Bill Text: MI HB4230 | 2019-2020 | 100th Legislature | Engrossed

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Bill Title: Appropriations: zero budget; community colleges; provide for fiscal year 2019-2020. Amends secs. 201 & 201a of 1979 PA 94 (MCL 388.1801 & 388.1801a).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2019-08-29 - Reassigned To Committee On Appropriations [HB4230 Detail]

Download: Michigan-2019-HB4230-Engrossed.html

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HB-4230, As Passed House, June 12, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4230

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending sections 201, 201a, 206, 207a, 207b, 207c, 209, 209a,

 

210b, 210f, 217, 225, 229a, and 230 (MCL 388.1801, 388.1801a,

 

388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a,

 

388.1810b, 388.1810f, 388.1817, 388.1825, 388.1829a, and 388.1830),

 

sections 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225,

 

229a, and 230 as amended and sections 209a and 210f as added by

 

2018 PA 265; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 201. (1) Subject to the conditions set forth in this

 

article, the amounts listed in this section are appropriated for

 

community colleges 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 $408,215,500.00.

 

$414,719,000.00. After deducting total interdepartmental grants and

 

intradepartmental transfers in the amount of $0.00, the adjusted

 

gross appropriation is $408,215,500.00.$414,719,000.00.

 

     (b) The sources of the adjusted gross appropriation described

 

in subdivision (a) are as follows:

 

     (i) Total federal revenues, $0.00.

 

     (ii) Total local revenues, $0.00.

 

     (iii) Total private revenues, $0.00.

 

     (iv) Total other state restricted revenues,

 

$408,215,500.00.$414,719,000.00.

 

     (v) State general fund/general purpose money, $0.00.

 

     (2) Subject to subsection (3), the amount appropriated for

 

community college operations is $322,250,900.00, $325,473,400.00,

 

allocated as follows:

 

     (a) The appropriation for Alpena Community College is

 

$5,707,600.00, $5,665,900.00 for operations and $41,700.00 for

 

performance funding.$5,782,400.00, $5,707,600.00 for operations and

 

$74,800.00 for performance funding.

 

     (b) The appropriation for Bay de Noc Community College is

 

$5,624,800.00, $5,589,000.00 for operations and $35,800.00 for

 

performance funding.$5,696,600.00, $5,624,800.00 for operations and

 

$71,800.00 for performance funding.

 

     (c) The appropriation for Delta College is $15,104,300.00,

 

$14,990,700.00 for operations and $113,600.00 for performance

funding.$15,239,100.00, $15,104,300.00 for operations and

 

$134,800.00 for performance funding.

 

     (d) The appropriation for Glen Oaks Community College is

 

$2,620,000.00, $2,601,400.00 for operations and $18,600.00 for

 

performance funding.$2,665,900.00, $2,620,000.00 for operations and

 

$45,900.00 for performance funding.

 

     (e) The appropriation for Gogebic Community College is

 

$4,844,300.00, $4,809,700.00 for operations and $34,600.00 for

 

performance funding.$4,903,800.00, $4,844,300.00 for operations and

 

$59,500.00 for performance funding.

 

     (f) The appropriation for Grand Rapids Community College is

 

$18,709,300.00, $18,556,800.00 for operations and $152,500.00 for

 

performance funding.$18,900,200.00, $18,709,300.00 for operations

 

and $190,900.00 for performance funding.

 

     (g) The appropriation for Henry Ford College is

 

$22,463,600.00, $22,299,200.00 for operations and $164,400.00 for

 

performance funding.$22,663,400.00, $22,463,600.00 for operations

 

and $199,800.00 for performance funding.

 

     (h) The appropriation for Jackson College is $12,698,200.00,

 

$12,617,200.00 for operations and $81,000.00 for performance

 

funding.$12,799,200.00, $12,698,200.00 for operations and

 

$101,000.00 for performance funding.

 

     (i) The appropriation for Kalamazoo Valley Community College

 

is $13,046,600.00, $12,948,700.00 for operations and $97,900.00 for

 

performance funding.$13,166,100.00, $13,046,600.00 for operations

 

and $119,500.00 for performance funding.

