Bill Text: MI SB0305 | 2023-2024 | 102nd Legislature | Introduced


Bill Title: Appropriations: higher education; appropriations for fiscal year 2023-2024; provide for. Amends secs. 236, 236b, 236c, 236h, 236j, 236k, 241, 245a, 248, 248a, 254, 263, 264, 265, 265b, 265f, 265g, 267, 268, 269, 270c, 274, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281 & 282 of 1979 PA 94 (MCL 388.1836 et seq.) & adds secs. 275k, 275l, 275m & 275n.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2023-04-27 - Referred To Committee On Appropriations [SB0305 Detail]

Download: Michigan-2023-SB0305-Introduced.html

 

 

 

 

 

 

 

 

 

 

SENATE BILL NO. 305

April 27, 2023, Introduced by Senators ALBERT and BELLINO and referred to the Committee on Appropriations.

A bill to amend 1979 PA 94, entitled

"The state school aid act of 1979,"

by amending sections 236, 236b, 236c, 236h, 236j, 236k, 241, 245a, 248, 248a, 254, 263, 264, 265, 265b, 265f, 265g, 267, 268, 269, 270c, 274, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, and 282 (MCL 388.1836, 388.1836b, 388.1836c, 388.1836h, 388.1836j, 388.1836k, 388.1841, 388.1845a, 388.1848, 388.1848a, 388.1854, 388.1863, 388.1864, 388.1865, 388.1865b, 388.1865f, 388.1865g, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874, 388.1875f, 388.1875g, 388.1875h, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, and 388.1882), sections 236 and 236j as amended and sections 248 and 248a as added by 2022 PA 212, sections 236b, 236c, 236h, 241, 245a, 263, 264, 265, 265b, 267, 268, 269, 270c, 274, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 236k, 265f, and 265g as added by 2022 PA 144, and section 254 as amended by 2017 PA 108, and by adding sections 275k, 275l, 275m, and 275n.

the people of the state of michigan enact:

Sec. 236. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for higher education for the fiscal year ending September 30, 2023, 2024, from the funds indicated in this section. The following is a summary of the appropriations in this section and section 236j:

(a) The gross appropriation is $2,016,635,700.00. $2,519,130,100.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $2,016,635,700.00.$2,519,130,100.00.

(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:

(i) Total federal revenues, $128,526,400.00.

(ii) Total local revenues, $0.00.

(iii) Total private revenues, $0.00.

(iv) Total other state restricted revenues, $347,888,300.00.$0.00.

(v) State general fund/general purpose money, $1,540,221,000.00.$2,390,603,700.00.

(c) The totals and subtotals reflected in subdivisions (a) and (b) do not include amounts appropriated under subsection (7)(f) or (8)(c) to avoid duplicating totals of amounts appropriated in this section and section 236j.

(2) Amounts appropriated for public universities are as follows:

(a) The appropriation for Central Michigan University is $91,145,100.00, $87,600,000.00 for operations, $0.00 for per-student floor funding, $1,752,000.00 for operations increase, and $1,793,100.00 for costs incurred under the North American Indian tuition waiver.$92,733,200.00, $89,352,000.00 for operations, $0.00 for per-student floor funding, $1,787,000.00 for operations increase, and $1,594,200.00 for costs incurred under the North American Indian tuition waiver.

(b) The appropriation for Eastern Michigan University is $79,152,400.00, $77,253,700.00 for operations, $0.00 for per-student floor funding, $1,545,100.00 for operations increase, and $353,600.00 for costs incurred under the North American Indian tuition waiver.$80,780,800.00, $78,798,800.00 for operations, $0.00 for per-student floor funding, $1,576,000.00 for operations increase, and $406,000.00 for costs incurred under the North American Indian tuition waiver.

(c) The appropriation for Ferris State University is $56,952,900.00, $55,025,500.00 for operations, $0.00 for per-student floor funding, $1,100,500.00 for operations increase, and $826,900.00 for costs incurred under the North American Indian tuition waiver.$57,962,700.00, $56,126,000.00 for operations, $0.00 for per-student floor funding, $1,122,500.00 for operations increase, and $714,200.00 for costs incurred under the North American Indian tuition waiver.

