Bill Text: MI SB1157 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Appropriations; higher education; higher education; provide for fiscal year 2010-2011. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-11-03 - Assigned Pa 0203'10 With Immediate Effect [SB1157 Detail]
Download: Michigan-2009-SB1157-Engrossed.html
SB-1157, As Passed Senate, March 23, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1157
A bill to make appropriations for the state institutions of
higher education and certain state purposes related to education
for the fiscal year ending September 30, 2011; to provide for the
expenditures of those appropriations; and to prescribe the powers
and duties of certain state departments, institutions, agencies,
employees, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for higher education
for the fiscal year ending September 30, 2011, from the funds
indicated in this part.
HIGHER EDUCATION
APPROPRIATION SUMMARY
Full-time equated classified positions............ 1.0
GROSS APPROPRIATION.................................... $ 1,569,438,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 1,569,438,500
Federal revenues:
Total federal revenues................................. 11,800,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 30,400,000
State general fund/general purpose..................... $ 1,527,238,500
SUBPART A – RESEARCH UNIVERSITIES
Sec. 102. MICHIGAN STATE UNIVERSITY
Operations............................................. $ 282,692,500
Agricultural experiment station........................ 33,126,700
Cooperative extension service.......................... 28,572,200
GROSS APPROPRIATION.................................... $ 344,391,400
Appropriated from:
State general fund/general purpose..................... $ 344,391,400
Sec. 103. UNIVERSITY OF MICHIGAN - ANN ARBOR
Operations............................................. $ 315,147,800
GROSS APPROPRIATION.................................... $ 315,147,800
Appropriated from:
State general fund/general purpose..................... $ 315,147,800
Sec. 104. WAYNE STATE UNIVERSITY
Operations............................................. $ 213,421,900
GROSS APPROPRIATION.................................... $ 213,421,900
Appropriated from:
State general fund/general purpose..................... $ 213,421,900
SUBPART B – STATE UNIVERSITIES
Sec. 105. CENTRAL MICHIGAN UNIVERSITY
Operations............................................. $ 79,851,600
GROSS APPROPRIATION.................................... $ 79,851,600
Appropriated from:
State general fund/general purpose..................... $ 79,851,600
Sec. 106. EASTERN MICHIGAN UNIVERSITY
Operations............................................. $ 75,760,200
GROSS APPROPRIATION.................................... $ 75,760,200
Appropriated from:
State general fund/general purpose..................... $ 75,760,200
Sec. 107. FERRIS STATE UNIVERSITY
Operations............................................. $ 48,449,100
GROSS APPROPRIATION.................................... $ 48,449,100
Appropriated from:
State general fund/general purpose..................... $ 48,449,100
Sec. 108. GRAND VALLEY STATE UNIVERSITY
Operations............................................. $ 61,759,500
GROSS APPROPRIATION.................................... $ 61,759,500
Appropriated from:
State general fund/general purpose..................... $ 61,759,500
Sec. 109. LAKE SUPERIOR STATE UNIVERSITY
Operations............................................. $ 12,649,800
GROSS APPROPRIATION.................................... $ 12,649,800
Appropriated from:
State general fund/general purpose..................... $ 12,649,800
Sec. 110. MICHIGAN TECHNOLOGICAL UNIVERSITY
Operations............................................. $ 47,756,500
GROSS APPROPRIATION.................................... $ 47,756,500
Appropriated from:
State general fund/general purpose..................... $ 47,756,500
Sec. 111. NORTHERN MICHIGAN UNIVERSITY
Operations............................................. $ 44,982,400
GROSS APPROPRIATION.................................... $ 44,982,400
Appropriated from:
State general fund/general purpose..................... $ 44,982,400
Sec. 112. OAKLAND UNIVERSITY
Operations............................................. $ 50,583,700
GROSS APPROPRIATION.................................... $ 50,583,700
Appropriated from:
State general fund/general purpose..................... $ 50,583,700
Sec. 113. SAGINAW VALLEY STATE UNIVERSITY
Operations............................................. $ 27,623,700
GROSS APPROPRIATION.................................... $ 27,623,700
Appropriated from:
State general fund/general purpose..................... $ 27,623,700
Sec. 114. UNIVERSITY OF MICHIGAN - DEARBORN
Operations............................................. $ 24,639,700
GROSS APPROPRIATION.................................... $ 24,639,700
Appropriated from:
State general fund/general purpose..................... $ 24,639,700
Sec. 115. UNIVERSITY OF MICHIGAN - FLINT
Operations............................................. $ 20,824,900
GROSS APPROPRIATION.................................... $ 20,824,900
Appropriated from:
State general fund/general purpose..................... $ 20,824,900
Sec. 116. WESTERN MICHIGAN UNIVERSITY
Operations............................................. $ 109,231,600
GROSS APPROPRIATION.................................... $ 109,231,600
Appropriated from:
State general fund/general purpose..................... $ 109,231,600
SUBPART C – GRANTS AND FINANCIAL AID
Sec. 117. STATE AND REGIONAL PROGRAMS
Full-time equated positions...................... 1.0
Higher education database modernization and
conversion--1.0 FTE position......................... $ 105,000
Midwestern higher education compact.................... 95,000
GROSS APPROPRIATION.................................... $ 200,000
Appropriated from:
State general fund/general purpose..................... $ 200,000
Sec. 118. MARTIN LUTHER KING, JR. - CESAR CHAVEZ -
ROSA PARKS PROGRAM
Select student supportive services..................... $ 1,956,100
Michigan college/university partnership program........ 586,800
Morris Hood, Jr. educator development program.......... 148,600
GROSS APPROPRIATION.................................... $ 2,691,500
Appropriated from:
State general fund/general purpose..................... $ 2,691,500
Sec. 119. GRANTS AND FINANCIAL AID
State competitive scholarships......................... $ 16,208,500
Tuition grants......................................... 31,664,700
Robert C. Byrd honors scholarship program.............. 1,500,000
Tuition incentive program.............................. 37,400,000
Children of veterans and officer's survivor tuition
grant programs....................................... 1,200,000
Project gear-up........................................ 1,500,000
GROSS APPROPRIATION.................................... $ 89,473,200
Appropriated from:
Federal revenues:
Higher education act of 1965, title IV, 20 USC......... 1,500,000
Higher education act of 1965, title IV, part A......... 1,500,000
United States department of education, office of
elementary and secondary education, gear-up.......... 1,500,000
Temporary assistance for needy families................ 7,300,000
Special revenue funds:
Michigan merit award trust fund........................ 30,100,000
Contributions to children of veterans tuition grant
program.............................................. 300,000
State general fund/general purpose..................... $ 47,273,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under this act for fiscal year 2010-2011 is $1,557,638,500.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $0.
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act, "research university" means a
public university classified as a "research university (very high
research activity)" under the 2005 classification of institutions
of higher education conducted by the Carnegie foundation for the
advancement of teaching.
Sec. 208. Unless otherwise specified, public universities
receiving appropriations in part 1 shall use the Internet to
fulfill the reporting requirements of this act. This requirement
may include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it may
include placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods and
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
value. In addition, preference shall be given to goods or services,
or both, that are manufactured or provided by Michigan businesses
owned and operated by veterans if they are competitively priced and
of comparable quality.
Sec. 210. It is the intent of the legislature that the funds
appropriated in part 1 to state institutions of higher education
shall not be used to enter into a lease or to purchase a vehicle
assembled or manufactured outside of the United States if
competitively priced and comparable quality vehicles made in this
state or elsewhere in the United States are available.
Sec. 212. (1) The funds appropriated in part 1 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, 2010.
Except for Wayne State University, each institution shall accrue
its July and August 2011 payments to its institutional fiscal year
ending June 30, 2011.
(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, 2010, these data shall be submitted to the
state budget director by October 15, 2010. Public universities with
a fiscal year ending September 30, 2010 shall submit preliminary
HEIDI data by November 15, 2010 and final data by December 15,
2010. If a public university fails to submit HEIDI data and
associated financial aid program information in accordance with
this reporting schedule, the state treasurer shall withhold the
monthly installments under subsection (1) to the public university
until those data are submitted.