 

     (j) The appropriation for Kellogg Community College is

$10,214,400.00, $10,143,600.00 for operations and $70,800.00 for

 

performance funding.$10,303,700.00, $10,214,400.00 for operations

 

and $89,300.00 for performance funding.

 

     (k) The appropriation for Kirtland Community College is

 

$3,321,600.00, $3,289,400.00 for operations and $32,200.00 for

 

performance funding.$3,383,500.00, $3,321,600.00 for operations and

 

$61,900.00 for performance funding.

 

     (l) The appropriation for Lake Michigan College is

 

$5,672,100.00, $5,631,000.00 for operations and $41,100.00 for

 

performance funding.$5,724,200.00, $5,672,100.00 for operations and

 

$52,100.00 for performance funding.

 

     (m) The appropriation for Lansing Community College is

 

$32,725,800.00, $32,515,500.00 for operations and $210,300.00 for

 

performance funding.$32,989,800.00, $32,725,800.00 for operations

 

and $264,000.00 for performance funding.

 

     (n) The appropriation for Macomb Community College is

 

$34,124,000.00, $33,863,600.00 for operations and $260,400.00 for

 

performance funding.$34,432,000.00, $34,124,000.00 for operations

 

and $308,000.00 for performance funding.

 

     (o) The appropriation for Mid Michigan Community College is

 

$5,112,400.00, $5,068,300.00 for operations and $44,100.00 for

 

performance funding.$5,223,500.00, $5,112,400.00 for operations and

 

$111,100.00 for performance funding.

 

     (p) The appropriation for Monroe County Community College is

 

$4,708,600.00, $4,665,500.00 for operations and $43,100.00 for

 

performance funding.$4,761,100.00, $4,708,600.00 for operations and

 

$52,500.00 for performance funding.

     (q) The appropriation for Montcalm Community College is

 

$3,542,900.00, $3,515,200.00 for operations and $27,700.00 for

 

performance funding.$3,581,500.00, $3,542,900.00 for operations and

 

$38,600.00 for performance funding.

 

     (r) The appropriation for C.S. Mott Community College is

 

$16,381,600.00, $16,258,100.00 for operations and $123,500.00 for

 

performance funding.$16,532,600.00, $16,381,600.00 for operations

 

and $151,000.00 for performance funding.

 

     (s) The appropriation for Muskegon Community College is

 

$9,264,700.00, $9,203,000.00 for operations and $61,700.00 for

 

performance funding.$9,342,200.00, $9,264,700.00 for operations and

 

$77,500.00 for performance funding.

 

     (t) The appropriation for North Central Michigan College is

 

$3,402,600.00, $3,368,400.00 for operations and $34,200.00 for

 

performance funding.$3,443,900.00, $3,402,600.00 for operations and

 

$41,300.00 for performance funding.

 

     (u) The appropriation for Northwestern Michigan College is

 

$9,625,400.00, $9,559,700.00 for operations and $65,700.00 for

 

performance funding.$9,709,700.00, $9,625,400.00 for operations and

 

$84,300.00 for performance funding.

 

     (v) The appropriation for Oakland Community College is

 

$22,093,000.00, $21,905,700.00 for operations and $187,300.00 for

 

performance funding.$22,329,200.00, $22,093,000.00 for operations

 

and $236,200.00 for performance funding.

 

     (w) The appropriation for Schoolcraft College is

 

$13,112,900.00, $12,991,300.00 for operations and $121,600.00 for

 

performance funding.$13,265,800.00, $13,112,900.00 for operations

and $152,900.00 for performance funding.

 

     (x) The appropriation for Southwestern Michigan College is

 

$6,946,900.00, $6,903,300.00 for operations and $43,600.00 for

 

performance funding.$7,008,600.00, $6,946,900.00 for operations and

 

$61,700.00 for performance funding.

 

     (y) The appropriation for St. Clair County Community College

 

is $7,358,700.00, $7,300,100.00 for operations and $58,600.00 for

 

performance funding.$7,432,000.00, $7,358,700.00 for operations and

 

$73,300.00 for performance funding.