(d) The appropriation for Grand Valley State University is $81,253,800.00, $72,313,500.00 for operations, $7,661,000.00 for per-student floor funding, $0.00 for operations increase, and $1,279,300.00 for costs incurred under the North American Indian tuition waiver.$87,808,100.00, $79,974,500.00 for operations, $4,980,300.00 for per-student floor funding, $1,599,500.00 for operations increase, and $1,253,800.00 for costs incurred under the North American Indian tuition waiver.

(e) The appropriation for Lake Superior State University is $14,361,900.00, $13,307,000.00 for operations, $0.00 for per-student floor funding, $266,100.00 for operations increase, and $788,800.00 for costs incurred under the North American Indian tuition waiver.$14,783,100.00, $13,573,100.00 for operations, $0.00 for per-student floor funding, $271,500.00 for operations increase, and $938,500.00 for costs incurred under the North American Indian tuition waiver.

(f) The appropriation for Michigan State University is $372,054,800.00, $287,331,700.00 for operations, $0.00 for per-student floor funding, $14,349,600.00 for operations increase, $2,046,400.00 for costs incurred under the North American Indian tuition waiver, $36,684,200.00 for MSU AgBioResearch, and $31,642,900.00 for MSU Extension.$380,718,900.00, $301,681,300.00 for operations, $0.00 for per-student floor funding, $6,033,600.00 for operations increase, $1,943,800.00 for costs incurred under the North American Indian tuition waiver, $38,151,600.00 for MSU AgBioResearch, and $32,908,600.00 for MSU Extension.

(g) The appropriation for Michigan Technological University is $51,951,000.00, $50,101,600.00 for operations, $0.00 for per-student floor funding, $1,002,000.00 for operations increase, and $847,400.00 for costs incurred under the North American Indian tuition waiver.$52,992,600.00, $51,103,600.00 for operations, $0.00 for per-student floor funding, $1,022,100.00 for operations increase, and $866,900.00 for costs incurred under the North American Indian tuition waiver.

(h) The appropriation for Northern Michigan University is $50,751,100.00, $47,809,100.00 for operations, $0.00 for per-student floor funding, $1,780,700.00 for operations increase, and $1,161,300.00 for costs incurred under the North American Indian tuition waiver.$51,832,300.00, $49,589,800.00 for operations, $0.00 for per-student floor funding, $991,800.00 for operations increase, and $1,250,700.00 for costs incurred under the North American Indian tuition waiver.

(i) The appropriation for Oakland University is $60,761,900.00, $53,147,400.00 for operations, $7,259,200.00 for per-student floor funding, $0.00 for operations increase, and $355,300.00 for costs incurred under the North American Indian tuition waiver.$65,404,400.00, $60,406,600.00 for operations, $3,457,900.00 for per-student floor funding, $1,208,100.00 for operations increase, and $331,800.00 for costs incurred under the North American Indian tuition waiver.

(j) The appropriation for Saginaw Valley State University is $32,274,600.00, $30,583,800.00 for operations, $132,900.00 for per-student floor funding, $1,369,600.00 for operations increase, and $188,300.00 for costs incurred under the North American Indian tuition waiver.$32,931,900.00, $32,086,300.00 for operations, $0.00 for per-student floor funding, $641,700.00 for operations increase, and $203,900.00 for costs incurred under the North American Indian tuition waiver.

(k) The appropriation for University of Michigan – Ann Arbor is $339,198,000.00, $321,970,100.00 for operations, $0.00 for per-student floor funding, $16,390,200.00 for operations increase, and $837,700.00 for costs incurred under the North American Indian tuition waiver.$346,418,000.00, $338,360,300.00 for operations, $0.00 for per-student floor funding, $6,767,200.00 for operations increase, and $1,290,500.00 for costs incurred under the North American Indian tuition waiver.

(l) The appropriation for University of Michigan – Dearborn is $28,115,900.00, $26,167,000.00 for operations, $1,702,700.00 for per-student floor funding, $0.00 for operations increase, and $246,200.00 for costs incurred under the North American Indian tuition waiver.$29,183,800.00, $27,869,700.00 for operations, $571,200.00 for per-student floor funding, $557,400.00 for operations increase, and $185,500.00 for costs incurred under the North American Indian tuition waiver.

(m) The appropriation for University of Michigan – Flint is $25,159,200.00, $23,616,200.00 for operations, $953,900.00 for per-student floor funding, $204,700.00 for operations increase, and $384,400.00 for costs incurred under the North American Indian tuition waiver.$25,661,500.00, $24,774,800.00 for operations, $0.00 for per-student floor funding, $495,500.00 for operations increase, and $391,200.00 for costs incurred under the North American Indian tuition waiver.

