,800.00. After deducting total interdepartmental
grants and intradepartmental transfers in the amount of $0.00, the adjusted
gross appropriation is $1,669,732,600.00.$1,693,001,800.00.
(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:
(i) Total federal revenues, $123,526,400.00.$128,026,400.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state
restricted revenues, $500,188,300.00.$500,537,300.00.
(v) State general fund/general
purpose money, $1,046,017,900.00.$1,064,438,100.00.
(2) Amounts appropriated for public universities are as follows:
(a) The appropriation for Central
Michigan University is $87,415,000.00, $85,654,400.00 for operations and
$1,760,600.00 for performance funding.$89,720,800.00, $88,695,000.00 for operations and
$1,025,800.00 for performance funding.
(b) The appropriation for Eastern
Michigan University is $76,979,300.00, $75,169,900.00 for operations and
$1,809,400.00 for performance funding.$77,960,500.00, $77,118,800.00 for operations and $841,700.00
for performance funding.
(c) The appropriation for Ferris
State University is $54,950, 700.00, $53,595,500.00 for operations and
$1,355,200.00 for performance funding.$56,304,000.00, $55,739,700.00 for operations and
$564,300.00 for performance funding.
(d) The appropriation for Grand
Valley State University is $72,056,600.00, $70,100,100.00 for operations and
$1,956,500.00 for performance funding.$73,882,000.00, $72,855,400.00 for operations and
$1,026,600.00 for performance funding.
(e) The appropriation for Lake
Superior State University is $13,987,000.00, $13,775,000.00 for operations
and $212,000.00 for performance funding.$14,414,400.00, $14,303,300.00 for operations and
$111,100.00 for performance funding.
(f) The appropriation for Michigan State University is
$350,703,300.00, $281,239,100.00 for
operations, $5,035,100.00 for performance funding, $34,591,400.00 for MSU
AgBioResearch, and
Senate Bill No. 140 as amended May 14,
2019 (2 of 3)
$29,837,700.00 for MSU Extension.$355,605,600.00, $287,272,800.00 for
operations, $2,937,200.00 for performance funding, $35,110,300.00 for MSU AgBioResearch, and $30,285,300.00 for MSU Extension.
(g) The appropriation for Michigan
Technological University is $49,949,600.00, $49,052,200.00 for operations
and $897,400.00 for performance funding.$50,814,100.00, $50,301,800.00 for operations and
$512,300.00 for performance funding.
(h) The appropriation for Northern
Michigan University is $47,998,400.00, $47,137,400.00 for operations and
$861,000.00 for performance funding.$49,124,500.00, $48,676,200.00 for operations and
$448,300.00 for performance funding.
(i) The appropriation for Oakland
University is $52,819,200.00, $51,235,900.00 for operations and
$1,583,300.00 for performance funding.$53,828,000.00, $53,005,000.00 for operations and
$823,000.00 for performance funding.
(j) The appropriation for Saginaw
Valley State University is $30,528,000.00, $29,766,100.00 for operations and
$761,900.00 for performance funding.$30,925,400.00, $30,680,400.00 for operations and
$245,000.00 for performance funding.
(k) The appropriation for University
of Michigan – Ann Arbor is $320,782,400.00, $314,589,100.00 for operations
and $6,193,300.00 for performance funding.$324,355,200.00, $321,059,300.00 for operations and
$3,295,900.00 for performance funding.
(l) The appropriation for University of Michigan – Dearborn is
$26,071,800.00, $25,421,900.00 for
operations and $649,900.00 for performance funding.$26,494,400.00, $26,146,600.00 for operations
and $347,800.00 for performance funding.
(m) The appropriation for University of Michigan – Flint is
$23,585,400.00, $23,061,800.00 for
operations and $523,600.00 for performance funding.$24,006,400.00, $23,770,800.00 for
operations and $235,600.00 for performance funding.
(n) The appropriation for Wayne State
University is $202,363,200.00, $199,169,800.00 for operations and
$3,193,400.00 for performance funding.$204,230,500.00, $202,529,900.00 for operations
and $1,700,600.00 for performance funding.
(o) The appropriation for Western
Michigan University is $111,151,000.00, $109,376,800.00 for operations and
$1,774,200.00 for performance funding.$112,795,300.00, $111,743,900.00 for operations and
$1,051,400.00 for performance funding.
(3) The amount appropriated in subsection (2) for public universities is appropriated from the following:
(a) State school aid fund, $494,286,300.00.
(b) State general fund/general
purpose money, $1,027,054,600.00.$1,050,174,800.00.
(4) The amount appropriated for
Michigan public school employees' retirement system reimbursement is $5,133,000.00,
$5,017,000.00, appropriated from the state school aid
fund.
(5) The amount appropriated for state and regional programs is $315,000.00, appropriated from general fund/general purpose money and allocated as follows:
(a) Higher education database modernization and conversion, $200,000.00.
(b) Midwestern Higher Education Compact, $115,000.00.
(6) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose money and allocated as follows:
(a) Select student support services, $1,956,100.00.
(b) Michigan college/university partnership program, $586,800.00.
(c) Morris Hood, Jr. educator development program, $148,600.00.
(7) Subject to subsection (8), the
amount appropriated for grants and financial aid is $139,583,200.00, $139,283,200.00, allocated as follows:
Senate Bill No. 140 as amended May 14, 2019 (3 of 3)
(a) State competitive scholarships, $32,361,700.00.
(b) Tuition grants, $38,021,500.00.
(c) Tuition incentive program, $64,300,000.00.
(d) Children of veterans and officer's survivor tuition grant programs, $1,400,000.00.
(e) Project GEAR-UP, $3,200,000.00.
(f) North American Indian tuition
waiver, $300,000.00.
(8) The money appropriated in subsection (7) for grants and financial aid is appropriated from the following:
(a) Federal revenues under the United States Department of Education, Office of Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.
(b) Federal revenues under the social
security act, temporary assistance for needy families, $120,326,400.00.$124,826,400.00.
(c) Contributions to children of
veterans tuition grant program, $100,000.00.
(c) (d) State general
fund/general purpose money, $15,956,800.00.$11,256,800.00.