 

     (z) The appropriation for Washtenaw Community College is

 

$13,764,000.00, $13,631,400.00 for operations and $132,600.00 for

 

performance funding.$13,930,100.00, $13,764,000.00 for operations

 

and $166,100.00 for performance funding.

 

     (aa) The appropriation for Wayne County Community College is

 

$17,487,200.00, $17,338,300.00 for operations and $148,900.00 for

 

performance funding.$17,664,000.00, $17,487,200.00 for operations

 

and $176,800.00 for performance funding.

 

     (bb) The appropriation for West Shore Community College is

 

$2,573,400.00, $2,556,300.00 for operations and $17,100.00 for

 

performance funding.$2,599,300.00, $2,573,400.00 for operations and

 

$25,900.00 for performance funding.

 

     (3) The amount appropriated in subsection (2) for community

 

college operations is $322,250,900.00 $325,473,400.00 and is

 

appropriated from the state school aid fund.

 

     (4) From the appropriations described in subsection (1), both

 

of the following apply:

 

     (a) Subject to section 207a, the amount appropriated for

fiscal year 2018-2019 2019-2020 to offset certain fiscal year 2018-

 

2019 2019-2020 retirement contributions is $1,733,600.00,

 

$1,733,600.00, appropriated from the state school aid fund.

 

     (b) For fiscal year 2018-2019 2019-2020 only, there is

 

allocated an amount not to exceed $6,431,000.00 $12,212,000.00 for

 

payments to participating community colleges, appropriated from the

 

state school aid fund. A community college that receives money

 

under this subdivision shall use that money solely for the purpose

 

of offsetting the normal cost contribution rate.

 

     (5) From the appropriations described in subsection (1),

 

subject to section 207b, the amount appropriated for payments to

 

community colleges that are participating entities of the

 

retirement system is $75,300,000.00, $73,100,000.00, appropriated

 

from the state school aid fund.

 

     (6) From the appropriations described in subsection (1),

 

subject to section 207c, the amount appropriated for renaissance

 

zone tax reimbursements is $2,500,000.00, $2,200,000.00,

 

appropriated from the state school aid fund.

 

     Sec. 201a. 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 201. 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 retirement costs, 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.

     Sec. 206. (1) The funds appropriated in section 201 are

 

appropriated for community colleges with fiscal years ending June

 

30, 2019 2020 and shall be paid out of the state treasury and

 

distributed by the state treasurer to the respective community

 

colleges in 11 monthly installments on the sixteenth of each month,

 

or the next succeeding business day, beginning with October 16,

 

2018. 2019. Each community college shall accrue its July and August

 

2019 2020 payments to its institutional fiscal year ending June 30,

 

2019.2020.

 

     (2) If the state budget director determines that a community

 

college failed to submit any of the information described in

 

subdivisions (a) to (f) in the form and manner specified by the

 

center, the state treasurer shall, subject to subdivision (g),

 

withhold the monthly installments from that community college until

 

those data are submitted:

 

     (a) The Michigan community colleges verified data inventory

 

data for the preceding academic year to the center by the first

 

business day of November 1 of each year as specified in section

 

217.

 

     (b) The college credit opportunity data set as specified in

 

section 209.

 

     (c) The longitudinal data set for the preceding academic year

 

to the center as specified in section 219.

 

     (d) The annual independent audit as specified in section 222.

 

     (e) Tuition and mandatory fees information for the current

 

academic year as specified in section 225.

 

     (f) The number and type of associate degrees and other

certificates awarded during the previous academic year as specified

 

in section 226.

 

     (g) The state budget director shall notify the chairs of the

 

house and senate appropriations subcommittees on community colleges

 

at least 10 days before withholding funds from any community

 

college.

 

     Sec. 207a. All of the following apply to the allocation of the

 

fiscal year 2018-2019 2019-2020 appropriations described in section

 

201(4):

 

     (a) A community college that receives money under section

 

201(4) shall use that money solely for the purpose of offsetting a

 

portion of the retirement contributions owed by the college for

 

that fiscal year.

 

     (b) The amount allocated to each participating community

 

college under section 201(4) shall be based on each college's

 

percentage of the total covered payroll for all community colleges

 

that are participating colleges in the immediately preceding fiscal

 

year.