(n) The appropriation for Wayne State University is $213,639,700.00, $202,996,700.00 for operations, $0.00 for per-student floor funding, $10,289,900.00 for operations increase, and $353,100.00 for costs incurred under the North American Indian tuition waiver.$217,955,900.00, $213,286,600.00 for operations, $0.00 for per-student floor funding, $4,265,700.00 for operations increase, and $403,600.00 for costs incurred under the North American Indian tuition waiver.

(o) The appropriation for Western Michigan University is $114,351,900.00, $111,522,200.00 for operations, $0.00 for per-student floor funding, $2,230,400.00 for operations increase, and $599,300.00 for costs incurred under the North American Indian tuition waiver.$116,571,400.00, $113,752,600.00 for operations, $0.00 for per-student floor funding, $2,275,100.00 for operations increase, and $543,700.00 for costs incurred under the North American Indian tuition waiver.

(3) The amount appropriated in subsection (2) for public universities is $1,611,124,200.00, $1,653,738,600.00, appropriated from the following:

(a) State school aid fund, $343,168,300.00.

(b) State general fund/general purpose money, $1,267,955,900.00.state general fund/general purpose money.

(4) The amount appropriated for Michigan public school employees' retirement system reimbursement is $70,000.00, appropriated from the state school aid fund.$0.00.

(5) The amount appropriated for state and regional programs is $316,800.00, appropriated from general fund/general purpose money and allocated as follows:

(a) Higher education database modernization and conversion, $200,000.00.

(b) Midwestern Higher Education Compact, $116,800.00.

(6) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose money and allocated as follows:

(a) Select student support services, $1,956,100.00.

(b) Michigan college/university partnership program, $586,800.00.

(c) Morris Hood, Jr. educator development program, $148,600.00.

(7) Subject to subsection (8), the amount appropriated for grants and financial aid is $397,783,200.00, $447,783,200.00, allocated as follows:

(a) State competitive scholarships, $29,861,700.00.

(b) Tuition grants, $42,021,500.00.

(c) Tuition incentive program, $71,300,000.00.

(d) Children of veterans and officer's survivor tuition grant programs, $1,400,000.00.

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

(f) Michigan achievement scholarships, $250,000,000.00. $300,000,000.00. From this amount, up to $10,000,000.00 may be used to award skills scholarships under section 248a.

(8) The money appropriated in subsection (7) for grants and financial aid is appropriated from the following:

(a) Federal revenues under the United States Department of Education, Office of Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.

(b) Federal revenues under the social security act, temporary assistance for needy families, $125,326,400.00.

(c) Postsecondary scholarship fund, $250,000,000.00. $300,000,000.00.

(d) State general fund/general purpose money, $19,256,800.00.

(9) For fiscal year 2022-2023 2023-2024 only, in addition to the allocation under subsection (4), from the appropriations described in subsection (1), there is allocated an amount not to exceed $4,650,000.00 $9,100,000.00 for payments to participating public universities, appropriated from the state school aid fund. general fund/general purpose money. A university that receives money under this subsection shall use that money solely for the purpose of offsetting the normal cost contribution rate. As used in this subsection, "participating public universities" means public universities that are a reporting unit of the Michigan public school employees' retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that pay contributions to the Michigan public school employees' retirement system for the state fiscal year.

(10) From the appropriations described in subsection (1), the amount appropriated for university safety grants is $150,000,000.00, appropriated from state general fund/general purpose money. Funds must be distributed to each university proportionately to the number of full-year equated students attending each university based on the most recent information collected by the higher education institutional data inventory. These funds must be used by each university to improve the safety of students attending that university.

(11) From the appropriations described in subsection (1), the amount appropriated for debt, infrastructure, technology, equipment, and maintenance is $250,000,000.00, appropriated from state general fund/general purpose money. These funds are to be used for debt paydown and necessary improvements and deferred maintenance of university buildings, facilities, and other physical infrastructure; necessary demolition of university buildings, facilities, and other physical infrastructure; necessary improvements and deferred maintenance of information technology, other technology infrastructure, and other equipment; and other purposes related to infrastructure, technology, equipment, and maintenance. These funds are not intended to be used for any other purpose than what is specified in this subsection. These funds are distributed to each university according to their respective share of total fiscal year equated students as reported to the higher education institutional data inventory for the fiscal year ending September 30, 2023. Payments to universities under this subsection must be distributed in 1 lump sum to each institution. At least 50% of funds received under this subsection are to be used to reduce debt held by the university as of March 1, 2023. From the amount appropriated under this subsection, each university is allocated the following:

(a) Grand Valley State University, $29,191,900.00.

