FIRST CONFERENCE REPORT

 

     The Committee of Conference on the matters of difference between the two Houses concerning

 

     Senate Bill No. 193, entitled

 

     A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 236, 236a, 236b, 241, 244, 245, 246, 252, 256, 258, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 289, 293a, and 296 (MCL 388.1836, 388.1836a, 388.1836b, 388.1841, 388.1844, 388.1845, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1875, 388.1875a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1889, 388.1893a, and 388.1896), sections 236, 236a, 241, 244, 245, 252, 256, 258, 263a, 264, 265, 267, 268, 269, 270, 274, 275, 275a, 276, 277, 278, 279, 280, 281, 282, and 289 as amended and sections 236b, 246, 265a, and 293a as added by 2012 PA 201 and section 296 as added by 2011 PA 62, and by adding section 262a; and to repeal acts and parts of acts.

 

     Recommends:

 

     First:  That the House recede from the Substitute of the House as passed by the House.

 

     Second:  That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:

 

(attached)

 

     Third:  That the Senate and House agree to the title of the bill to read as follows:

 

     A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 236, 236a, 236b, 241, 244, 245, 246, 252, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 289, and 290 (MCL 388.1836, 388.1836a, 388.1836b, 388.1841, 388.1844, 388.1845, 388.1846, 388.1852, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1873, 388.1874, 388.1874a, 388.1875, 388.1875a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1889, and 388.1890), sections 236, 236a, 241, 244, 245, 252, 258, 263, 263a, 264, 265, 267, 268, 269, 270, 273, 274, 274a, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 289, and 290 as amended and sections 236b, 246, and 265a as added by 2012 PA 201, and by adding sections 236c, 259, 262a, and 272a; and to repeal acts and parts of acts.

 

 

 

_______________________                 ________________________

Tonya Schuitmaker                       Al Pscholka

 

_______________________                 ________________________

Roger Kahn                              John Walsh

 

_______________________                 ________________________

Morris W. Hood III                      Samir Singh

 

Conferees for the Senate                Conferees for the House

 

SUBSTITUTE FOR

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 193

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending sections 236, 236a, 236b, 241, 244, 245, 246, 252, 258,

 

263, 263a, 264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 275,

 

275a, 276, 277, 278, 279, 280, 281, 282, 289, and 290 (MCL

 

388.1836, 388.1836a, 388.1836b, 388.1841, 388.1844, 388.1845,

 

388.1846, 388.1852, 388.1858, 388.1863, 388.1863a, 388.1864,

 

388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870,

 

388.1873, 388.1874, 388.1874a, 388.1875, 388.1875a, 388.1876,

 

388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882,

 

388.1889, and 388.1890), sections 236, 236a, 241, 244, 245, 252,

 

258, 263, 263a, 264, 265, 267, 268, 269, 270, 273, 274, 274a, 275,

 

275a, 276, 277, 278, 279, 280, 281, 282, 289, and 290 as amended

 

and sections 236b, 246, and 265a as added by 2012 PA 201, and by


 

adding sections 236c, 259, 262a, and 272a; 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 subsections (2) to (7) (6) are

 

appropriated for higher education for the fiscal year ending

 

September 30, 2013, 2014, from the funds indicated in this section.

 

The following is a summary of the appropriations in subsections (2)

 

to (7):(6):

 

     (a) The gross appropriation is $1,399,220,400.00.

 

$1,430,573,500.00. After deducting total interdepartmental grants

 

and intradepartmental transfers in the amount of $0.00, the

 

adjusted gross appropriation is

 

$1,399,220,400.00.$1,430,573,500.00.

 

     (b) The sources of the adjusted gross appropriation described

 

in subdivision (a) are as follows:

 

     (i) Total federal revenues, $97,026,400.00.

 

     (ii) Total local revenues, $0.00.

 

     (iii) Total private revenues, $0.00.

 

     (iv) Total other state restricted revenues, $200,565,700.00.

 

     (v) State general fund/general purpose money,

 

$1,101,628,300.00.$1,132,981,400.00.

 

     (2) Amounts appropriated for public universities are as

 

follows:

 

     (a) The appropriation for Central Michigan University is

 

$69,575,300.00, $68,108,900.00 $73,486,600.00, $71,352,300.00 for

 

operations and $1,466,400.00 $2,134,300.00 for performance funding,


 

appropriated from the following:

 

     (i) State school aid fund, $11,284,600.00.

 

     (ii) State general fund/general purpose money,

 

$58,290,700.00.$62,202,000.00.

 

     (b) The appropriation for Eastern Michigan University is

 

$66,297,500.00, $64,619,100.00 $67,255,600.00, $66,466,700.00 for

 

operations and $1,678,400.00 $788,900.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $10,706,400.00.