 

     Sec. 207b. All of the following apply to the allocation of the

 

fiscal year 2018-2019 2019-2020 appropriations described in section

 

201(5) for payments to community colleges that are participating

 

entities of the retirement system:

 

     (a) The amount of a payment under section 201(5) shall be the

 

difference between the unfunded actuarial accrued liability

 

contribution rate as calculated under section 41 of the public

 

school employees retirement act of 1979, 1980 PA 300, MCL 38.1341,

 

as calculated without taking into account the maximum employer rate

of 20.96% included in section 41 of the public school employees

 

retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum

 

employer rate of 20.96% under section 41 of the public school

 

employees retirement act of 1979, 1980 PA 300, MCL 38.1341.

 

     (b) The amount allocated to each community college under

 

section 201(5) shall be based on each community college's

 

percentage of the total covered payroll for all community colleges

 

that are participating colleges in the immediately preceding fiscal

 

year. A community college that receives funds under this

 

subdivision shall use the funds solely for the purpose of

 

retirement contributions under section 201(5).

 

     (c) Each participating college that receives funds under

 

section 201(5) shall forward an amount equal to the amount

 

allocated under subdivision (b) to the retirement system in a form

 

and manner determined by the retirement system.

 

     Sec. 207c. All of the following apply to the allocation of the

 

appropriations described in section 201(6) to community colleges

 

described in section 12(3) of the Michigan renaissance zone act,

 

1996 PA 376, MCL 125.2692:

 

     (a) The amount allocated to each community college under

 

section 201(6) for fiscal year 2018-2019 2019-2020 shall be based

 

on that community college's proportion of total revenue lost by

 

community colleges as a result of the exemption of property taxes

 

levied in 2018 2019 under the Michigan renaissance zone act, 1996

 

PA 376, MCL 125.2681 to 125.2696.

 

     (b) The appropriations described in section 201(6) shall be

 

made to each eligible community college within 60 days after the

department of treasury certifies to the state budget director that

 

it has received all necessary information to properly determine the

 

amounts payable to each eligible community college under section 12

 

of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.

 

     Sec. 209. (1) Within 30 days after the board of a community

 

college adopts its annual operating budget for the following fiscal

 

year, or after the board adopts a subsequent revision to that

 

budget, the community college shall make all of the following

 

available through a link on its website homepage:

 

     (a) The annual operating budget and subsequent budget

 

revisions.

 

     (b) A link to the most recent "Michigan Community College Data

 

Inventory Report".

 

     (c) General fund revenue and expenditure projections for the

 

current fiscal year and the next fiscal year.

 

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

 

project, anticipated payment of each project, and total outstanding

 

debt for the current fiscal year.

 

     (e) Links to all of the following for the community college:

 

     (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

 

community college.

 

     (iii) Audits and financial reports for the most recent fiscal

year for which they are available.

 

     (iv) A copy of the board of trustees resolution regarding

 

compliance with best practices for the local strategic value

 

component described in section 230(2).

 

     (f) A map that includes the boundaries of the community

 

college district.

 

     (2) For statewide consistency and public visibility, community

 

colleges 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 community college's homepage.

 

The size of the icon may be reduced to 150 x 150 pixels.

 

     (3) The state budget director shall determine whether a

 

community college has complied with this section. The state budget

 

director may withhold a community college's monthly installments

 

described in section 206 until the community college complies with

 

this section. The state budget director shall notify the chairs of

 

the house and senate appropriations subcommittee on community

 

colleges at least 10 days before withholding funds from any

 

community college.

 

     (4) Each community college shall report the following

 

information to the senate and house appropriations subcommittees on

 

community colleges, the senate and house fiscal agencies, and the

 

state budget office by November 15 of each fiscal year and post

 

that information on its website as required under subsection (1):

 

     (a) Budgeted current fiscal year general fund revenue from

 

tuition and fees.

     (b) Budgeted current fiscal year general fund revenue from

 

state appropriations.

 

     (c) Budgeted current fiscal year general fund revenue from

 

property taxes.