(9) For fiscal year 2018-2019 only, 2019-2020 in addition to the allocation under
subsection (4), from the appropriations described in subsection (1), there is
allocated an amount not to exceed $669,000.00 $1,234,000.00 for payments to participating public
universities, appropriated from the state school aid fund. A university that
receives money under this subsection shall use that money solely for the
purpose of offsetting the normal cost contribution rate. As used in this
subsection, "participating public universities" means public
universities that are a reporting unit of the Michigan public school employees'
retirement system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437, and that pay contributions to the Michigan
public school employees' retirement system for the state fiscal year.>>
Sec. 236a. It is the intent of the legislature to provide
appropriations
for the fiscal year ending on September 30, 2020
2021
for the items listed in section 236.
The fiscal year 2019-2020
2020-2021 appropriations are anticipated to be the same as those
for
fiscal year 2018-2019, 2019-2020,
except that the amounts will
be adjusted for changes in caseload and related costs, federal fund
match rates, economic factors, and available revenue. These
adjustments
will be determined after the January 2019 2020
consensus revenue estimating conference. For fiscal year 2020-2021,
the amount appropriated for Michigan public school employees'
retirement system reimbursement is projected to be $7,264,000.00.
Sec. 236c. In addition to the funds appropriated for fiscal
year
2018-2019 2019-2020 in section 236, appropriations to the
department of technology, management, and budget in the act
providing
general appropriations for fiscal year 2018-2019 2019-
2020 for state building authority rent, totaling an estimated
$155,478,500.00,
$144,995,300.00 provide funding for the state
share of costs for previously constructed capital projects for
state universities. These appropriations for state building
authority rent represent additional state general fund support
provided to public universities, and the following is an estimate
of the amount of that support to each university:
(a) Central Michigan University,
$12,936,500.00.$12,141,800.00.
(b)
Eastern Michigan University, $7,083,900.00.$7,673,600.00.
(c)
Ferris State University, $8,275,000.00.$8,434,200.00.
(d) Grand Valley State University,
$8,800,000.00.$6,752,400.00.
(e) Lake Superior State University,
$2,285,800.00.$1,856,100.00.
(f)
Michigan State University, $16,790,400.00.$15,514,900.00.
(g) Michigan Technological University,
$6,782,000.00.$6,912,500.00.
(h)
Northern Michigan University, $7,309,000.00.$7,449,600.00.
(i)
Oakland University, $12,665,000.00.$12,908,600.00.
(j) Saginaw Valley State University,
$10,984,000.00.$10,670,900.00.
(k) University of Michigan - Ann Arbor,
$11,861,000.00.$9,795,900.00.
(l) University of Michigan - Dearborn,
$10,918,000.00.$9,522,700.00.
(m) University of Michigan - Flint,
$6,244,800.00.$4,128,900.00.
(n)
Wayne State University, $16,480,200.00.$16,008,000.00.
(o) Western Michigan University,
$16,062,900.00.$15,225,200.00.
Sec. 241. (1) Subject to sections 244 and 265a, the funds
appropriated in section 236 to public universities shall be paid
out of the state treasury and distributed by the state treasurer to
the respective institutions in 11 equal monthly installments on the
sixteenth of each month, or the next succeeding business day,
beginning
with October 16, 2018. 2019.
Except for Wayne State
University,
each institution shall accrue its July and August 2019
2020 payments to its institutional fiscal year ending June 30,
2019.2020.
(2) All public universities shall submit higher education
institutional data inventory (HEIDI) data and associated financial
and program information requested by and in a manner prescribed by
the state budget director. For public universities with fiscal
years
ending June 30, 2018, 2019,
these data shall be submitted to
the
state budget director by October 15, 2018. 2019. Public
universities
with a fiscal year ending September 30, 2018 2019
shall
submit preliminary HEIDI data by November 15, 2018 2019 and
final
data by December 15, 2018. 2019.
If a public university fails
to submit HEIDI data and associated financial aid program
information in accordance with this reporting schedule, the state
treasurer may withhold the monthly installments under subsection
(1) to the public university until those data are submitted.
Sec. 245. (1) A public university shall maintain a public
transparency website available through a link on its website
homepage. The public university shall update this website within 30
days after the university's governing board adopts its annual
operating budget for the next academic year, or after the governing
board adopts a subsequent revision to that budget.
(2) The website required under subsection (1) shall include
all of the following concerning the public university:
(a) The annual operating budget and subsequent budget
revisions.
(b) A summary of current expenditures for the most recent
fiscal year for which they are available, expressed as pie charts
in the following 2 categories:
(i) A chart of personnel expenditures, broken into the
following subcategories:
(A) Earnings and wages.
(B) Employee benefit costs, including, but not limited to,
medical, dental, vision, life, disability, and long-term care
benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all current expenditures the public university
reported as part of its higher education institutional data
inventory data under section 241(2), broken into the same
subcategories in which it reported those data.
(c) Links to all of the following for the public university:
(i) The current collective bargaining agreement for each
bargaining unit.
(ii) Each health care benefits plan, including, but not
limited to, medical, dental, vision, disability, long-term care, or
any other type of benefits that would constitute health care
services, offered to any bargaining unit or employee of the public
university.
(iii) Audits and financial reports for the most recent fiscal
year for which they are available.
(d) A list of all positions funded partially or wholly through
institutional general fund revenue that includes the position title
and annual salary or wage amount for each position.
(e) General fund revenue and expenditure projections for the
current fiscal year and the next fiscal year.
(f) A listing of all debt service obligations, detailed by
project, anticipated fiscal year payment for each project, and
total outstanding debt for the current fiscal year.
(g) The institution's policy regarding the transferability of
core college courses between community colleges and the university.
(h) A listing of all community colleges that have entered into
reverse transfer agreements with the university.
(3) On the website required under subsection (1), a public
university shall provide a dashboard or report card demonstrating
the university's performance in several "best practice" measures.
The dashboard or report card shall include at least all of the
following for the 3 most recent academic years for which the data
are available:
(a) Enrollment.
(b) Student retention rate.
(c) Six-year graduation rates.
(d) Number of Pell grant recipients and graduating Pell grant
recipients.
(e) Geographic origination of students, categorized as in-
state, out-of-state, and international.
(f) Faculty to student ratios and total university employee to
student ratios.
(g) Teaching load by faculty classification.
(h) Graduation outcome rates, including employment and
continuing education.