(b) Michigan State University, $67,813,800.00.

(c) Oakland University, $21,855,600.00.

(d) Saginaw Valley State University, $9,302,500.00.

(e) University of Michigan – Ann Arbor, $73,564,500.00.

(f) University of Michigan – Dearborn, $9,430,200.00.

(g) University of Michigan – Flint, $7,861,500.00.

(h) Wayne State University, $30,980,000.00.

(12) From the appropriations described in subsection (1), subject to section 275n, the amount appropriated for ethical stem cell/fetal tissue research is $5,000,000.00, appropriated from state general fund/general purpose money.

(13) The amount appropriated for pregnant and parenting student support services is $500,000.00, appropriated from state general fund/general purpose money, and is subject to section 275m.

Sec. 236b. In addition to the funds appropriated in section 236, there is appropriated for grants and financial aid in fiscal year 2022-2023 2023-2024 an amount not to exceed $6,000,000.00 for federal contingency authorization. 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 2022-2023 2023-2024 in section 236, appropriations to the department of technology, management, and budget in the act providing general appropriations for fiscal year 2022-2023 2023-2024 for state building authority rent, totaling an estimated $132,295,300.00, $134,595,300.00, provide funding for the state share of costs for previously constructed capital projects for state universities. These appropriations for state building authority rent represent additional state general fund support provided to public universities, and the following is an estimate of the amount of that support to each university:

(a) Central Michigan University, $12,973,000.00.$13,013,100.00.

(b) Eastern Michigan University, $6,049,500.00.$6,068,200.00.

(c) Ferris State University, $8,392,700.00.$9,756,300.00.

(d) Grand Valley State University, $8,653,400.00.$8,680,100.00.

(e) Lake Superior State University, $2,340,600.00.$2,246,100.00.

(f) Michigan State University, $16,673,800.00.$16,725,300.00.

(g) Michigan Technological University, $3,421,600.00.$4,030,700.00.

(h) Northern Michigan University, $7,342,400.00.$7,768,000.00.

(i) Oakland University, $9,488,200.00.$9,517,400.00.

(j) Saginaw Valley State University, $7,855,700.00.$7,880,000.00.

(k) University of Michigan - Ann Arbor, $12,065,900.00.$11,757,500.00.

(l) University of Michigan - Dearborn, $10,774,000.00.$10,807,200.00.

(m) University of Michigan - Flint, $6,084,700.00.$6,103,500.00.

(n) Wayne State University, $10,118,000.00.$10,092,800.00.

(o) Western Michigan University, $10,061,800.00.$10,149,100.00.

Sec. 236h. (1) For fiscal year 2021-2022 2022-2023 only, in addition to the allocations under section 236(4) and (9), there is allocated an amount not to exceed $384,741,700.00 $250,000,000.00 for payments to participating public universities, $84,741,700.00 appropriated from the state general fund/general purpose money and $300,000,000.00 appropriated from the state school aid fund. A university that receives money under this subsection shall use that money solely for the purpose of payments toward the pension and other postemployment benefit unfunded actuarial accrued liabilities associated with members and pension recipients of those participating public universities. As used in this section, "participating public universities" means public universities that are reporting units of the Michigan public school employees' retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that pay contributions to the Michigan public school employees' retirement system for the state fiscal year.

(2) The amount allocated in subsection (1) must be allocated to each participating public university based on each participating public university's percentage of the total combined payrolls of the universities' employees who are members of the retirement system and who were hired before January 1, 1996 and the universities' employees who would have been members of the retirement system on or after January 1, 1996, but for the enactment of 1995 PA 272 for all public universities that are participating public universities for the immediately preceding state fiscal year.

(3) Participating public universities receiving funds under this section shall forward an amount equal to the amount allocated under subsection (1) to the retirement system in a form, manner, and time frame determined by the retirement system.

(4) Amounts allocated in subsection (1) must be paid to participating public universities in 1 lump-sum installment no later than September 30, 2022.2023.

Sec. 236j. (1) The postsecondary scholarship fund is created in the department of treasury for the purpose of providing scholarship awards to eligible students who attend eligible postsecondary educational institutions in this state, as provided in subsection (5).