 

     (d) Budgeted current fiscal year total general fund revenue.

 

     (e) Budgeted current fiscal year total general fund

 

expenditures.

 

     (5) By The first business day of November 15 of each year, a

 

community college 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

 

community college 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 community college.

 

     (iii) Whether a college professor, qualified local school

 

district employee, or other individual teaches the course or

 

courses in the program.

     (iv) The total cost to the community college 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. 209a. (1) A public community college shall develop,

 

maintain, and update a "campus safety information and resources"

 

link, prominently displayed on the homepage of its website, to a

 

section of its website containing all of the information required

 

under subsection (2).

 

     (2) The "campus safety information and resources" section of a

 

public community college's website shall include, but not be

 

limited to, all of the following information:

 

     (a) Emergency contact numbers for police, fire, health, and

 

other services.

 

     (b) Hours, locations, phone numbers, and electronic mail

 

contacts for campus public safety offices and title IX offices.

 

     (c) A list of safety and security services provided by the

 

community college, including transportation, escort services,

 

building surveillance, anonymous tip lines, and other available

 

security services.

     (d) A public community college's policies applicable to minors

 

on community college property.

 

     (e) A directory of resources available at the community

 

college or surrounding community for students or employees who are

 

survivors of sexual assault or sexual abuse.

 

     (f) An electronic copy of "A Resource Handbook for Campus

 

Sexual Assault Survivors, Friends and Family", published in 2018 by

 

the office of the governor in conjunction with the first lady of

 

Michigan.

 

     (g) 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.

 

     (3) A community college shall certify to the state budget

 

director by August 31, 2018 2019 that it is in compliance with this

 

section. The state budget director may withhold a public community

 

college's monthly installments described in section 206 until the

 

public community college complies with this section.

 

     Sec. 210b. By March 1, 2019, 2020, the Michigan Community

 

College Association and the Michigan Association of State

 

Universities shall submit a report to the senate and house

 

appropriations subcommittees on community colleges, the senate and

 

house fiscal agencies, and the state budget director on the

 

activities and programs of the transfer steering committee since

the March 1, 2018 2019 report required under this section,

 

including all of the following:

 

     (a) The alignment of learning outcomes in gateway mathematics

 

courses in the quantitative reasoning, college algebra, and

 

statistics pathways and the transferability of mathematics gateway

 

courses between and among community colleges and universities.

 

     (b) The development of program-specific, statewide transfer

 

pathways that meet program requirements for both associate and

 

bachelor's degree programs.

 

     (c) The development of an enhanced online communication tool

 

to share information about postsecondary options in Michigan,

 

course equivalencies, and transfer pathways that are clearly

 

articulated.

 

     (d) The establishment of clear timelines for developing and

 

implementing transfer pathways.

 

     (e) A progress report on the implementation of the Michigan

 

transfer agreement.

 

     Sec. 210f. By February 1, 2019, 2020 and February 1 of every

 

even-numbered year thereafter, the Michigan community college

 

association, Community College Association, the Michigan

 

association of state universities, Association of State

 

Universities, and the Michigan independent colleges and

 

universities, 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. 217. (1) The center shall do all of the following:

 

     (a) Establish, maintain, and coordinate the state community

 

college database commonly known as the "Michigan Community College

 

Data Inventory".

 

     (b) Collect data concerning community colleges and community

 

college programs in this state, including data required by law.

 

     (c) Establish procedures to ensure the validity and

 

reliability of the data and the collection process.

 

     (d) Develop model data collection policies, including, but not

 

limited to, policies that ensure the privacy of any individual

 

student data. Privacy policies shall ensure that student social

 

security numbers are not released to the public for any purpose.

     (e) Provide data in a useful manner to allow state

 

policymakers and community college officials to make informed

 

policy decisions.

 

     (f) Work with the talent investment agency in the department

 

of talent and economic development to compile Compile and publish

 

electronically the demographic enrollment profile.

 

     (g) Compile and publish the community college performance

 

improvement and performance completion rate data to support the

 

performance funding formula metrics specified in section 230(1)(c)

 

and (e).