(4) For statewide consistency and public visibility, public
universities must use the icon badge provided by the department of
technology, management, and budget consistent with the icon badge
developed by the department of education for K-12 school districts.
It must appear on the front of each public university's homepage.
The size of the icon may be reduced to 150 x 150 pixels. The font
size and style for this reporting must be consistent with other
documents on each university's website.
(5) The state budget director shall determine whether a public
university has complied with this section. The state budget
director may withhold a public university's monthly installments
described in section 241 until the public university complies with
this section.
(6)
By the first business day of November 15 of each year, a
public university shall report the following information to the
center and post the information on its website under the budget
transparency icon badge:
(a) Opportunities for earning college credit through the
following programs:
(i) State approved career and technical education or a tech
prep articulated program of study.
(ii) Direct college credit or concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college program.
(b) For each program described in subdivision (a) that the
public university offers, all of the following information:
(i) The number of high school students participating in the
program.
(ii) The number of school districts that participate in the
program with the public university.
(iii) Whether a university professor, qualified local school
district employee, or other individual teaches the course or
courses in the program.
(iv) The total cost to the public university to operate the
program.
(v) The cost per credit hour for the course or courses in the
program.
(vi) The location where the course or courses in the program
are held.
(vii) Instructional resources offered to the program
instructors.
(viii) Resources offered to the student in the program.
(ix) Transportation services provided to students in the
program.
Sec. 251. (1) Payments of the amounts included in section 236
for the state competitive scholarship program shall be distributed
pursuant to 1964 PA 208, MCL 390.971 to 390.981.
(2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the
department of treasury shall determine an actual maximum state
competitive scholarship award per student, which shall be not less
than $1,000.00, that ensures that the aggregate payments for the
state competitive scholarship program do not exceed the
appropriation contained in section 236 for the state competitive
scholarship program. If the department determines that insufficient
funds are available to establish a maximum award amount equal to at
least $1,000.00, the department shall immediately report to the
house and senate appropriations subcommittees on higher education,
the house and senate fiscal agencies, and the state budget director
regarding the estimated amount of additional funds necessary to
establish a $1,000.00 maximum award amount.
(3) The department of treasury shall implement a proportional
competitive scholarship maximum award level for recipients enrolled
less than full-time in a given semester or term.
(4) If a student who receives an award under this section has
his or her tuition and fees paid under the Michigan educational
trust program, pursuant to the Michigan education trust act, 1986
PA 316, MCL 390.1421 to 390.1442, and still has financial need, the
funds awarded under this section may be used for educational
expenses other than tuition and fees.
(5) If the department of treasury increases the maximum award
per eligible student from that provided in the previous fiscal
year, it shall not have the effect of reducing the number of
eligible students receiving awards in relation to the total number
of eligible applicants. Any increase in the maximum grant shall be
proportional for all eligible students receiving awards.
(6) Veterans Administration benefits shall not be considered
in determining eligibility for the award of scholarships under 1964
PA 208, MCL 390.971 to 390.981.
(7) Any unexpended and unencumbered funds remaining on
September
30, 2019 2020 from the amounts appropriated in section
236 for the state competitive scholarship program for fiscal year
2018-2019
2019-2020 do not lapse on September 30, 2019, 2020, but
continue to be available for the expenditure for state competitive
scholarships
provided in the 2019-2020 2020-2021
fiscal year under
a work project account. The use of these unexpended fiscal year
2018-2019
2019-2020 funds terminates at the end of the 2019-2020
2020-2021 fiscal year.
Sec. 252. (1) The amounts appropriated in section 236 for the
state tuition grant program shall be distributed pursuant to 1966
PA 313, MCL 390.991 to 390.997a.
(2) Tuition grant awards shall be made to all eligible
Michigan residents enrolled in undergraduate degree programs who
are
qualified and who apply before by
March 1 of each year for the
next academic year.
(3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and
subject to subsections (7) and (8), the department of treasury
shall determine an actual maximum tuition grant award per student,
which
shall be no less than $2,400.00, $2,500.00, that ensures that
the aggregate payments for the tuition grant program do not exceed
the appropriation contained in section 236 for the state tuition
grant program. If the department determines that insufficient funds
are available to establish a maximum award amount equal to at least
$2,400.00,
$2,500.00, the department shall immediately report to
the house and senate appropriations subcommittees on higher
education, the house and senate fiscal agencies, and the state
budget director regarding the estimated amount of additional funds
necessary
to establish a $2,400.00 $2,500.00
maximum award amount.
If the department determines that sufficient funds are available to
establish
a maximum award amount equal to at least $2,400.00,
$2,500.00, the department shall immediately report to the house and
senate appropriations subcommittees on higher education, the house
and senate fiscal agencies, and the state budget director regarding
the maximum award amount established and the projected amount of
any projected year-end appropriation balance based on that maximum
award amount. By February 18 of each fiscal year, the department
shall analyze the status of award commitments, shall make any
necessary adjustments, and shall confirm that those award
commitments will not exceed the appropriation contained in section
236 for the tuition grant program. The determination and actions
shall be reported to the state budget director and the house and
senate fiscal agencies no later than the final day of February of
each year. If award adjustments are necessary, the students shall
be notified of the adjustment by March 4 of each year.
(4) Any unexpended and unencumbered funds remaining on
September
30, 2019 2020 from the amounts appropriated in section
236
for the tuition grant program for fiscal year 2018-2019 2019-
2020
do not lapse on September 30, 2019, 2020, but
continue to be
available
for expenditure for tuition grants provided in the 2019-
2020
2020-2021 fiscal year under a work project account.
(5) The department of treasury shall continue a proportional
tuition grant maximum award level for recipients enrolled less than
full-time in a given semester or term.
(6) If the department of treasury increases the maximum award
per eligible student from that provided in the previous fiscal
year, it shall not have the effect of reducing the number of
eligible students receiving awards in relation to the total number
of eligible applicants. Any increase in the maximum grant shall be
proportional for all eligible students receiving awards for that
fiscal year.
(7) Except as provided in subsection (4), the department of
treasury
shall not award more than $4,200,000.00 $4,600,000.00 in
tuition grants to eligible students enrolled in the same
independent nonprofit college or university in this state. Any
decrease in the maximum grant shall be proportional for all
eligible students enrolled in that college or university, as
determined by the department. The limit described in this
subsection does not apply to any other student financial aid
program or in combination with any other student financial aid
program.