(3) A detailed description of procedures utilized to arrive at
the amounts appropriated in part 1 shall be submitted to each
institution by the senate and house fiscal agencies.
Sec. 213. Funds received by the state from the federal
government or private sources for the use of a college or
university are appropriated for the purposes for which they are
provided. The acceptance and use of federal or private funds do not
place an obligation upon the legislature to continue the purposes
for which the funds are made available.
Sec. 214. If section 274 of the income tax act of 1967, 1967
PA 281, MCL 206.274, is not repealed and if a public university
that receives funds under this act notifies the department of
treasury regarding its tuition and fee rates in order to qualify as
an eligible institution for the Michigan tuition tax credit under
section 274 of the income tax act of 1967, 1967 PA 281, MCL
206.274, the public university shall also submit the notification
and applicable documentation of tuition and fee changes to the
house and senate fiscal agencies.
Sec. 215. A public university that receives funds under this
act shall furnish all program and financial information that is
required by and in a manner prescribed by the state budget director
or the house or senate appropriations committee.
Sec. 216. A public university receiving funds in part 1 shall
cooperate with all measures taken by the state to establish a
statewide P-20 education longitudinal data system to comply with
the state fiscal stabilization fund provisions of the American
recovery and reinvestment act of 2009, Public Law 111-5.
GRANTS AND FINANCIAL AID
Sec. 301. (1) Payments of the amounts included in part 1 for
the state competitive scholarship program shall be distributed
pursuant to 1964 PA 208, MCL 390.971 to 390.981.
(2) The Michigan higher education assistance authority shall
implement a proportional competitive scholarship maximum award
level for recipients enrolled less than full-time in a given
semester or term.
(3) 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.
(4) If the Michigan higher education assistance authority
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.
(5) 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.
Sec. 302. (1) The amounts appropriated in part 1 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
apply before July 1, 2010 and who are qualified. Tuition grant
awards shall not be made to students newly enrolled in a juris
doctor law degree program after the 1995-1996 academic year.
(3) Subject to subsection (7), the Michigan higher education
assistance authority shall determine an actual maximum tuition
grant award per student, which shall be no less than $2,100.00,
that ensures that the aggregate payments for the tuition grant
program do not exceed the appropriation contained in part 1 for the
state tuition grant program. If the authority determines that
insufficient funds are available to establish a maximum award
amount of $2,100.00, the authority 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 $2,100.00 maximum award amount. By
December 15, 2010, and again by February 1, 2011, the authority
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 part 1
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 February 15, 2011. If award
adjustments are necessary, the students shall be notified of the
adjustment by the third Monday in February.
(4) Any unexpended and unencumbered funds remaining on
September 30, 2011 from the amounts appropriated in part 1 for the
tuition grant program shall not lapse on September 30, 2011, but
shall continue to be available for expenditure for tuition grants
provided in the 2011-2012 fiscal year under a work project account.
The use of these unexpended fiscal year 2010-2011 funds shall
terminate at the end of the 2011-2012 fiscal year.
(5) The Michigan higher education assistance authority 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 Michigan higher education assistance authority
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 fiscal year 2010-2011.
(7) The Michigan higher education assistance authority shall
not award more than $3,000,000.00 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.
Sec. 307. The auditor general may audit selected enrollments,
degrees, and awards at selected independent colleges and
universities receiving awards administered by the department of
treasury. The audits shall be based upon definitions and
requirements established by the Michigan higher education
assistance authority, the state budget director, and the senate and
house fiscal agencies. The auditor general shall accept the Free
Application for Federal Student Aid (FAFSA) form as the standard of
residency documentation. The auditor general shall submit a report
of findings to the senate and house appropriations committees and
state budget director by May 1, 2011.
Sec. 308. The sums appropriated in part 1 for the student
financial aid programs shall be paid out of the state treasury and
shall be distributed to the respective institutions under a
quarterly payment system as follows:
(a) For the state competitive scholarship, tuition incentive,
and tuition grant programs, 40% shall be paid at the beginning of
the state's first fiscal quarter, 40% at the beginning of the
state's second fiscal quarter, l0% at the beginning of the state's
third fiscal quarter, and l0% at the beginning of the state's
fourth fiscal quarter.