 

     (2) There is created within the center the Michigan Community

 

College Data Inventory advisory committee. The committee shall

 

provide advice to the director of the center regarding the

 

management of the state community college database, including, but

 

not limited to:

 

     (a) Determining what data are necessary to collect and

 

maintain to enable state and community college officials to make

 

informed policy decisions.

 

     (b) Defining the roles of all stakeholders in the data

 

collection system.

 

     (c) Recommending timelines for the implementation and ongoing

 

collection of data.

 

     (d) Establishing and maintaining data definitions, data

 

transmission protocols, and system specifications and procedures

 

for the efficient and accurate transmission and collection of data.

 

     (e) Establishing and maintaining a process for ensuring the

 

accuracy of the data.

     (f) Establishing and maintaining policies related to data

 

collection, including, but not limited to, privacy policies related

 

to individual student data.

 

     (g) Ensuring that the data are made available to state

 

policymakers and citizens of this state in the most useful format

 

possible.

 

     (h) Addressing other matters as determined by the director of

 

the center or as required by law.

 

     (3) The Michigan Community College Data Inventory advisory

 

committee created in subsection (2) shall consist of the following

 

members:

 

     (a) One representative from the house fiscal agency, appointed

 

by the director of the house fiscal agency.

 

     (b) One representative from the senate fiscal agency,

 

appointed by the director of the senate fiscal agency.

 

     (c) One representative from the workforce development agency,

 

appointed by the director of the workforce development agency.

 

     (d) One representative from the center, appointed by the

 

director of the center.

 

     (e) One representative from the state budget office, appointed

 

by the state budget director.

 

     (f) One representative from the governor's policy office,

 

appointed by that office.

 

     (g) Four representatives of the Michigan Community College

 

Association, appointed by the president of the association, . From

 

the groupings of community colleges given in the Michigan Community

 

College Data Inventory database described in subsection (1), the

association shall appoint 1 representative each from group 1, group

 

2, and group 3, and 1 representative from either group 3 or 4.that

 

represents a diverse mix of college sizes.

 

     Sec. 225. Each community college shall report to the center by

 

the last business day of August 31 of each year the tuition and

 

mandatory fees paid by a full-time in-district student and a full-

 

time out-of-district student as established by the college

 

governing board for the current academic year. This report should

 

also include the annual cost of tuition and fees based on a full-

 

time course load of 30 credits. This report must also specify the

 

amount that tuition and fees have increased for each institution

 

from the prior academic year. Each community college shall also

 

report any revisions to the reported current academic year tuition

 

and mandatory fees adopted by the college governing board to the

 

center within 15 days of being adopted. The center shall provide

 

this information and any revisions to the house and senate fiscal

 

agencies and the state budget director.

 

     Sec. 229a. Included in the fiscal year 2018-2019 2019-2020

 

appropriations for the department of technology, management, and

 

budget are appropriations totaling $36,378,100.00 $34,181,600.00 to

 

provide funding for the state share of costs for previously

 

constructed capital projects for community colleges. Those

 

appropriations for state building authority rent represent

 

additional state general fund support for community colleges, and

 

the following is an estimate of the amount of that support to each

 

community college:

 

     (a) Alpena Community College, $876,300.00.$702,500.00.

     (b) Bay de Noc Community College, $677,000.00.$679,000.00.

 

     (c) Delta College, $3,798,700.00.$3,905,300.00.

 

     (d) Glen Oaks Community College, $123,000.00.$123,400.00.

 

     (e) Gogebic Community College, $56,000.00.$56,200.00.

 

     (f) Grand Rapids Community College,

 

$2,536,500.00.$2,208,700.00.

 

     (g) Henry Ford College, $1,028,000.00.$1,031,000.00.

 

     (h) Jackson College, $2,164,000.00.$2,170,400.00.

 

     (i) Kalamazoo Valley Community College,

 

$1,942,000.00.$1,947,700.00.

 

     (j) Kellogg Community College, $681,300.00.$715,300.00.

 

     (k) Kirtland Community College, $591,800.00.$639,100.00.

 

     (l) Lake Michigan College, $975,800.00.$532,300.00.

 

     (m) Lansing Community College, $1,141,000.00.$1,144,300.00.