(8) The department of treasury shall not award tuition grants
to otherwise eligible students enrolled in an independent college
or university that does not report, in a form and manner directed
by and satisfactory to the department of treasury, by October 31 of
each year, all of the following:
(a) The number of students in the most recently completed
academic year who in any academic year received a state tuition
grant at the reporting institution and successfully completed a
program or graduated.
(b) The number of students in the most recently completed
academic year who in any academic year received a state tuition
grant at the reporting institution and took a remedial education
class.
(c) The number of students in the most recently completed
academic year who in any academic year received a Pell grant at the
reporting institution and successfully completed a program or
graduated.
(9)
By February 1, 2019, 2020,
each independent college and
university participating in the tuition grant program shall report
to the senate and house appropriations subcommittees on higher
education, the senate and house fiscal agencies, and the state
budget director on its efforts to develop and implement sexual
assault response training for the institution's title IX
coordinator, campus law enforcement personnel, campus public safety
personnel, and any other campus personnel charged with responding
to on-campus incidents, including information on sexual assault
response training materials and the status of implementing sexual
assault response training for institutional personnel.
Sec. 256. (1) The funds appropriated in section 236 for the
tuition incentive program shall be distributed as provided in this
section and pursuant to the administrative procedures for the
tuition incentive program of the department of treasury.
(2) As used in this section:
(a) "Phase I" means the first part of the tuition incentive
program defined as the academic period of 80 semester or 120 term
credits, or less, leading to an associate degree or certificate.
Students must be enrolled in a certificate or associate degree
program and taking classes within the program of study for a
certificate or associate degree. Tuition will not be covered for
courses outside of a certificate or associate degree program.
(b) "Phase II" means the second part of the tuition incentive
program which provides assistance in the third and fourth year of
4-year degree programs.
(c) "Department" means the department of treasury.
(d) "High school equivalency certificate" means that term as
defined in section 4.
(3) An individual shall meet the following basic criteria and
financial thresholds to be eligible for tuition incentive program
benefits:
(a) To be eligible for phase I, an individual shall meet all
of the following criteria:
(i) Apply for certification to the department any time after
he or she begins the sixth grade but before August 31 of the school
year in which he or she graduates from high school or before
achieving a high school equivalency certificate.
(ii) Be less than 20 years of age at the time he or she
graduates from high school with a diploma or certificate of
completion or achieves a high school equivalency certificate or,
for students attending a 5-year middle college approved by the
Michigan department of education, be less than 21 years of age when
he or she graduates from high school.
(iii) Be a United States citizen and a resident of this state
according to institutional criteria.
(iv) Be at least a half-time student, earning less than 80
semester or 120 term credits at a participating educational
institution within 4 years of high school graduation or achievement
of a high school equivalency certificate. All program eligibility
expires 6 years from high school graduation or achievement of a
high school equivalency certificate.
(v) Meet the satisfactory academic progress policy of the
educational institution he or she attends.
(b) To be eligible for phase II, an individual shall meet
either of the following criteria in addition to the criteria in
subdivision (a):
(i) Complete at least 56 transferable semester or 84
transferable term credits.
(ii) Obtain an associate degree or certificate at a
participating institution.
(c) To be eligible for phase I or phase II, an individual must
not be incarcerated and must be financially eligible as determined
by the department. An individual is financially eligible for the
tuition incentive program if he or she was eligible for Medicaid
from this state for 24 months within the 36 consecutive months
before application. The department shall accept certification of
Medicaid eligibility only from the department of health and human
services for the purposes of verifying if a person is Medicaid
eligible for 24 months within the 36 consecutive months before
application. Certification of eligibility may begin in the sixth
grade. As used in this subdivision, "incarcerated" does not include
detention of a juvenile in a state-operated or privately operated
juvenile detention facility.
(4) For phase I, the department shall provide payment on
behalf of a person eligible under subsection (3). The department
shall only accept standard per-credit hour tuition billings and
shall reject billings that are excessive or outside the guidelines
for the type of educational institution.
(5) For phase I, all of the following apply:
(a) Payments for associate degree or certificate programs
shall not be made for more than 80 semester or 120 term credits for
any individual student at any participating institution.
(b) For persons enrolled at a Michigan community college, the
department shall pay the current in-district tuition and mandatory
fees. For persons residing in an area that is not included in any
community college district, the out-of-district tuition rate may be
authorized.
(c) For persons enrolled at a Michigan public university, the
department shall pay lower division resident tuition and mandatory
fees for the current year.
(d) For persons enrolled at a Michigan independent, nonprofit
degree-granting college or university, or a Michigan federal
tribally controlled community college, or Focus: HOPE, the
department shall pay mandatory fees for the current year and a per-
credit payment that does not exceed the average community college
in-district per-credit tuition rate as reported on August 1, for
the immediately preceding academic year.
(6) A person participating in phase II may be eligible for
additional funds not to exceed $500.00 per semester or $400.00 per
term up to a maximum of $2,000.00 subject to the following
conditions:
(a) Credits are earned in a 4-year program at a Michigan
degree-granting 4-year college or university.
(b) The tuition reimbursement is for coursework completed
within 30 months of completion of the phase I requirements.
(7) The department shall work closely with participating
institutions to develop an application and eligibility
determination process that will provide the highest level of
participation and ensure that all requirements of the program are
met.
(8) Applications for the tuition incentive program may be
approved at any time after the student begins the sixth grade. If a
determination of financial eligibility is made, that determination
is valid as long as the student meets all other program
requirements and conditions.
(9) Each institution shall ensure that all known available
restricted grants for tuition and fees are used prior to billing
the tuition incentive program for any portion of a student's
tuition and fees.
(10) The department shall ensure that the tuition incentive
program is well publicized and that eligible Medicaid clients are
provided information on the program. The department shall provide
the necessary funding and staff to fully operate the program.
(11) Any unexpended and unencumbered funds remaining on
September
30, 2019 2020 from the amounts appropriated in section
236
for the tuition incentive program for fiscal year 2018-2019
2019-2020
do not lapse on September 30, 2019, 2020, but
continue to
be available for expenditure for tuition incentive program funds
provided
in the 2019-2020 2020-2021
fiscal year under a work
project
account. The use of these unexpended fiscal year 2018-2019
2019-2020
funds terminates at the end of the 2019-2020
2020-2021
fiscal year.