(2) The state treasurer may receive money or other assets from any source for deposit into the postsecondary scholarship fund. The state treasurer shall direct the investment of the postsecondary scholarship fund. The state treasurer shall credit to the postsecondary scholarship fund interest and earnings from postsecondary scholarship fund investments.

(3) Except as otherwise provided in subsection (5)(c), money Money in the postsecondary scholarship fund at the close of the fiscal year must remain in the postsecondary scholarship fund and not lapse to the general fund.

(4) The department of treasury shall be the administrator of the postsecondary scholarship fund for auditing purposes.

(5) The expenditure of money from the postsecondary scholarship fund is subject to all of the following:

(a) Money must be expended from the postsecondary scholarship fund only for the purpose of providing Michigan achievement scholarship awards to eligible students who attend eligible postsecondary educational institutions in this state.

(b) Criteria for student and institutional eligibility under subdivision (a), along with all other program requirements, must be established pursuant to a postsecondary scholarship program enacted into the law of this state that is effective by not later than September 30, 2023.

(c) If a postsecondary scholarship program is not enacted into law with an effective date as described in subdivision (b), money in the postsecondary scholarship fund must remain in the postsecondary scholarship fund and not lapse to the general fund.

(6) For the fiscal year ending September 30, 2023, 2024, $250,000,000.00 $50,000,000.00 is deposited into the postsecondary scholarship fund from the state general fund/general purpose money.

(7) It is the intent of the legislature that the postsecondary scholarship fund serves as the primary funding source of the Michigan achievement scholarship. To ensure the Michigan achievement scholarship provides ongoing supports for students, it is the intent of the legislature to increase annual deposits into the postsecondary scholarship fund by $50,000,000.00 per year until the fully implemented costs of the Michigan achievement scholarship are deposited annually into the postsecondary scholarship fund.

Sec. 236k. (1) The amounts appropriated in section 236 for per-student floor funding are distributed to those public universities whose annual state appropriations per fiscal year equated student is less than $4,500.00 and are to be allocated each year, beginning with the fiscal year ending September 30, 2023, over 3 years until a funding floor of $4,500.00 is met.

(2) The per-student floor funding allocation for fiscal year 2022-2023 2023-2024 is an amount equal to (the difference between $4,500.00 and the amount calculated by dividing the annual state appropriations for fiscal year 2020-2021 2021-2022 by total fiscal year equated students for all public universities for fiscal year 2020-2021) 2021-2022) divided by 3. 2. The amount paid to an eligible public university is the amount calculated in the immediately preceding sentence multiplied by that university's fiscal year equated students for fiscal year 2020-2021. 2021-2022. If a calculation under this section results in an amount less than $0.00, the payment under this section is equal to $0.00. It is intended that each university will reach a minimum funding level of at least $4,500.00 over 3 years.

(3) As used in this section:

(a) "Annual state appropriations" means the total of those amounts allocated in section 236(2) with the exception of MSU AgBioResearch and MSU Extension for the fiscal year ending September 30, 2021.2022.

(b) "Fiscal year equated students" means that term as used in the higher education institutional data inventory for the fiscal year ending September 30, 2021.2022.

Sec. 241. (1) Subject to sections 244 and 265a, the funds appropriated in section 236 to public universities must 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, 2022. 2023. Except for Wayne State University, each institution shall accrue its July and August 2022 2024 payments to its institutional fiscal year ending June 30, 2023.2024.

(2) All public universities shall submit higher education institutional data inventory (HEIDI) data and associated financial aid program information requested by and in a manner prescribed by the state budget director. For public universities with fiscal years ending June 30, these data must be submitted to the state budget director by October 15 of each fiscal year. Public universities with a fiscal year ending September 30, 2022 2023 shall submit preliminary HEIDI data by November 15, 2022 2023 and final data by December 15, 2022. 2023. If a public university fails to submit HEIDI data and associated financial aid program information in accordance with this reporting schedule, the state treasurer may withhold the monthly installments under subsection (1) to the public university until those data are submitted.

Sec. 245a. (1) A public university 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 university's website must 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, telephone numbers, and email contacts for campus public safety offices and title IX offices.

(c) A listing of safety and security services provided by the university, including transportation, escort services, building surveillance, anonymous tip lines, and other available security services.

(d) The university's policies applicable to minors on university property.

(e) A directory of resources available at the university 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.