(b) For the Robert C. Byrd honors scholarship program, 50%
shall be paid at the beginning of the state's first fiscal quarter
and 50% at the beginning of the state's second fiscal quarter.
Sec. 309. The Michigan higher education assistance authority
shall determine the needs analysis criteria for students to qualify
for the state competitive scholarship program and tuition grant
program. To be consistent with federal requirements, student wages
may be taken into consideration when determining the amount of the
award.
Sec. 310. (1) The funds appropriated in part 1 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
assistance program defined as the academic period of 80 semester or
120 term credits, or less, leading to an associate degree or
certificate.
(b) "Phase II" means the second part of the tuition incentive
assistance program which provides assistance in the third and
fourth year of 4-year degree programs.
(c) "Department" means the department of treasury.
(3) A person shall meet the following basic criteria and
financial thresholds to be eligible for tuition incentive benefits:
(a) To be eligible for phase I, a person shall meet all of the
following criteria:
(i) Apply for certification to the department before graduating
from high school or completing the general education development
(GED) certificate.
(ii) Be less than 20 years of age at the time of high school
graduation or GED completion.
(iii) Be a United States citizen and a resident of Michigan
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 GED
certificate completion.
(v) Request information on filing a FAFSA.
(b) To be eligible for phase II, a person 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, a person must not
be incarcerated and must be financially eligible as determined by
the department. A person is financially eligible for the tuition
incentive program if that person was Medicaid eligible for 24
months within the 36 months before application. Certification of
eligibility may begin in the sixth grade.
(4) For phase I, the department shall provide payment on
behalf of a person eligible under subsection (3). The department
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 potentially eligible Medicaid
clients are provided information on the program. The department
shall provide the necessary funding and staff to fully operate the
program.
Sec. 311. To enable the legislature and the state budget
director to evaluate the appropriation needs of higher education,
each independent college and university shall make available to the
legislature or state budget director, upon request, data regarding
grants for the preceding, current, and ensuing fiscal years.
Sec. 315. By February 15 of each year, the department of
treasury shall submit a report to the state budget director, the
house and senate appropriations subcommittees on higher education,
and the house and senate fiscal agencies for the preceding fiscal
year on all student financial aid programs for which funds are
appropriated in part 1. For each student financial aid program, the
report shall include, but is not limited to, the total number of
awards paid in the preceding fiscal year, the total dollar amount
of those awards, and the number of students receiving awards and
the total amount of those awards at each eligible postsecondary
institution. To the extent information is available, the report
shall also include information on the average exam performance,
household income, and other demographic characteristics of students
receiving awards under each program and historical information on
the number of awards and total award amounts for each program.
Sec. 317. It is the intent of the legislature that if the
economy improves, and additional state revenue is available, 1 of
the foremost priorities for the expenditure of additional revenue
in the higher education budget will be to fund Michigan tuition
grants authorized under 1966 PA 313, MCL 390.991 to 390.997a.
Sec. 319. It is the intent of the legislature that if the
economy improves, and additional state revenue is available, 1 of
the foremost priorities for the expenditure of additional revenue
in the higher education budget will be to fund the state
competitive scholarship program established in 1964 PA 208, MCL
390.971 to 390.981.
UNIVERSITY OPERATIONS
Sec. 402. The University of Michigan biological station at
Douglas Lake in Cheboygan County is regarded as a unique resource
and is designated as a special research reserve. It is the intent
of the legislature to protect and preserve the unique long-term
research value and capabilities of the biological station area and
Douglas Lake. The legislature further intends that no state
programs or policies be developed that would have a deleterious
impact on the research value of Douglas Lake.
Sec. 426. (1) It is the intent of the legislature that each
public university shall develop policies for minimizing the cost of
textbooks and course materials used at the university while
maintaining quality of education and academic freedom. These
policies should require all of the following:
(a) That faculty members submit lists of required textbooks
and course materials for university review.
(b) That faculty members consider the least costly practices
in assigning textbooks and course materials, such as adopting the
least expensive edition of a textbook available when educational
content is comparable to a more costly edition.