(12) The department of treasury shall collaborate with the
center to use the P-20 longitudinal data system to report the
following information for each qualified postsecondary institution:
(a) The number of phase I students in the most recently
completed academic year who in any academic year received a tuition
incentive program award and who successfully completed a degree or
certificate program. Cohort graduation rates for phase I students
shall be calculated using the established success rate methodology
developed by the center in collaboration with the postsecondary
institutions.
(b) The number of students in the most recently completed
academic year who in any academic year received a Pell grant at the
reporting institution and who successfully completed a degree or
certificate program. Cohort graduation rates for students who
received Pell grants shall be calculated using the established
success rate methodology developed by the center in collaboration
with the postsecondary institutions.
(13) If a qualified postsecondary institution does not report
the data necessary to comply with subsection (12) to the P-20
longitudinal data system, the institution shall report, in a form
and manner satisfactory to the department of treasury and the
center, all of the information needed to comply with subsection
(12)
by December 1, 2019.2020.
(14) Beginning in fiscal year 2019-2020, if a qualified
postsecondary institution does not report the data necessary to
complete the reporting in subsection (12) to the P-20 longitudinal
data system by October 15 for the prior academic year, the
department of treasury shall not award phase I tuition incentive
program funding to otherwise eligible students enrolled in that
institution until the data are submitted.
Sec. 263. (1) Included in the appropriation in section 236 for
fiscal
year 2018-2019 2019-2020 for MSU AgBioResearch is
$2,982,900.00 and included in the appropriation in section 236 for
MSU Extension is $2,645,200.00 for Project GREEEN. Project GREEEN
is intended to address critical regulatory, food safety, economic,
and environmental problems faced by this state's plant-based
agriculture, forestry, and processing industries. "GREEEN" is an
acronym for Generating Research and Extension to Meet Environmental
and Economic Needs.
(2) The department of agriculture and rural development and
Michigan State University, in consultation with agricultural
commodity groups and other interested parties, shall develop
Project GREEEN and its program priorities.
Sec. 264. Included in the appropriation in section 236 for
fiscal
year 2018-2019 2019-2020 for Michigan State University is
$80,000.00 for the Michigan Future Farmers of America Association.
This $80,000.00 allocation shall not supplant any existing support
that Michigan State University provides to the Michigan Future
Farmers of America Association.
Sec. 265. (1) Payments under section 265a for performance
funding
for fiscal years 2018-2019, 2019-2020, and 2020-2021, 2021-
2022 shall only be made to a public university that certifies to
the
state budget director by August 31, 2018 2019 that its board
did not adopt an increase in tuition and fee rates for resident
undergraduate
students after September 1, 2017 2018 for the 2017-
2018
2018-2019 academic year and that its board will not adopt an
increase in tuition and fee rates for resident undergraduate
students
for the 2018-2019 2019-2020
academic year that is greater
than
3.8% 4.4% or $490.00, $587.00, whichever is
greater. As used
in this subsection:
(a) "Fee" means any board-authorized fee that will be paid by
more than 1/2 of all resident undergraduate students at least once
during their enrollment at a public university, as described in the
higher education institutional data inventory (HEIDI) user manual.
A university increasing a fee that applies to a specific subset of
students or courses shall provide sufficient information to prove
that the increase applied to that subset will not cause the
increase in the average amount of board-authorized total tuition
and
fees paid by resident undergraduate students in the 2018-2019
2019-2020 academic year to exceed the limit established in this
subsection.
(b) "Tuition and fee rate" means the average of full-time
rates paid by a majority of students in each undergraduate class,
based on an unweighted average of the rates authorized by the
university board and actually charged to students, deducting any
uniformly rebated or refunded amounts, for the 2 semesters with the
highest levels of full-time equated resident undergraduate
enrollment during the academic year, as described in the higher
education institutional data inventory (HEIDI) user manual.
(2) The state budget director shall implement uniform
reporting requirements to ensure that a public university receiving
a payment under section 265a for performance funding has satisfied
the tuition restraint requirements of this section. The state
budget director shall have the sole authority to determine if a
public university has met the requirements of this section.
Information reported by a public university to the state budget
director under this subsection shall also be reported to the house
and senate appropriations subcommittees on higher education and the
house and senate fiscal agencies.
(3) Universities that exceed the tuition and fee rate cap
described in subsection (1) shall not receive a planning or
construction authorization for a state-funded capital outlay
project
in fiscal year 2019-2020, fiscal year 2020-2021, or fiscal
year
2021-2022, or 2022-2023.
(4)
Notwithstanding any other provision of this act, the
legislature
may at any time adjust appropriations for a university
that
adopts an increase in tuition and fee rates for resident
undergraduate
students that exceeds the rate cap established in
subsection
(1).
Sec. 265a. (1) Appropriations to public universities in
section
236 for fiscal years 2018-2019, 2019-2020, and 2020-2021,
and 2021-2022 for performance funding shall be paid only to a
public university that complies with section 265 and certifies to
the state budget director, the house and senate appropriations
subcommittees on higher education, and the house and senate fiscal
agencies
by August 31, 2018 2019 that it complies with all of the
following requirements:
(a) The university participates in reverse transfer agreements
described in section 286 with at least 3 Michigan community
colleges.
(b) The university does not and will not consider whether dual
enrollment credits earned by an incoming student were utilized
towards his or her high school graduation requirements when making
a determination as to whether those credits may be used by the
student toward completion of a university degree or certificate
program.
(c) The university actively participates in and submits timely
updates to the Michigan Transfer Network created as part of the
Michigan Association of Collegiate Registrars and Admissions
Officers transfer agreement.
(2) Any performance funding amounts under section 236 that are
not paid to a public university because it did not comply with 1 or
more requirements under subsection (1) are unappropriated and
reappropriated for performance funding to those public universities
that meet the requirements under subsection (1), distributed in
proportion to their performance funding appropriation amounts under
section 236.
(3) The state budget director shall report to the house and
senate appropriations subcommittees on higher education and the
house
and senate fiscal agencies by September 30, 2018, 2019,
regarding any performance funding amounts that are not paid to a
public university because it did not comply with 1 or more
requirements under subsection (1) and any reappropriation of funds
under subsection (2).
