SB-0140, As Passed Senate, May 15, 2019

 

 

 

 

 

 

 

 

 

 

 

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

 

fiscal year.

<<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.