(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 must 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 public university shall certify to the state budget director by October 1, 2022 2023 that it is in compliance 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. 248. (1) The funds appropriated in section 236 for Michigan achievement scholarships must be distributed as provided in this section and section 248a, pursuant to the administrative procedures for Michigan achievement scholarships of the department.

(2) As used in this section:

(a) "Department" means the department of treasury.

(b) "Eligible institution" means a public university that receives an appropriation in section 236, a community college that receives an appropriation in section 201, a federally recognized tribal college in this state, or an independent nonprofit college or university in this state as described in section 1 of 1966 PA 313, MCL 390.991.

(c) "Gift aid" includes federal Pell grants under 20 USC 1070a, tuition incentive program benefits under section 256, state tuition grants under section 252, awards received for minimum payments awarded in subsection (4), higher education expenses paid under the Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, and all other federal, state, local, or institutional aid in the form of grants, scholarships, or discounts applied toward tuition and mandatory fees. Gift aid does not include student loans, work-study awards, qualified withdrawals made from education savings accounts to pay higher education expenses pursuant to the Michigan education savings program act, 2000 PA 161, MCL 390.1471 to 390.1486, or higher education expenses paid under the Michigan education trust program pursuant to the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442.

(d) "High school equivalency certificate" means that term as defined in section 4.

(3) An individual must meet all of the following criteria and financial thresholds each year to be eligible for a Michigan achievement scholarship awarded under this section:

(a) Be a resident of this state for at least the immediately preceding year.

(b) Have graduated from high school in this state with a diploma or certificate of completion or achieved a high school equivalency certificate in 2023 or after.

(c) Be a full-time undergraduate student at an eligible institution, as defined by that eligible institution, and be a first-time enrollee in an eligible institution during the 2023-2024 academic year, or a subsequent academic year, within 15 months after high school graduation or attainment of a high school equivalency certificate or have received a Michigan achievement scholarship in a previous academic year. For the purposes of this subdivision, participation in a dual enrollment, early college, or other similar program while attending high school does not disqualify a student from being considered a first-time enrollee.

(d) Maintain satisfactory academic progress, as defined by the eligible institution in which the student is enrolled.

(e) Not be incarcerated in a corrections institution.

(f) Not be in default on a federal student loan.

(g) Timely complete the Free Application for Federal Student Aid and have an expected family contribution of $25,000.00 or less.

(h) Timely apply for all available gift aid for each academic year in which the individual applies for a Michigan achievement scholarship.

(4) Michigan achievement scholarships are subject to all of the following:

(a) Subject to section 248a(3)(f)(i), an eligible student may receive an award under this section or section 248a for a maximum of 5 academic years, not more than 3 of which may be for attending eligible institutions that are community colleges or federally recognized tribal colleges. A student may not receive an award under this subsection and section 248a(3)(f)(i) during the same academic year.

(b) The amount awarded to an eligible student at an eligible institution that is a community college or federally recognized tribal college must equal the sum of following:

(i) A minimum payment of $1,750.00, which is comprised of a base payment of $1,000.00 plus an additional payment of $750.00.

(ii) The lesser of $1,000.00 or the student's last-dollar payment amount.

(c) The amount awarded to an eligible student at an eligible institution that is a public university must equal the sum of following:

(i) A minimum payment of $2,500.00, which is comprised of a base payment of $1,000.00 plus an additional payment of $1,500.00.

(ii) The lesser of $3,000.00 or the student's last-dollar payment amount.

(d) The amount awarded to an eligible student at an eligible institution that is an independent nonprofit college or university must equal the sum of the following:

(i) A minimum payment of $1,000.00.

(ii) The lesser of $3,000.00 or the student's last-dollar payment amount.

(e) Money awarded under this subsection for a Michigan achievement scholarship must be paid to the eligible institution for credit to the student's account.

(f) As used in this subsection:

(i) "Last-dollar payment amount" means an amount equal to the tuition cost for an eligible student's courses at the resident rate, regardless of whether the student actually incurred that rate, plus the student's mandatory fees, minus all gift aid received by the student.

(ii) "Resident rate" means the lowest tuition rate charged to in-state students by the eligible institution, including, if any, an in-district tuition rate.

(5) The department shall work closely with participating institutions to provide the highest level of participation and ensure that all requirements of the program are met.

(6) The department shall ensure that Michigan achievement scholarships are well publicized and that high school students are provided information on the program. The department shall provide the necessary funding and staff to fully operate the program.