(4) Performance funding amounts described in section 236 are
distributed based on the following formula:
(a) Proportional to each university's share of total
operations funding appropriated in fiscal year 2010-2011, 50%.
(b) Based on weighted undergraduate completions in critical
skills areas, 11.1%.
(c) Based on research and development expenditures, for
universities classified in Carnegie classifications as doctoral
universities: moderate research activity, doctoral universities:
higher research activity, or doctoral universities: highest
research activity only, 5.6%.
(d) Based on 6-year graduation rate, total degree completions,
and institutional support as a percentage of core expenditures, and
the percentage of students receiving Pell grants, scored against
national Carnegie classification peers and weighted by total
undergraduate fiscal year equated students, 33.3%.
(5) For purposes of determining the score of a university
under subsection (4)(d), each university is assigned 1 of the
following scores:
(a) A university classified as in the top 20%, a score of 3.
(b) A university classified as above national median, a score
of 2.
(c) A university classified as improving, a score of 2. It is
the
intent of the legislature that, beginning in the 2019-2020
2020-2021 state fiscal year, a university classified as improving
is assigned a score of 1.
(d) A university that is not included in subdivision (a), (b),
or (c), a score of 0.
(6) As used in this section, "Carnegie classification" means
the basic classification of the university according to the most
recent version of the Carnegie classification of institutions of
higher education, published by the Carnegie Foundation for the
Advancement of Teaching.
(7) It is the intent of the legislature to allocate more
funding based on an updated set of performance metrics in future
years.
Sec. 265b. (1) Appropriations to public universities in
section
236 for the fiscal year ending September 30, 2019 2020 for
operations funding shall be reduced by 10% pursuant to the
procedures described in subdivision (a) for a public university
that fails to submit certification to the state budget director,
the house and senate appropriations subcommittees on higher
education, and the house and senate fiscal agencies by August 31,
2018
2019 that the university complies with sections 274c and
274d
and that it complies with all of the requirements described in
subdivisions (b) to (i), as follows:
(a) If a university fails to submit certification, the state
budget director shall withhold 10% of that university's annual
operations funding until the university submits certification. If a
university fails to submit certification by the end of the fiscal
year, the 10% of its annual operations funding that is withheld
shall lapse to the general fund.
(b) For title IX investigations of alleged sexual misconduct,
the university prohibits the use of medical experts that have an
actual or apparent conflict of interest.
(c) For title IX investigations of alleged sexual misconduct,
the university prohibits the issuance of divergent reports to
complainants, respondents, and administration and instead requires
that identical reports be issued to them.
(d) Consistent with the university's obligations under 20 USC
1092(f), the university notifies each individual who reports having
experienced sexual assault by a student, faculty member, or staff
member of the university that the individual has the option to
report the matter to law enforcement, to the university, to both,
or to neither, as the individual may choose.
(e) The university provides both of the following:
(i) For all freshmen and incoming transfer students enrolled,
an in-person sexual misconduct prevention presentation or course,
which must include contact information for the title IX office of
the university.
(ii) For all students not considered freshmen or incoming
transfer students, an online or electronic sexual misconduct
prevention presentation or course.
(f) The university prohibits seeking compensation from the
recipient of any medical procedure, treatment, or care provided by
a medical professional who has been convicted of a felony arising
out of the medical procedure, treatment, or care.
(g)
The university has or plans to have had a third party
review its title IX compliance office and related policies and
procedures by the end of the 2018-2019 academic year. A copy of the
third-party review shall be transmitted to the state budget
director, the house and senate appropriations subcommittees on
higher education, and the house and senate fiscal agencies. After
the third-party review has been conducted for the 2018-2019
academic year, the university shall have a third-party review once
every three years and a copy of the third-party review shall be
transmitted to the state budget director, the house and senate
appropriations subcommittees on higher education, and the house and
senate fiscal agencies.
(h) The university requires that the governing board and the
president or chancellor of the university receive not less than
quarterly reports from their title IX coordinator or title IX
office. The report shall contain aggregated data of the number of
sexual misconduct reports that the office received for the academic
year, the types of reports received, including reports received
against employees, and a summary of the general outcomes of the
reports and investigations. A member of the governing board may
request to review a title IX investigation report involving a
complaint against an employee, and the university shall provide the
report in a manner it considers appropriate. The university shall
protect the complainant's anonymity, and the report shall not
contain specific identifying information.
(i) If allegations against an employee are made in more than 1
title IX complaint that resulted in the university finding that no
misconduct occurred, the university requires that the title IX
officer promptly notify the president or chancellor and a member of
the university's governing board in writing and take all
appropriate steps to ensure that the matter is being investigated
thoroughly, including hiring an outside investigator for future
cases involving that employee. A third-party title IX investigation
under this subdivision does not prohibit the university from
simultaneously conducting its own title IX investigation through
its own title IX coordinator.
(2) Each public university that receives an appropriation in
section 236 shall also certify that its president or chancellor and
a member of its governing board has reviewed all title IX reports
involving the alleged sexual misconduct of an employee of the
university, and shall send the certification to the house and
senate appropriations subcommittees on higher education, the house
and senate fiscal agencies, and the state budget director by August
31,
2018.2019.
(3) For purposes of this section, "sexual misconduct"
includes, but is not limited to, any of the following:
(a) Intimate partner violence.
(b) Nonconsensual sexual conduct.
(c) Sexual assault.
(d) Sexual exploitation.
(e) Sexual harassment.
(f) Stalking.
Sec.
265c. By February 1, 2019, 2020,
the Michigan Community
College Association, the Michigan Association of State
Universities, and the Michigan Independent Colleges and
Universities, on behalf of their member colleges and universities,
shall submit to the senate and house appropriations subcommittees
on higher education, the senate and house appropriations
subcommittees on community colleges, the senate and house fiscal
agencies, and the state budget director a comprehensive report
detailing the number of academic program partnerships between
public community colleges, public universities, and private
colleges and universities, including, but not limited to, the
following information:
(a) The names of the baccalaureate degree programs of study
offered by public and private universities on community college
campuses.
(b) The names of the articulation agreements for baccalaureate
degree programs of study between public community colleges, public
universities, and private colleges and universities.
(c) The number of students enrolled and number of degrees
awarded through articulation agreements, and the number of courses
offered, number of students enrolled, and number of degrees awarded
through on-campus programs named in subdivision (a) from July 1,
2017
2018 through June 30, 2018.2019.