 

     (ii) State general fund/general purpose money,

 

$55,591,100.00.$56,549,200.00.

 

     (c) The appropriation for Ferris State University is

 

$42,981,400.00, $41,324,300.00 $45,602,600.00, $44,250,700.00 for

 

operations and $1,657,100.00 $1,351,900.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $6,846,800.00.

 

     (ii) State general fund/general purpose money,

 

$36,134,600.00.$38,755,800.00.

 

     (d) The appropriation for Grand Valley State University is

 

$55,097,500.00, $52,677,400.00 $57,765,100.00, $55,436,000.00 for

 

operations and $2,420,100.00 $2,329,100.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $8,727,800.00.

 

     (ii) State general fund/general purpose money,

 

$46,369,700.00.$49,037,300.00.

 

     (e) The appropriation for Lake Superior State University is

 

$11,030,700.00, $10,789,500.00 $12,226,500.00, $12,046,100.00 for


 

operations and $241,200.00 $180,400.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $1,787,600.00.

 

     (ii) State general fund/general purpose money,

 

$9,243,100.00.$10,438,900.00.

 

     (f) The appropriation for Michigan State University is

 

$298,733,800.00, $241,120,800.00 $305,775,000.00, $245,037,000.00

 

for operations, $3,408,400.00 $4,449,300.00 for performance

 

funding, and $54,204,600.00 $30,243,900.00 for MSU AgBioResearch,

 

and $26,044,800.00 for MSU extension, activities, appropriated from

 

the following:

 

     (i) State school aid fund, $39,949,900.00.

 

     (ii) State general fund/general purpose money,

 

$258,783,900.00.$265,825,100.00.

 

     (g) The appropriation for Michigan Technological University is

 

$42,409,900.00, $40,733,600.00 $43,451,900.00, $42,579,100.00 for

 

operations and $1,676,300.00 $872,800.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $6,748,900.00.

 

     (ii) State general fund/general purpose money,

 

$35,661,000.00.$36,703,000.00.

 

     (h) The appropriation for Northern Michigan University is

 

$40,348,800.00, $38,367,400.00 $41,719,800.00, $40,856,600.00 for

 

operations and $1,981,400.00 $863,200.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $6,356,900.00.

 

     (ii) State general fund/general purpose money,


 

$33,991,900.00.$35,362,900.00.

 

     (i) The appropriation for Oakland University is

 

$44,033,300.00, $43,145,000.00 $45,634,800.00, $44,964,100.00 for

 

operations and $888,300.00 $670,700.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $7,148,400.00.

 

     (ii) State general fund/general purpose money,

 

$36,884,900.00.$38,486,400.00.

 

     (j) The appropriation for Saginaw Valley State University is

 

$25,487,500.00, $23,561,500.00 $25,982,800.00, $25,656,700.00 for

 

operations and $1,926,000.00 $326,100.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $3,903,800.00.

 

     (ii) State general fund/general purpose money,

 

$21,583,700.00.$22,079,000.00.

 

     (k) The appropriation for University of Michigan - Ann Arbor

 

is $273,056,700.00, $268,803,300.00 $279,108,700.00,

 

$274,156,700.00 for operations and $4,253,400.00 $4,952,000.00 for

 

performance funding, appropriated from the following:

 

     (i) State school aid fund, $44,536,300.00.

 

     (ii) State general fund/general purpose money,

 

$228,520,400.00.$234,572,400.00.

 

     (l) The appropriation for University of Michigan – Dearborn is

 

$21,898,800.00, $21,016,300.00 $22,503,700.00, $22,237,300.00 for

 

operations and $882,500.00 $266,400.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $3,482,100.00.


 

     (ii) State general fund/general purpose money,

 

$18,416,700.00.$19,021,600.00.

 

     (m) The appropriation for University of Michigan – Flint is

 

$19,103,500.00, $17,762,400.00 $19,928,100.00, $19,526,600.00 for

 

operations and $1,341,100.00 $401,500.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $2,942,900.00.

 

     (ii) State general fund/general purpose money,

 

$16,160,600.00.$16,985,200.00.

 

     (n) The appropriation for Wayne State University is

 

$183,229,100.00, $182,036,900.00 $183,933,000.00, $183,398,300.00

 

for operations and $1,192,200.00 $534,700.00 for performance

 

funding, appropriated from the following:

 

     (i) State school aid fund, $30,160,600.00.

 

     (ii) State general fund/general purpose money,

 

$153,068,500.00.$153,772,400.00.

 

     (o) The appropriation for Western Michigan University is

 

$95,318,300.00, $93,168,300.00 $97,235,200.00, $95,487,500.00 for

 

operations and $2,150,000.00 $1,747,700.00 for performance funding,

 

appropriated from the following:

 

     (i) State school aid fund, $15,436,500.00.