(c) That the university review any potential financial
conflict of interest that may occur if a faculty member requires
the purchase of any textbooks or course materials he or she has
written.
(2) By February 1, 2011, each public university shall submit a
report to the house and senate appropriations subcommittees on
higher education and the house and senate fiscal agencies on the
policies developed pursuant to this section.
Sec. 433. (1) Included in part 1 is $2,982,900.00 for the
agricultural experiment station and $2,645,200.00 for the
cooperative extension service 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 Michigan State
University, in consultation with agricultural commodity groups and
other interested parties, shall develop project GREEEN and its
program priorities.
(3) Not later than September 30, 2011, a report shall be
submitted by Michigan State University to the state budget
director, the house and senate appropriations subcommittees on
agriculture and on higher education, and the house and senate
fiscal agencies for the preceding school fiscal year regarding
expenditures and programmatic outcomes of the agricultural
experiment station and cooperative extension service. The report
shall include, but is not limited to:
(a) Total funds expended by the agricultural experiment
station and cooperative extension service identified by state,
local, private, federal, and university fund sources.
(b) The dollar amount of each project GREEEN project and a
review of each project's performance and accomplishments.
(c) The dollar amount of each bioeconomy research and
development project and a review of each project's performance and
accomplishments.
(d) The dollar amount and description of all other individual
programs and services provided by the agricultural experiment
station and cooperative extension service and a review of each
project's performance and accomplishments.
(e) The number of businesses created or that had increased
employment and the number of patents generated as a result of work
conducted by the agricultural experiment station and cooperative
extension service.
Sec. 434. Included in the appropriation in part 1 for Michigan
State University is $80,000.00 for the Michigan future farmers of
America association. This $80,000.00 appropriation shall not
supplant any existing support that Michigan State University
provides to the Michigan future farmers of America association.
Sec. 440. All public universities shall submit the amount of
tuition and fees actually charged to a full-time resident
undergraduate student for academic year 2010-2011 as part of their
higher education institutional data inventory (HEIDI) data by
August 31, 2010. A public university shall report any revisions for
any semester of the reported academic year 2010-2011 tuition and
fee charges to HEIDI within 15 days of being adopted.
Sec. 450. (1) For the fiscal year ending September 30, 2011,
it is the intent of the legislature that an amount calculated under
subsection (2) be allocated for per-student floor funding from the
general fund/general purpose unreserved balances at the close of
the 2009-2010 fiscal year.
(2) The amount allocated under subsection (1) for per-student
floor funding is equal to $3,775.00 per 2008-2009 fiscal-year-
equated student at each university. The number of 2008-2009
students at a university is determined by reference to the higher
education institutional data inventory (HEIDI).
Sec. 460. From the amount appropriated in part 1 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. 461. From the amount appropriated in part 1 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. 464. Each public university receiving an appropriation in
part 1 shall submit a plan by January 15, 2011 to the state budget
director, the house and senate appropriations subcommittees on
higher education, and the house and senate fiscal agencies on its
process to inform both the private and public sectors regarding
research and technology that could be developed commercially.
Sec. 466. Public universities shall coordinate their purchases
of goods and services whenever possible. This may include, but is
not limited to, group purchases for vehicles, utilities, supplies,
electronic equipment, maintenance equipment, books, and contractual
services. To the extent possible, the public universities shall use
both the "Michigan delivering extended agreements locally" (MiDEAL)
purchasing services of the state department of technology,
management, and budget that makes state contracts available to
local units of government, colleges, and universities and the
purchasing services available through the state's membership in the
Midwestern Higher Education Compact (MHEC). Not later than January
1 of each year, the presidents council, state universities of
Michigan shall submit to the members of the house and senate
appropriations subcommittees on higher education, the house and
senate fiscal agencies, and the state budget director a report on
group or pooled purchases and the savings achieved by the public
universities in the previous
fiscal year.
Sec. 469. By November 14, 2010, each public university
receiving an appropriation in part 1 shall report the number of
undergraduate students who graduated in academic year 2009-2010 and
received a Pell grant at any time during their enrollment at that
university to the members of the house and senate appropriations
subcommittees on higher education, the house and senate fiscal
agencies, and the state budget director.