(7) The following reporting obligations apply to the Michigan achievement scholarship program:

(a) Beginning December 1, 2023, by By December 1 of each year, the department shall provide a written report, organized by eligible institution, to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director that includes the following information for the previous academic year:

(i) The number of students who qualified for a Michigan achievement scholarship.

(ii) The number of students who received a Michigan achievement scholarship.

(iii) The average number of credits earned by students who received a Michigan achievement scholarship.

(iv) The number of Michigan achievement scholarships that were canceled due to failure to maintain satisfactory academic progress under subsection (3)(d).

(v) The number of Michigan achievement scholarships that were canceled due to a student ceasing attendance at an eligible institution. The number must not include any known transfers to another eligible institution.

(vi) The number of Michigan achievement scholarships that were canceled due to a student's failure to maintain full-time status.

(b) Each eligible institution whose students receive awards under this section shall cooperate with the department in a timely manner to facilitate the creation of the report under subdivision (a).

(8) Beginning April 1, 2024, by By April 1 of each year, each eligible institution shall submit a report that provides the following information to the department, the state budget office, and the house and senate fiscal agencies:

(a) A description of each financial aid or scholarship program offered by the eligible institution to undergraduate students attending that institution, including the minimum and maximum dollar amounts available to a qualifying student for each program and the types of costs that awards from each program may cover. At a minimum, this report must include the amount of institutional aid, including student loans, work-study awards, merit-based scholarships, and need-based grants, offered by the institution.

(b) A description of any changes made to institutional undergraduate financial aid programs between the current academic year and prior academic year.

(c) The total institutional grant aid per full-year equated undergraduate student for the current institution fiscal year and for the immediately preceding 3 institution fiscal years. If the institution does not maintain total institutional grant aid per full-year equated undergraduate student at the average amount provided over the immediately preceding 3 institution fiscal years, the institution must include in the report a description of changes to institutional finances or the student population that prevented the institution from maintaining support for institutional aid. An institution's report of total institutional grant aid per full-year equated undergraduate student pursuant to this subdivision must be consistent with data most recently reported to the Integrated Postsecondary Education Data System.

(d) The number of students who received an award and the total dollar amount of awards for each program described under subdivision (a).

(9) For each fiscal year, an eligible institution that is a public university or independent nonprofit college or university becomes ineligible for funding under this section if, in the immediately preceding fiscal year, the institution exceeds 1 of the following tuition restraint requirements, as applicable:

(a) For an eligible institution that is a community college, the tuition restraint described in section 230(5).

(b) For an eligible institution that is a public university or independent nonprofit college or university, the tuition restraint described in section 265.

(10) It is the intent of the legislature that an eligible institution will not make changes to scholarship or financial aid programs offered by that eligible institution that have the goal or net effect of shifting the cost burden of those programs to the program described in this section.

Sec. 248a. (1) The funds appropriated in section 236 for Michigan achievement scholarships must be distributed as provided in this section and section 248, pursuant to the administrative procedures for Michigan achievement scholarship private training program of the department.

(2) As used in this section:

(a) "Department" means the department of labor and economic opportunity.

(b) "Gift aid" means that term as defined in section 248.

(b) (c) "High school equivalency certificate" means that term as defined in section 4.

(c) (d) "Qualified occupational training program" and "qualified private training institution" mean those terms as defined in section 13 of the Michigan reconnect grant recipient act, 2020 PA 68, MCL 390.1713.

(3) The department shall do all of the following:

(a) Develop and implement a process by which those seeking to participate in the Michigan achievement scholarship private training program as a qualified private training institutions offering qualified occupational training programs must apply to the department.

(b) Approve as a qualified occupational training program a program for which an application is submitted under subdivision (a) that meets all of the criteria to qualify as a qualified occupational training program, and post these criteria to the department's website.

(c) Ensure that an applicant under subdivision (a) is first included on this state's eligible training provider list as a qualified private training institution before each of the applicant's programs receives separate approval from the department as being a qualified occupational training program.

(d) Require that qualified private training institutions accepted to participate in the Michigan achievement scholarship private training program comply with data requests from the department as a condition of continued participation. For purposes of this subdivision, the department shall require institutions operating apprenticeship programs subject to this section to provide data that tracks relevant work experience required to verify a student's status as an apprentice.

(e) Maintain on its website a list of all qualified occupational training program options available to potential skills scholarship recipients.