 

     (ii) State general fund/general purpose money,

 

$79,881,800.00.$81,798,700.00.

 

     (3) In addition to the amounts described in subsection (2),

 

$9,054,200.00 in tuition restraint funding is appropriated for

 

university operations from general fund/general purpose money. The

 

amount allocated to each public university is determined in the


 

manner provided in section 265.

 

     (3) (4) The amount appropriated for Michigan public school

 

employees' retirement system reimbursement is

 

$446,200.00,$2,446,200.00, $446,200.00 appropriated from the state

 

school aid fund and $2,000,000.00 appropriated from general

 

fund/general purpose money.

 

     (4) (5) The amount appropriated for state and regional

 

programs is $200,000.00, $2,200,000.00 appropriated from general

 

fund/general purpose money and allocated as follows:

 

     (a) College access program, $2,000,000,00.

 

     (b) (a) Higher education database modernization and

 

conversion, $105,000.00.

 

     (c) (b) Midwestern higher education compact, $95,000.00.

 

     (5) (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.

 

     (6) (7) Subject to subsection (8), (7), the amount

 

appropriated for grants and financial aid is $98,226,400.00,

 

$101,626,400.00, allocated as follows:

 

     (a) State competitive scholarships, $18,361,700.00.

 

     (b) Tuition grants, $31,664,700.00.


 

     (c) Tuition incentive program, $43,800,000.00.$47,000,000.00.

 

     (d) Children of veterans and officer's survivor tuition grant

 

programs, $1,200,000.00.$1,400,000.00.

 

     (e) Project GEAR-UP, $3,200,000.00.

 

     (7) (8) The money appropriated in subsection (7) (6) 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, $93,826,400.00.

 

     (c) Contributions to children of veterans tuition grant

 

program, $100,000.00.

 

     (d) State general fund/general purpose money,

 

$1,100,000.00.$4,500,000.00.

 

     Sec. 236a. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2014

 

2015 for the items listed in section 236. The fiscal year 2013-2014

 

2014-2015 appropriations are anticipated to be the same as those

 

for fiscal year 2012-2013, 2013-2014, 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 2013 2014

 

consensus revenue estimating conference.

 

     Sec. 236b. In addition to the funds appropriated in section

 

236, there is appropriated for grants and financial aid in fiscal

 

year 2012-2013 2013-2014 an amount not to exceed $6,000,000.00 for


 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred under section 393(2)

 

of the management and budget act, 1984 PA 431, MCL 18.1393, for

 

another purpose under this article.

 

     Sec. 236c. In addition to the funds appropriated for fiscal

 

year 2013-2014 in section 236, appropriations to the department of

 

technology, management, and budget in the act providing general

 

appropriations for fiscal year 2013-2014 for state building

 

authority rent, totaling an estimated $125,370,600.00, 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, $9,155,600.00.

 

     (b) Eastern Michigan University, $5,234,800.00.

 

     (c) Ferris State University, $6,360,600.00.

 

     (d) Grand Valley State University, $4,277,000.00.

 

     (e) Lake Superior State University, $915,600.00.

 

     (f) Michigan State University, $16,194,400.00.

 

     (g) Michigan Technological University, $7,692,200.00.

 

     (h) Northern Michigan University, $8,062,600.00.

 

     (i) Oakland University, $10,791,500.00.

 

     (j) Saginaw Valley State University, $9,833,700.00.

 

     (k) University of Michigan - Ann Arbor, $9,212,000.00.

 

     (l) University of Michigan - Dearborn, $6,332,400.00.

 

     (m) University of Michigan - Flint, $2,871,400.00.


 

     (n) Wayne State University, $13,079,500.00.

 

     (o) Western Michigan University, $15,357,300.00.

 

     Sec. 241. (1) Subject to section 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, 2012. 2013. Except for Wayne State

 

University, each institution shall accrue its July and August 2013

 

2014 payments to its institutional fiscal year ending June 30,

 

2013.2014.

 

     (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, 2012, 2013, these data shall be submitted to

 

the state budget director by October 15, 2012. 2013. Public

 

universities with a fiscal year ending September 30, 2012 2013

 

shall submit preliminary HEIDI data by November 15, 2012 2013 and

 

final data by December 15, 2012. 2013. 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 may withhold the monthly installments under

 

subsection (1) to the public university until those data are

 

submitted.

 

     Sec. 244. A public university receiving funds in section 236

 

shall cooperate with all measures taken by the state to develop,


 

operate, and maintain the statewide P-20 education longitudinal

 

data system described in section 94a. If the state budget director

 

finds that a university has not complied with this section, the

 

state budget director is authorized to withhold the monthly

 

installments provided to that university under section 236 until he

 

or she finds the university has complied with this section.