Sec. 480. (1) It is the intent of the legislature that each
public university receiving an appropriation in part 1 do all of
the following:
(a) Meet the provisions of section 5003 of the post-911
veterans educational assistance act of 2008, title V of Public Law
110-252, 38 USC 3301 to 3324, including voluntary participation in
the yellow ribbon GI education enhancement program established in
that act in 38 USC 3317. By October 1 of each year, each public
university shall report to the house and senate appropriations
subcommittees on higher education, the house and senate fiscal
agencies, and the presidents council, state universities of
Michigan on whether or not it has chosen to participate in the
yellow ribbon GI education enhancement program. If at any time
during the fiscal year a university participating in the yellow
ribbon program chooses to leave the yellow ribbon program, it shall
notify the house and senate appropriations subcommittees on higher
education, the house and senate fiscal agencies, and the presidents
council, state universities of Michigan.
(b) Establish an on-campus veterans' liaison to provide
information and assistance to all student veterans.
(c) Provide flexible enrollment application deadlines for all
veterans.
(2) As used in this section, "veteran" means an honorably
discharged veteran entitled to educational assistance under the
provisions of section 5003 of the post-911 veterans educational
assistance act of 2008, title V of Public Law 110-252, 38 USC 3301
to 3324.
Sec. 482. It is the intent of the legislature that each public
university receiving an appropriation in part 1 shall submit a
report by November 1, 2010 to the house and senate appropriations
subcommittees on higher education and to the house and senate
fiscal agencies, on the university's use of competitive bid
processes for the procurement of services, including, but not
limited to, custodial and food services.
Sec. 484. It is the intent of the legislature that each public
university that has received a donation of human embryos that is
subject to section 27 of article I of the state constitution of
Senate Bill No. 1157 as amended March 23, 2010
1963, or that is conducting ongoing research using human embryonic
stem cells derived from donated human embryos pursuant to section
27 of article I of the state constitution of 1963, shall submit a
report to the director of the department of community health by
December 1, 2010 that includes all of the following:
(a) The number of human embryos and the number of human embryo
stem cell lines received by the university during fiscal year 2009-
2010.
(b) The number of human embryos utilized for research purposes
during fiscal year 2009-2010.
(c) The number of human embryo stem cell lines created from
the embryos received during fiscal year 2009-2010.
(d) The number of donated human embryos being held in storage
by the university as of September 30, 2010.
(e) The number of research projects using human embryonic stem
cells derived from donated embryos being conducted by the
university.
<<Sec. 486. It is the intent of the legislature that each
public university shall submit a report to the house and senate
appropriations committees by October 15, 2010, on the university's
efforts to accommodate the sincerely held religious beliefs of
students enrolled in counseling degree programs at the university.>>
STATE AND REGIONAL PROGRAMS
Sec. 490. The funds appropriated in part 1 for higher
education database modernization and conversion shall be expended
to maintain, coordinate, and improve the higher education
institutional data inventory (HEIDI) established under section 1299
of the management and budget act, 1984 PA 431, MCL 18.1299. The
advisory committee established under that section shall meet
regularly to review data definitions and requirements in order to
advise the state budget director regarding changes to those
definitions and requirements that would result in more useful and
reliable data being provided to state policymakers and university
officials.
MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS PROGRAMS
Sec. 501. (1) Included in the appropriation for each public
university in part 1 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 part 1 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 Michigan department of
energy, labor, and economic growth. The Michigan department of
energy, labor, and economic growth shall use a good faith effort
standard to evaluate whether a fellowship is in default.
Sec. 502. (1) Included in the appropriation for each public
university in part 1 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 part 1 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 Michigan department of energy, labor, and economic growth.
Sec. 503. (1) Included in part 1 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 Michigan department of energy, labor, and
economic growth.
Sec. 504. (1) Included in part 1 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 Michigan department of energy, labor, and
economic growth.
Sec. 505. (1) Included in the appropriation for each public
university in part 1 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 Michigan department of energy, labor, and
economic growth.