 

     (n) Macomb Community College, $1,649,000.00.$1,653,900.00.

 

     (o) Mid Michigan Community College,

 

$1,615,000.00.$1,619,700.00.

 

     (p) Monroe County Community College,

 

$1,544,300.00.$1,604,900.00.

 

     (q) Montcalm Community College, $971,000.00.$973,900.00.

 

     (r) C.S. Mott Community College, $2,107,200.00.$1,808,300.00.

 

     (s) Muskegon Community College, $989,000.00.$1,076,800.00.

 

     (t) North Central Michigan College, $668,000.00.$490,900.00.

 

     (u) Northwestern Michigan College,

 

$1,844,900.00.$1,471,300.00.

 

     (v) Oakland Community College, $465,000.00.$466,400.00.

 

     (w) Schoolcraft College, $2,296,000.00.$1,550,600.00.

     (x) Southwestern Michigan College, $887,500.00.$890,100.00.

 

     (y) St. Clair County Community College,

 

$723,500.00.$799,300.00.

 

     (z) Washtenaw Community College, $1,826,000.00.$1,680,900.00.

 

     (aa) Wayne County Community College,

 

$1,462,000.00.$1,466,300.00.

 

     (bb) West Shore Community College, $738,300.00.$773,100.00.

 

     Sec. 230. (1) Money included in the appropriations for

 

community college operations under section 201(2) in fiscal year

 

2018-2019 2019-2020 for performance funding is distributed based on

 

the following formula:

 

     (a) Allocated proportionate to fiscal year 2017-2018 2018-2019

 

base appropriations, 30%.

 

     (b) Based on a weighted student contact hour formula as

 

provided for in the 2016 recommendations of the performance

 

indicators task force, 30%.25%.

 

     (c) Based on the performance improvement as provided for in

 

the 2016 recommendations of the performance indicators task force,

 

10%.

 

     (d) Based on the performance completion number as provided for

 

in the 2016 recommendations of the performance indicators task

 

force, 10%.

 

     (e) Based on the performance completion rate as provided for

 

in the 2016 recommendations of the performance indicators task

 

force, 10%.

 

     (f) Based on administrative costs, 5%.

 

     (g) Based on the local strategic value component, as developed

in cooperation with the Michigan Community College Association and

 

described in subsection (2), 5%.

 

     (h) Based on the 6 community colleges with the lowest taxable

 

values in the 2017-2018 Michigan community college data inventory

 

report, weighted by fiscal year equated students, 5%.

 

     (2) Money included in the appropriations for community college

 

operations under section 201(2) for local strategic value shall be

 

allocated to each community college that certifies to the state

 

budget director, through a board of trustees resolution on or

 

before October 15, 2018, 2019, that the college has met 4 out of 5

 

best practices listed in each category described in subsection (3).

 

The resolution shall provide specifics as to how the community

 

college meets each best practice measure within each category. One-

 

third of funding available under the strategic value component

 

shall be allocated to each category described in subsection (3).

 

Amounts distributed under local strategic value shall be on a

 

proportionate basis to each college's fiscal year 2017-2018 2018-

 

2019 operations funding. Payments to community colleges that

 

qualify for local strategic value funding shall be distributed with

 

the November installment payment described in section 206.

 

     (3) For purposes of subsection (2), the following categories

 

of best practices reflect functional activities of community

 

colleges that have strategic value to the local communities and

 

regional economies:

 

     (a) For Category A, economic development and business or

 

industry partnerships, the following:

 

     (i) The community college has active partnerships with local

employers including hospitals and health care providers.

 

     (ii) The community college provides customized on-site

 

training for area companies, employees, or both.

 

     (iii) The community college supports entrepreneurship through

 

a small business assistance center or other training or consulting

 

activities targeted toward small businesses.

 

     (iv) The community college supports technological advancement

 

through industry partnerships, incubation activities, or operation

 

of a Michigan technical education center or other advanced

 

technology center.

 

     (v) The community college has active partnerships with local

 

or regional workforce and economic development agencies.