Sec.
265d. The legislature encourages each Each public
university that receives an appropriation in section 236 is
encouraged to enter into a memorandum of understanding with at
least 1 local law enforcement agency with jurisdiction on or around
campus for the communication and coordination of responses to
incidents of sexual assault.
Sec. 267. All public universities shall submit the amount of
tuition and fees actually charged to a full-time resident
undergraduate
student for academic year 2018-2019 2019-2020 as part
of their higher education institutional data inventory (HEIDI) data
by August 31 of each year. A public university shall report any
revisions
for any semester of the reported academic year 2018-2019
2019-2020 tuition and fee charges to HEIDI within 15 days of being
adopted.
Sec.
268. (1) For the fiscal year ending September 30, 2019,
2020, it is the intent of the legislature that funds be allocated
for unfunded North American Indian tuition waiver costs incurred by
public universities under 1976 PA 174, MCL 390.1251 to 390.1253,
from the general fund.
(2) Appropriations in section 236(7)(f) for North American
Indian tuition waivers shall be paid to universities under section
2a of 1976 PA 174, MCL 390.1252a. Allocations shall be adjusted for
amounts included in university operations appropriations. If funds
are insufficient to support the entire cost of waivers, amounts
shall be prorated proportionate to each institution's shortfall as
a
percentage of its fiscal year 2018-2019 2019-2020 state
appropriation for operations.
(3) By February 15 of each year, the department of civil
rights shall annually submit to the state budget director, the
house and senate appropriations subcommittees on higher education,
and the house and senate fiscal agencies a report on North American
Indian tuition waivers for the preceding academic year that
includes, but is not limited to, all of the following information:
(a) The number of waiver applications received and the number
of waiver applications approved.
(b) For each university submitting information under
subsection (4), all of the following:
(i) The number of graduate and undergraduate North American
Indian students enrolled each term for the previous academic year.
(ii) The number of North American Indian waivers granted each
term, including to continuing education students, and the monetary
value of the waivers for the previous academic year.
(iii) The number of graduate and undergraduate students
attending under a North American Indian tuition waiver who withdrew
from the university each term during the previous academic year.
For purposes of this subparagraph, a withdrawal occurs when a
student who has been awarded the waiver withdraws from the
institution at any point during the term, regardless of enrollment
in subsequent terms.
(iv) The number of graduate and undergraduate students
attending under a North American Indian tuition waiver who
successfully complete a degree or certificate program, separated by
degree or certificate level, and the graduation rate for graduate
and undergraduate students attending under a North American Indian
tuition waiver who complete a degree or certificate within 150% of
the normal time to complete, separated by the level of the degree
or certificate.
(4) A public university that receives funds under section 236
shall provide to the department of civil rights any information
necessary for preparing the report detailed in subsection (3),
using guidelines and procedures developed by the department of
civil rights.
(5) The department of civil rights may consolidate the report
required under this section with the report required under section
223, but a consolidated report must separately identify data for
universities and data for community colleges.
Sec.
269. For fiscal year 2018-2019, 2019-2020,
from the
amount appropriated in section 236 to Central Michigan University
for operations, $29,700.00 shall be paid to Saginaw Chippewa Tribal
College for the costs of waiving tuition for North American Indians
under 1976 PA 174, MCL 390.1251 to 390.1253.
Sec.
270. For fiscal year 2018-2019, 2019-2020,
from the
amount appropriated in section 236 to Lake Superior State
University for operations, $100,000.00 shall be paid to Bay Mills
Community College for the costs of waiving tuition for North
American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.
Sec. 274. It is the intent of the legislature that public and
private organizations that conduct human embryonic stem cell
derivation subject to section 27 of article I of the state
constitution of 1963 will provide information to the director of
the
department of health and human services by December 1, 2018
2019 that includes all of the following:
(a) Documentation that the organization conducting human
embryonic stem cell derivation is conducting its activities in
compliance with the requirements of section 27 of article I of the
state constitution of 1963 and all relevant National Institutes of
Health guidelines pertaining to embryonic stem cell derivation.
(b) A list of all human embryonic stem cell lines submitted by
the organization to the National Institutes of Health for inclusion
in the Human Embryonic Stem Cell Registry before and during fiscal
year
2017-2018, 2018-2019, and the status of each submission as
approved, pending approval, or review completed but not yet
accepted.
(c) Number of human embryonic stem cell lines derived and not
submitted for inclusion in the Human Embryonic Stem Cell Registry,
before
and during fiscal year 2017-2018.2018-2019.
Sec.
274c. By February 1, 2019, 2020,
each university
receiving funds under section 236 shall report to the senate and
house appropriations subcommittees on higher education, the senate
and house fiscal agencies, and the state budget director on its
efforts to develop and implement sexual assault response training
for the university's title IX coordinator, campus law enforcement
personnel, campus public safety personnel, and any other campus
personnel charged with responding to on-campus incidents, including
information on sexual assault response training materials and the
status of implementing sexual assault response training for campus
personnel.
Sec. 275d. The legislature urges each university that receives
an appropriation in section 236 to not take disciplinary action
against an employee for communicating with a member of the
legislature or a legislator's staff.
Sec. 276. (1) Included in the appropriation for fiscal year
2018-2019
2019-2020 for each public university in section 236 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
future faculty program that is intended to increase the pool of
academically or economically disadvantaged candidates pursuing
faculty teaching careers in postsecondary education. Preference may
not be given to applicants on the basis of race, color, ethnicity,
gender, or national origin. Institutions should encourage
applications from applicants who would otherwise not adequately be
represented in the graduate student and faculty populations. Each
public university shall apply the percentage change applicable to
every public university in the calculation of appropriations in
section 236 to the amount of funds allocated to the future faculty
program.
(2) The program shall be administered by each public
university in a manner prescribed by the workforce development
agency. The workforce development agency shall use a good faith
effort standard to evaluate whether a fellowship is in default.
Sec. 277. (1) Included in the appropriation for fiscal year
2018-2019
2019-2020 for each public university in section 236 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
college day program that is intended to introduce academically or
economically disadvantaged schoolchildren to the potential of a
college education. Preference may not be given to participants on
the basis of race, color, ethnicity, gender, or national origin.