 

     Sec. 245. (1) Within 30 days after the board of a public

 

university adopts its annual operating budget for the following

 

school fiscal year, or after the board adopts a subsequent revision

 

to that budget, the public university shall make all of the

 

following available through a link on its website homepage: in a

 

form and manner prescribed by the department of technology,

 

management, and budget:

 

     (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.

 

     (iv) Campus security policies and crime statistics pursuant to

 

the student right-to-know and campus security act, Public Law 101-

 

542, 104 Stat. 2381. Information shall include 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.

 

     (d) A list of all positions funded partially or wholly through

 

institutional general fund revenue that includes the position title

 

, name, and annual salary or wage amount for each position.

 

     (e) General fund revenue and expenditure projections for

 

fiscal year 2013-2014 and fiscal year 2014-2015.

 

     (f) A listing of all debt service obligations, detailed by

 

project, anticipated fiscal year 2013-2014 payment for each


 

project, and total outstanding debt.

 

     (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.

 

     (2) 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 school 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.

 

     (3) 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. To be in compliance with

 

this section, all data elements defined in this section must be

 

available on the university's homepage, in a form and manner

 

prescribed by the department of technology, management, and budget,

 

by December 31, 2012.

 

     (4) 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.

 

     Sec. 246. (1) The funds appropriated in section 236(4) for

 

Michigan public school employees' retirement system reimbursement

 

shall be allocated to each participating public university under

 

this section based on each participating public university's total

 

retiree health care premiums paid for Michigan public school

 

employees' retirement system retirants in proportion to the total

 

retiree health care premiums paid for Michigan public school

 

employees' retirement system retirants for all participating public

 

universities for the immediately preceding state fiscal year.

 

Payments shall be made in a form and manner determined by the

 

office of retirement services. A public university that receives

 

money under this section shall use that money solely for the

 

purpose of offsetting a portion of the retirement contributions

 

owed by the university. for the fiscal year ending September 30,

 

2013.


 

     (2) As used in this section, "participating public university"

 

means a public university that is 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

 

38.1408, and that pays retiree health care premiums to the Michigan

 

public school employees' retirement system for the state 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 July 1, 2012 and who are

 

qualified.for the 2012-2013 school year or July 1, 2013 for the

 

2013-2014 school year, as applicable.

 

     (3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and

 

subject to subsection (7), the department of treasury shall

 

determine an actual maximum tuition grant award per student, which

 

shall be no less than $1,512.00, 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

 

$1,512.00, 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


 

$1,512.00 maximum award amount. If the department determines that

 

sufficient funds are available to establish a maximum award amount

 

equal to at least $1,512.00, 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

 

December 15, 2012, and again by February 18 , 2013, 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, 2012 2013 from the amounts appropriated in section

 

236 for the tuition grant program for fiscal year 2012-2013 shall

 

not lapse on September 30, 2012, 2013, but shall continue to be

 

available for expenditure for tuition grants provided in the 2012-

 

2013 2013-2014 fiscal year under a work project account. The use of

 

these unexpended fiscal year 2011-2012 2012-2013 funds shall

 

terminate at the end of the 2012-2013 2013-2014 fiscal year. Any

 

unexpended and unencumbered funds remaining on September 30, 2014


 

from the amounts appropriated in section 236 for the tuition grant

 

program for fiscal year 2013-2014 shall not lapse on September 30,

 

2014, but shall continue to be available for expenditure for

 

tuition grants provided in the 2014-2015 fiscal year under a work

 

project account. The use of these unexpended fiscal year 2013-2014

 

funds shall terminate at the end of the 2014-2015 fiscal year.

 

     (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. 2012-2013.

 

     (7) The In any fiscal year, the department of treasury 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. 258. By February 15 of each year, the department of

 

treasury shall submit post to its publicly available website 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 section

 

236. 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 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. 259. The funds appropriated in section 236 for the

 

college access program shall be used for efforts to support college

 

access. The department of treasury shall administer these funds.

 

Allowable uses include the following:

 

     (a) Michigan college access network operations, programming,

 

and services to local college access networks.

 

     (b) Local college access networks, which are community-based

 

college access/success partnerships committed to increasing the

 

college participation and completion rates within geographically

 

defined communities through a coordinated strategy.

 

     (c) Michigan college access portal, an online 1-stop portal to

 

help students and families plan and apply for college.

 

     (d) Public awareness and outreach campaigns to encourage low-

 

income and first-generation students to take necessary steps toward

 

college and to assist students and families in completing a timely

 

and accurate free application for federal student aid.