Sec. 506. (1) Included in the appropriation in part 1 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 Michigan department of energy, labor,
and economic growth.
(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. 507. Each institution receiving funds under section 503,
504, or 506 shall notify the Michigan department of energy, labor,
and economic growth by April 15, 2011 as to whether it will expend
by the end of its fiscal year the funds received under section 503,
504, or 506. Notwithstanding the award limitations in sections 503
and 504, the amount of funding reported as not being expended will
be reallocated to the institutions that intend to expend all
funding received under section 503, 504, or 506.
STUDENT PERFORMANCE REPORTING
Sec. 601. (1) From the amount appropriated in part 1, the
public universities shall systematically inform Michigan high
schools regarding the academic status of students from each high
school in a manner prescribed by the presidents council, state
universities of Michigan in cooperation with the Michigan
association of secondary school principals.
(2) The Michigan high schools shall systematically inform the
public universities about the use of information received under
this section in a manner prescribed by the Michigan association of
secondary school principals in cooperation with the presidents
council, state universities of Michigan.
Sec. 602. From the amount appropriated in part 1, the public
universities shall inform Michigan community colleges regarding the
academic status of community college transfer students in a manner
prescribed by the presidents council, state universities of
Michigan in cooperation with the Michigan community college
association.
Sec. 603. Public universities shall work with the state
community colleges to encourage the transfer of students from the
community colleges to the state universities and to facilitate the
transfer of credits from the community colleges to the public
universities.
GENERAL REPORTS AND AUDITS
Sec. 701. (1) The auditor general shall review higher
education institutional data inventory (HEIDI) enrollment data
submitted by all public universities and may perform audits of
selected public universities if determined necessary. The review
and audits shall be based upon the definitions, requirements, and
uniform reporting categories established by the state budget
director and the house and senate fiscal agencies 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,
2011.
(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.
(e) Student credit hours generated in new degree programs
after January 1, 1975, that have not been specifically authorized
for funding by the legislature, except spin-off programs converted
from existing core programs that do all of the following:
(i) Represent new options, fields, or concentrations within
existing programs.
(ii) Are consistent with the current institutional role and
mission.
(iii) Are accommodated within the continuing funding base of the
public university.
(iv) Do not require a new degree level beyond that which the
public university is currently authorized to grant within that
discipline or field.
(v) Do not require funding from the state other than that
provided by the student credit hours generated within the program,
either before program initiation or within the first 3 years of
program operation.
(3) The auditor general shall periodically audit higher
education institutional data inventory (HEIDI) data as submitted by
the public universities for compliance with the definitions
established by the state budget director in consultation with the
HEIDI advisory committee for the HEIDI database.
(4) "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.
Sec. 702. The principal executive officer of each public
university receiving an appropriation under part 1 shall expend a
portion of the funds appropriated to that public university to make
a report to the auditor general, the house and senate fiscal
agencies, and the state budget director within 60 days after the
auditor general issues his or her report on the operation of the
institution. The public university's report shall specify all of
the following:
(a) The recommendations of the auditor general implemented by
the public university, including projected dates and resources
required, if any, to achieve compliance.
(b) The recommendations of the auditor general not implemented
by the public university or implemented by the public university as
modified.
(c) The rationale for not implementing a recommendation of the
auditor general or of implementing a recommendation as modified.
Sec. 708. The auditor general may conduct performance audits
of public universities receiving funds in part 1 during the fiscal
year ending September 30, 2011 as the auditor general considers
necessary.
Sec. 709. A public university receiving funds under part 1 and
also subject to the student right-to-know and campus security act,
Public Law 101-542, 104 Stat. 2381, shall make a copy of all
material prepared pursuant to the public information reporting
requirements under the crime awareness and campus security act of
1990, title II of the student right-to-know and campus security
act, Public Law 101-542, 104 Stat. 2381, available in electronic
Internet format on their websites.
Sec. 714. A public university receiving funds under this act
and also subject to the family educational rights and privacy act
(FERPA), 20 USC 1232g, 34 CFR part 99, shall, when requested,
provide information from the records of a student to any person or
persons to whom the student has authorized disclosure on a written
consent form pursuant to 34 CFR 99.30.