Public universities should encourage participation from those who
would otherwise not adequately be represented in the student
population.
(2) Individual program plans of each public university shall
include a budget of equal contributions from this program, the
participating public university, the participating school district,
and the participating independent degree-granting college. College
day funds shall not be expended to cover indirect costs. Not more
than 20% of the university match shall be attributable to indirect
costs. Each public university shall apply the percentage change
applicable to every public university in the calculation of
appropriations in section 236 to the amount of funds allocated to
the college day program.
(3) The program described in this section shall be
administered by each public university in a manner prescribed by
the workforce development agency.
Sec.
278. (1) Included in section 236 for fiscal year 2018-
2019
2019-2020 is funding for the Martin Luther King, Jr. - Cesar
Chavez - Rosa Parks select student support services program for
developing academically or economically disadvantaged student
retention programs for 4-year public and independent educational
institutions in this state. Preference may not be given to
participants on the basis of race, color, ethnicity, gender, or
national origin. Institutions should encourage participation from
those who would otherwise not adequately be represented in the
student population.
(2) An award made under this program to any 1 institution
shall not be greater than $150,000.00, and the amount awarded shall
be matched on a 70% state, 30% college or university basis.
(3) The program described in this section shall be
administered by the workforce development agency.
Sec.
279. (1) Included in section 236 for fiscal year 2018-
2019
2019-2020 is funding for the Martin Luther King, Jr. - Cesar
Chavez - Rosa Parks college/university partnership program between
4-year public and independent colleges and universities and public
community colleges, which is intended to increase the number of
academically or economically disadvantaged students who transfer
from community colleges into baccalaureate programs. Preference may
not be given to participants on the basis of race, color,
ethnicity, gender, or national origin. Institutions should
encourage participation from those who would otherwise not
adequately be represented in the transfer student population.
(2) The grants shall be made under the program described in
this section to Michigan public and independent colleges and
universities. An award to any 1 institution shall not be greater
than $150,000.00, and the amount awarded shall be matched on a 70%
state, 30% college or university basis.
(3) The program described in this section shall be
administered by the workforce development agency.
Sec. 280. (1) Included in the appropriation for fiscal year
2018-2019
2019-2020 for each public university in section 236 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
visiting professors program which is intended to increase the
number of instructors in the classroom to provide role models for
academically or economically disadvantaged students. Preference may
not be given to participants on the basis of race, color,
ethnicity, gender, or national origin. Public universities should
encourage participation from those who would otherwise not
adequately be represented in the student population.
(2) The program described in this section shall be
administered by the workforce development agency.
Sec. 281. (1) Included in the appropriation for fiscal year
2018-2019
2019-2020 in section 236 is funding under the Martin
Luther King, Jr. - Cesar Chavez - Rosa Parks initiative for the
Morris Hood, Jr. educator development program which is intended to
increase the number of academically or economically disadvantaged
students who enroll in and complete K-12 teacher education programs
at the baccalaureate level. Preference may not be given to
participants on the basis of race, color, ethnicity, gender, or
national origin. Institutions should encourage participation from
those who would otherwise not adequately be represented in the
teacher education student population.
(2) The program described in this section shall be
administered by each state-approved teacher education institution
in a manner prescribed by the workforce development agency.
(3) Approved teacher education institutions may and are
encouraged to use student support services funding in coordination
with the Morris Hood, Jr. funding to achieve the goals of the
program described in this section.
Sec. 282. Each institution receiving funds for fiscal year
2018-2019
2019-2020 under section 278, 279, or 281 shall provide to
the
workforce development agency by April 15, 2019 2020 the
unobligated
and unexpended funds as of March 31, 2019 2020 and a
plan to expend the remaining funds by the end of the fiscal year.
Notwithstanding the award limitations in sections 278 and 279, the
amount of funding reported as not being expended will be
reallocated to the institutions that intend to expend all funding
received under section 278, 279, or 281.
Sec.
289. (1) Not less than At
least once every 4 years, the
auditor general shall audit higher education institutional data
inventory (HEIDI) data submitted by all public universities under
section 241 and may perform audits of selected public universities
if determined necessary. The audits shall be based upon the
definitions, requirements, and uniform reporting categories
established by the state budget director in consultation with the
HEIDI advisory committee. The auditor general shall submit a report
of findings to the house and senate appropriations committees and
the state budget director no later than July 1 of each year an
audit takes place.
(2) Student credit hours reports shall not include the
following:
(a) Student credit hours generated through instructional
activity by faculty or staff in classrooms located outside
Michigan, with the exception of instructional activity related to
study-abroad programs or field programs.
(b) Student credit hours generated through distance learning
instruction for students not eligible for the public university's
in-state main campus resident tuition rate. However, in instances
where a student is enrolled in distance education and non-distance
education credit hours in a given term and the student's non-
distance education enrollment is at a campus or site located within
Michigan, student credit hours per the student's eligibility for
in-state or out-of-state tuition rates may be reported.
(c) Student credit hours generated through credit by
examination.
(d)
Student credit hours generated through inmate prison
programs
regardless of teaching location.
(d) (e)
Student credit hours generated in
new degree programs
created on or after January 1, 1975 and before January 1, 2013,
that were not specifically authorized for funding by the
legislature, except spin-off programs converted from existing core
programs, and student credit hours generated in any new degree
programs created after January 1, 2013, that are specifically
excluded from reporting by the legislature under this section.
(3) "Distance learning instruction" as used in subsection (2)
means instruction that occurs solely in other than a traditional
classroom setting where the student and instructor are in the same
physical location and for which a student receives course credits
and is charged tuition and fees. Examples of distance learning
instruction are instruction delivered solely through the internet,
cable television, teleconference, or mail.
Enacting section 1. In accordance with section 30 of article
IX of the state constitution of 1963, total state spending from
state sources for higher education for fiscal year 2019-2020 under
article III of the state school aid act of 1979, 1979 PA 94, MCL
388.1836 to 388.1891, is estimated at $1,564,975,400.00 and the
amount of that state spending from state sources to be paid to
local units of government for fiscal year 2019-2020 is estimated at
$0.
Enacting section 2. Sections 236b and 265e of the state school
aid act of 1979, 1979 PA 94, MCL 388.1836b and 388.1865e, are
repealed effective October 1, 2019.
Enacting section 3. This amendatory act takes effect October
1, 2019.