 

     (e) Subgrants to postsecondary institutions to recruit, hire,

 

and train college student mentors and college advisors to assist

 

high school students in navigating the postsecondary planning and

 

enrollment process.

 

     Sec. 262a. (1) It is the intent of the legislature that each

 

public university shall develop policies for reviewing required

 

textbook and course materials with the goal of 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.

 

     (d) That the university review required textbooks and course

 

materials to ensure that least costly practices are being utilized,

 

such as adopting the least expensive edition of a textbook

 

available when educational content is comparable to a more costly

 

edition.

 

     (2) By February 1 of each year, 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 under this section.

 

     Sec. 263. (1) Included in the appropriation in section 236 for

 

MSU AgBioResearch is $2,982,900.00 and included in the

 

appropriation in section 236 for MSU extension activities is

 

$5,628,100.00 $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. 263a. (1) By January 1, 2013, the Michigan State

 

University college of agriculture and natural resources, MSU

 

extension, and MSU AgBioResearch, in partnership with the

 

department of agriculture and rural development and other

 

stakeholders, shall establish a strategic growth initiative for the

 

Michigan food and agriculture industry. This initiative shall

 

address the following goals as established at the 2011 governor's

 

summit for production agriculture:

 

     (a) Increasing the sector's total economic impact from today's

 

$71,000,000,000.00 to $100,000,000,000.00.

 

     (b) Doubling Michigan's agricultural exports from

 

$1,750,000,000.00 to $3,500,000,000.00.


 

     (c) Increasing jobs in the food and agriculture sector by 10%.

 

     (d) Improving access by Michigan consumers to healthy foods by

 

20%.

 

     (2) The initiative described in subsection (1) shall be

 

patterned after Project GREEEN, shall emphasize priorities as set

 

by the Michigan food and agricultural industry, and shall include a

 

commitment to continuous communication, input, and interaction

 

among stakeholders in government and industry and at Michigan State

 

University. Similar to Project GREEEN, the initiative shall also

 

include a commitment to communicating results and impacts to

 

stakeholders and the legislature based on a mutually established

 

set of metrics designed to assure MSU extension and AgBioResearch

 

programs are contributing to the goals described in subsection

 

(1)(a) to (d).

 

     (1) (3) Not later than September 30 , 2013, of each year,

 

Michigan State University shall submit a report on MSU

 

AgBioResearch and MSU extension to the house and senate

 

appropriations subcommittees on agriculture and on higher

 

education, the house and senate standing committees on agriculture,

 

the house and senate fiscal agencies, and the state budget director

 

for the preceding school fiscal year. detailing, but not limited

 

to:

 

     (2) The report required under subsection (1) shall include all

 

of the following:

 

     (a) Total funds expended by MSU AgBioResearch and by MSU

 

extension service identified by state, local, private, federal, and

 

university fund sources.


 

     (b) The metric goals that were used to evaluate the impacts of

 

programs operated by MSU extension and MSU AgBioResearch. It is the

 

intent of the legislature that the following metric goals will be

 

used to evaluate the impacts of those programs:

 

     (i) Increasing the number of agriculture and food-related firms

 

collaborating with and using services of research and extension

 

faculty and staff by 3% per year.

 

     (ii) Increasing the number of individuals utilizing MSU

 

extension's educational services by 5% per year.

 

     (iii) Increasing external funds generated in support of research

 

and extension, beyond state appropriations, by 10% over the amounts

 

generated in the past 3 state fiscal years.

 

     (iv) Increasing the sector's total economic impact from today's

 

$71,000,000,000.00 to $100,000,000,000.00.

 

     (v) Doubling Michigan's agricultural exports from

 

$1,750,000,000.00 to $3,500,000,000.00.

 

     (vi) Increasing jobs in the food and agriculture sector by 10%.

 

     (vii) Improving access by Michigan consumers to healthy foods

 

by 20%.

 

     (c) A review of major programs within both MSU AgBioResearch

 

and MSU extension with specific reference to accomplishments,

 

impacts, and the metrics described in subdivision (b), including a

 

specific accounting of Project GREEEN expenditures and the impact

 

of those expenditures.

 

     Sec. 264. Included in the appropriation in section 236 for

 

fiscal year 2013-2014 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 from the amount appropriated in under

 

section 236(3) 265a for public university tuition restraint

 

incentives performance funding shall only be made to a public

 

university that certifies to the state budget director by August

 

31, 2012 2013 that its board did not adopt an increase in tuition

 

and fee rates for resident undergraduate students after September

 

1, 2011 2012 for the 2011-2012 2012-2013 academic year and that its

 

board will not adopt an increase in tuition and fee rates for

 

resident undergraduate students for the 2012-2013 2013-2014

 

academic year that is greater than 4.0%. 3.75%. As used in this

 

subsection: and subsection (2):

 

     (a) Subject to subdivision (c), "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. 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 2012-2013 2013-2014 academic year to exceed the limit

 

established in this subsection.