 

     (b) For Category B, educational partnerships, the following:

 

     (i) The community college has active partnerships with

 

regional high schools, intermediate school districts, and career-

 

tech centers to provide instruction through dual enrollment,

 

concurrent enrollment, direct credit, middle college, or academy

 

programs.

 

     (ii) The community college hosts, sponsors, or participates in

 

enrichment programs for area K-12 students, such as college days,

 

summer or after-school programming, or Science Olympiad.

 

     (iii) The community college provides, supports, or

 

participates in programming to promote successful transitions to

 

college for traditional age students, including grant programs such

 

as talent search, upward bound, or other activities to promote

 

college readiness in area high schools and community centers.

 

     (iv) The community college provides, supports, or participates

in programming to promote successful transitions to college for new

 

or reentering adult students, such as adult basic education, a high

 

school equivalency test preparation program and testing, or

 

recruiting, advising, or orientation activities specific to adults.

 

As used in this subparagraph, "high school equivalency test

 

preparation program" means that term as defined in section 4.

 

     (v) The community college has active partnerships with

 

regional 4-year colleges and universities to promote successful

 

transfer, such as articulation, 2+2, or reverse transfer agreements

 

or operation of a university center.

 

     (c) For Category C, community services, the following:

 

     (i) The community college provides continuing education

 

programming for leisure, wellness, personal enrichment, or

 

professional development.

 

     (ii) The community college operates or sponsors opportunities

 

for community members to engage in activities that promote leisure,

 

wellness, cultural or personal enrichment such as community sports

 

teams, theater or musical ensembles, or artist guilds.

 

     (iii) The community college operates public facilities to

 

promote cultural, educational, or personal enrichment for community

 

members, such as libraries, computer labs, performing arts centers,

 

museums, art galleries, or television or radio stations.

 

     (iv) The community college operates public facilities to

 

promote leisure or wellness activities for community members,

 

including gymnasiums, athletic fields, tennis courts, fitness

 

centers, hiking or biking trails, or natural areas.

 

     (v) The community college promotes, sponsors, or hosts

community service activities for students, staff, or community

 

members.

 

     (4) Payments for performance funding under section 201(2)

 

shall be made to a community college only if that community college

 

actively participates in the Michigan Transfer Network sponsored by

 

the Michigan Association of Collegiate Registrars and Admissions

 

Officers and submits timely updates, including updated course

 

equivalencies at least every 6 months, to the Michigan transfer

 

network. The state budget director shall determine if a community

 

college has not satisfied this requirement. The state budget

 

director may withhold payments for performance funding until a

 

community college is in compliance with this section.

 

     (5) Payments under section 201(2) for performance funding for

 

fiscal year 2019-2020 shall only be made to a community college

 

that certifies to the state budget director by August 31, 2019 that

 

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

 

resident students for the 2019-2020 academic year that is greater

 

than 115% of the higher education price index for fiscal year 2018,

 

which equates to 3.2%, or $128.00, 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 students at least once during their

 

enrollment at a community college. A community college 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 students

in the 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

 

community college 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 enrollment during

 

the academic year.

 

     (6) The state budget director shall implement uniform

 

reporting requirements to ensure that a community college receiving

 

a payment under section 201(2) for performance funding has

 

satisfied the tuition restraint requirements of subsection (5). The

 

state budget director has the sole authority to determine if a

 

community college has met the reporting requirements of this

 

subsection. Information reported by a community college to the

 

state budget director under this subsection shall also be reported

 

to the house and senate appropriations subcommittees on community

 

colleges and the house and senate fiscal agencies.

 

     Enacting section 1. In accordance with section 30 of article

 

IX of the state constitution of 1963, total state spending from

 

state sources for community colleges for fiscal year 2019-2020

 

under article II of the state school aid act of 1979, 1979 PA 94,

 

MCL 388.1801 to 388.1830, is estimated at $414,719,000.00 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

 

$414,719,000.00.

     Enacting section 2. Sections 218 and 227 of the state school

 

aid act of 1979, 1979 PA 94, MCL 388.1818 and 388.1827, are

 

repealed effective October 1, 2019.

 

     Enacting section 3. This amendatory act takes effect October

 

1, 2019.