 

     (b) "Tuition and fee rate" means the average of full-time

 

rates for all undergraduate classes, based on an 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.

 

     (c) For purposes of subdivision (a), for a public university

 

that compels resident undergraduate students to be covered by

 

health insurance as a condition to enroll at the university, "fee"

 

includes the annual amount a student is charged for coverage by the

 

university-affiliated group health insurance policy if he or she

 

does not provide proof that he or she is otherwise covered by

 

health insurance. This subdivision does not apply to limited

 

subsets of resident undergraduate students to be covered by health

 

insurance for specific reasons other than general enrollment at the

 

university.

 

     (2) For purposes of section 236(3), each public university's

 

allocation for tuition restraint incentive shall be determined as

 

follows:

 

     (a) Calculate an adjustment for each university by subtracting

 

each university's reported percent change in tuition and fee rates

 

for academic year 2012-2013 from 4.1%. If the result of the

 

calculation in this subdivision is less than 0.1%, the university

 

is not qualified to receive an allocation under this section. All

 

calculations under this subdivision shall be rounded to the first

 

decimal place.

 

     (b) For each qualified university, divide the university's

 

adjustment as calculated under subdivision (a) by the sum of all

 

adjustments for qualifying universities under subdivision (a) and

 

then multiply the resulting calculation for each university by the


 

total amount available for tuition restraint incentive funding,

 

rounded to the nearest hundred dollars.

 

     (2) (3) The state budget director shall implement uniform

 

reporting requirements to ensure that a public university receiving

 

an appropriation under section 236(3) 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.

 

     (4) In conjunction with the uniform reporting requirements

 

established under subsection (3), each public university shall also

 

report the following information to the house and senate

 

appropriations subcommittees on higher education, the house and

 

senate fiscal agencies, and the state budget director by August 31,

 

2012:

 

     (a) Actual or estimated fiscal year 2011-2012 and budgeted

 

fiscal year 2012-2013 total general fund tuition and fee revenue.

 

     (b) Actual or estimated fiscal year 2011-2012 and budgeted

 

fiscal year 2012-2013 total general fund revenue.

 

     (c) Actual or estimated fiscal year 2011-2012 and budgeted

 

fiscal year 2012-2013 general fund expenditures for student

 

financial aid.

 

     (d) Actual or estimated fiscal year 2011-2012 and budgeted


 

fiscal year 2012-2013 total general fund expenditures.

 

     (e) Actual or estimated fiscal year 2011-2012 and budgeted

 

fiscal year 2012-2013 total fiscal year equated student enrollment.

 

     Sec. 265a. (1) Appropriations to public universities in

 

section 236 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, 2013 that it complies with all of the

 

following requirements:

 

     (a) The university 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, 2012, that,

 

by January 3, 2013, it will be participating participates in

 

reverse transfer agreements described in section 286 with at least

 

3 Michigan community colleges or have has made a good-faith effort

 

to enter into reverse transfer agreements.

 

     (b) The university 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, 2012, that,

 

by January 3, 2013, it 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 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, 2012 that

 

the university participates in 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 tuition restraint funding described in section

 

265.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 17, 2012, 2013,

 

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) A university that has not implemented the policies

 

required under subsection (1)(a) and (b) by August 31, 2012, but

 

certifies that it will implement those policies by January 3, 2013,

 

shall recertify to the state budget director, the house and senate

 

appropriations subcommittees on higher education, and the house and

 

senate fiscal agencies by January 3, 2013, that the policies have

 

been fully implemented. For a university that does not recertify

 

that the policies have been fully implemented, the performance


 

funding appropriated to that university in section 236 shall be

 

retroactively withheld and unappropriated and reappropriated under

 

subsection (2).

 

     (4) Performance funding amounts described in section 236 are

 

distributed based on the following formula:

 

     (a) Based on weighted undergraduate completions in critical

 

skills areas, 22.2%.

 

     (b) Based on research and development expenditures, for

 

universities classified in Carnegie classifications as

 

doctoral/research universities, research universities (high

 

research activity), or research universities (very high research

 

activity) only, 11.1%.

 

     (c) Based on 6-year graduation rate, total degree completions,

 

and institutional support as a percentage of core expenditures,

 

scored against national Carnegie classification peers and weighted

 

by total undergraduate fiscal year equated students, 66.7%.

 

     (5) For purposes of determining the score of a university

 

under subsection (4)(c), 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 2014-2015

 

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) For purposes of this section, "Carnegie classification"

 

shall mean 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.

 

     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 2012-2013 2013-2014 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 2012-2013

 

2013-2014 tuition and fee charges to HEIDI within 15 days of being

 

adopted.

 

     Sec. 268. (1) For the fiscal year ending September 30, 2013,

 

2014, 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) 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 for the preceding fiscal

 

year a report on North American Indian tuition waivers that

 

includes, but is not limited to, all of the following information

 

for each postsecondary institution:

 

     (a) The total number of waiver applications.


 

     (b) The total number of waivers granted and the monetary value

 

of each waiver.

 

     (c) The number of students who withdraw from classes.

 

     (d) The number of students who successfully complete a degree

 

or certificate program and the 6-year graduation rate.

 

     Sec. 269. For fiscal year 2012-2013, 2013-2014, 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 2012-2013, 2013-2014 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. 272a. By February 15, 2014, each public university

 

receiving funds under section 236 shall submit a report to the

 

house and senate appropriations subcommittees on higher education,

 

the house and senate fiscal agencies, and the state budget director

 

regarding the rejection of transfer credits by the university in

 

the prior year. The report shall include information on the number

 

of credits earned by incoming students at other postsecondary

 

institutions, with the equivalent of a letter grade of C or higher,

 

that were rejected by the university for transfer, reported by both

 

academic program area and prior institution, along with explanatory

 

information regarding the rationale for the rejection of the

 

credits. Data may be reported on either an academic or calendar


 

year basis.

 

     Sec. 273. It is the intent of the legislature that each public

 

university shall submit a report to the house and senate

 

appropriations committees, the house and senate fiscal agencies,

 

and the state budget director by October 15, 2012, 2013, on the

 

university's efforts to accommodate the sincerely held religious

 

beliefs of students enrolled in accredited counseling degree

 

programs at the university.

 

     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 community health by December 1, 2012 2013 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 2011-2012, 2012-2013, 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 2011-2012.2012-2013.

 

     Sec. 274a. (1) It is the intent of the legislature that a

 

public university that receives funds in section 236 not provide

 

health insurance or other fringe benefits for any adult coresident

 

of an employee of the university who is not married to or a

 

dependent of that employee or for any dependent of such an adult

 

coresident.

 

     (2) It is the intent of the legislature that each public

 

university receiving funds in section 236 submit a report by

 

December 1, 2012 2013 to the house and senate appropriations

 

subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director containing the number of

 

individuals described in subsection (1) who received health

 

insurance or other fringe benefits provided by the university in

 

fiscal year 2011-2012 2012-2013 and the cost to the university of

 

providing those benefits.

 

     Sec. 275. (1) It is the intent of the legislature that each

 

public university receiving that receives an appropriation in

 

section 236 do all of the following:

 

     (a) Meet the provisions of section 5003 of the post-911

 

veterans educational assistance act of 2008, 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.

 

     (d) Include in its admission application process a specific

 

question as to whether an applicant for admission is a veteran, an

 

active member of the military, a member of the national guard or

 

military reserves, or the spouse or dependent of a veteran, active

 

member of the military, or member of the national guard or military

 

reserves, in order to more quickly identify potential educational

 

assistance available to that applicant.

 

     (e) Consider all veterans residents of this state for

 

determining their tuition rates and fees.

 

     (f) Waive enrollment fees 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, 38 USC 3301 to 3324.

 

     Sec. 275a. Funds appropriated in section 236 shall not be used

 

by a public university to pay for the construction or maintenance


 

of a self-liquidating project. A public university shall comply

 

with section 238 of the management and budget act, 1984 PA 431, MCL

 

18.1238, and with the current use and finance requirements of the

 

joint capital outlay subcommittee (JCOS) for any construction,

 

renovation, or other capital outlay projects pursuant to JCOS

 

policy. The appropriation in section 236 for a public university

 

that fails to comply with JCOS reporting requirements shall be

 

reduced by 1% for each violation.

 

     Sec. 276. (1) Included in the appropriation for fiscal year

 

2012-2013 2013-2014 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


 

2012-2013 2013-2014 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 2012-

 

2013 2013-2014 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 2012-

 

2013 2013-2014 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

 

2012-2013 2013-2014 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

 

2012-2013 2013-2014 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 under section 278,

 

279, or 281 shall notify the workforce development agency by April

 

15, 2013 2014 as to whether it will expend by the end of its fiscal

 

year the funds received under section 278, 279, or 281.

 

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) The auditor general shall review periodically

 

audit higher education institutional data inventory (HEIDI)

 

enrollment data submitted by all public universities under section

 

241 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 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.

 

     (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 under section 241 for compliance with the

 

definitions established by the state budget director in

 

consultation with the HEIDI advisory committee for the HEIDI

 

database.

 

     (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) (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. 290. (1) For the purposes of section 289(2)(e), the

 

legislature authorizes the public universities to establish the

 

following new degree programs:


 

     (a) Bachelor's degree programs:

 

     Central Michigan University, Computer Engineering, B.S.

 

     Eastern Michigan University, Interdisciplinary Environmental

 

Science and Society Program, B.S.

 

     Ferris State University, Graphic Media Management, B.S.

 

     Ferris State University, Health Care Marketing, B.S.

 

     Ferris State University, Insurance and Risk Management, B.S.

 

     Grand Valley State University, Religious Studies, B.A./B.S.

 

     Michigan Technological University, Engineering Management,

 

B.S.

 

     Oakland University, Biomedical Sciences, B.S.

 

     Oakland University, Liberal Arts Major in Creative Writing,

 

B.A.

 

     University of Michigan - Ann Arbor, Environmental Engineering,

 

B.S.E.

 

     University of Michigan - Dearborn, Digital Forensics, B.S.

 

     University of Michigan - Dearborn, Reading - Elementary

 

Certification, B.A.

 

     Wayne State University, Instructional Technology, B.A./B.S.

 

     Western Michigan University, Japanese, B.A.

 

     Western Michigan University, e-Business Marketing, B.B.A.

 

     Western Michigan University, Health Informatics and

 

Information Management, B.S./B.B.A.

 

     (b) Master's degree programs:

 

     Ferris State University, Information Security and

 

Intelligence, M.S.

 

     Michigan Technological University, Integrated Geospatial


 

Technology, M.S.

 

     Michigan Technological University, Medical Informatics, M.S.

 

     Oakland University, Psychology, M.S.

 

     University of Michigan - Ann Arbor, Entrepreneurship, Master's

 

     University of Michigan - Ann Arbor, Joint Master's Degree and

 

Graduate Certificate Program in Health Informatics, Master's

 

     University of Michigan - Ann Arbor, Master's of Engineering in

 

Applied Climate, Master's

 

     University of Michigan - Ann Arbor, Master's of Medical

 

Science, M.M.S.

 

     University of Michigan - Dearborn, Business Analytics with a

 

Major in Business Analytics, M.S.

 

     University of Michigan - Dearborn, Supply Chain Management

 

with Minor in Supply Chain Management, M.S.

 

     University of Michigan - Flint, Accounting, M.S.

 

     University of Michigan - Flint, Master of Arts with

 

Certification Program, M.A.

 

     University of Michigan - Flint, Mathematics, M.A.

 

     (c) Doctoral degree programs:

 

     Michigan State University, Doctor of Nursing Practice, D.N.P.

 

     Michigan State University, Educational Leadership, Ed.D.

 

     Michigan Technological University, Biochemistry and Molecular

 

Biology, Ph.D.

 

     Northern Michigan University, Doctor of Nursing Practice,

 

D.N.P.

 

     Oakland University, Early Education and Intervention, Ed.S.

 

     Oakland University, Psychology, Ph.D.


 

     Saginaw Valley State University, Doctor of Nursing Practice,

 

D.N.P.

 

     University of Michigan - Ann Arbor, Nutritional Sciences,

 

Ph.D.

 

     (2) The listing of degree programs in subsection (1) does not

 

constitute legislative intent to provide additional dollars for

 

those programs.

 

     (3) When submitting the listing of new degree programs for

 

purposes of section 289(2)(e), the presidents council of state

 

universities shall also provide a listing of degree programs that

 

institutions of higher education will no longer offer in subsequent

 

academic years.By March 1 of each year, the presidents council,

 

state universities of Michigan shall provide a listing of new

 

degree programs for which enrollment information will be reported

 

to HEIDI under sections 241 and 289, as well as a listing of degree

 

programs that institutions of higher education will no longer offer

 

in subsequent academic years, to the house and senate

 

appropriations subcommittees on higher education, the house and

 

senate fiscal agencies, and the state budget director.

 

     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 2013-2014 under

 

article III is estimated at $1,333,547,100.00 and the amount of

 

that state spending from state sources to be paid to local units of

 

government for fiscal year 2013-2014 is estimated at $0.00.

 

     Enacting section 2. Sections 273a and 293a of the state school

 

aid act of 1979, 1979 PA 94, MCL 388.1873a and 388.1893a, are


 

repealed effective October 1, 2013.

 

     Enacting section 3. (1) Except as otherwise provided in

 

subsection (2), this amendatory act takes effect October 1, 2013.

 

     (2) Sections 252, 265, 265a, and 267 of the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1852, 388.1865, 388.1865a, and

 

388.1867, as amended by this amendatory act, take effect upon

 

enactment of this amendatory act.