(f) Award skills scholarships, subject to all of the following:

(i) A skills scholarship is a grant not to exceed $2,000.00 per year to contribute to tuition costs for a qualified occupational training program at a qualified private training institution, both of which are approved under this section, for a training program participant who meets the requirements of subparagraph (ii). A skills scholarship is available under this section only if the program participant has applied for all other gift aid, if any is available, and must not cause the total amount of all gift aid, including a skills scholarship awarded under this section, if any, to must not exceed the full amount of the tuition charged for the training program. A program participant may receive a skills scholarship under this section for a maximum of 2 academic years.

(ii) To receive the skills scholarship described in subparagraph (i), a qualified occupational training program participant must meet all of the following:

(A) Be a resident of this state for at least the immediately preceding year.

(B) Have graduated from a high school in this state with a diploma or certificate of completion or achieved a high school equivalency certificate in 2023 or after.

(C) Not have previously earned an associate or baccalaureate degree.

(D) Not have previously earned a degree, certificate, or other credential using a skills scholarship awarded under this section.

(E) Timely complete a Michigan achievement scholarship private training program skills scholarship application in a form and manner determined by the department.

(F) Timely apply for all other gift aid, if any is available, for the qualified occupational training program.

(iii) Subject to subparagraph (iv), the The department may award skills scholarships under this section only until money appropriated to the Michigan achievement scholarship private training program has been fully committed.

(iv) Once money allocated to the Michigan achievement scholarship private training program in section 236 has been fully committed, the department may continue to award skills scholarships under this section using money appropriated for Michigan reconnect grant program short-term training grants under section 201(7).

(g) Inform each recipient of a skills scholarship that the recipient will remain eligible for the Michigan achievement scholarship under section 248 for a maximum of 5 years, less any years of eligibility used for a skills scholarship awarded under this section, to pursue an associate degree, baccalaureate degree, or occupational certificate upon completion of a certification course of study at a qualified private training institution.

(4) Except as otherwise provided in subsection (5), the department shall promulgate rules to implement subsection (3)(a), (b), and (d) only, pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, subject to all of the following:

(a) Under subsection (3)(a), the department is limited to developing the form for the application described in subsection (3)(a) and prescribing the time and manner of its completion.

(b) Under subsection (3)(b), the department is limited to applying the eligibility criteria described in subsection (3)(b) and shall not apply any other eligibility criteria.

(c) Under subsection (3)(d), the department is limited to requiring compliance with data requests as described in subsection (3)(d).

(5) To facilitate implementation of the Michigan achievement scholarship private training program prior to final rules being adopted, the department may develop and administer the program in accordance with its proposed rules or other policy or directive of the department established pursuant to this section.

(6) It is the intent of the legislature that a qualified private training institution will not make changes to scholarship or financial aid programs offered by that qualified private training institution that have the goal or net effect of shifting the cost burden of those programs to the program described in this section.

Sec. 254. The sums appropriated in section 236 for the state competitive scholarship, tuition incentive, and tuition grant programs shall be paid out of the state treasury and shall be distributed to the respective institutions under a quarterly payment system as follows:

(a) For the state competitive scholarship and tuition grant programs, 50% shall be paid at the beginning of the state's first fiscal quarter, 30% during the state's second fiscal quarter, 10% during the state's third fiscal quarter, and 10% during the state's fourth fiscal quarter.

(b) For the tuition incentive program and Michigan achievement scholarship, 65% shall be paid at the beginning of the state's first fiscal quarter, and 35% during the state's second fiscal quarter.

Sec. 263. (1) Included in the appropriation in section 236 for fiscal year 2022-2023 2023-2024 for MSU AgBioResearch is $2,982,900.00 and included in the appropriation in section 236 for MSU Extension is $2,645,200.00 for Project GREEEN. Project GREEEN is intended to address critical regulatory, food safety, economic, and environmental problems faced by this state's plant-based agriculture, forestry, and processing industries. "GREEEN" is an acronym for Generating Research and Extension to Meet Environmental and Economic Needs.

(2) The department of agriculture and rural development and Michigan State University, in consultation with agricultural commodity groups and other interested parties, shall develop Project GREEEN and its program priorities.

Sec. 264. Included in the appropriation in section 236 for fiscal year 2022-2023 2023-2024 for Michigan State University is $80,000.00 for the Michigan Future Farmers of America Association. This $80,000.00 allocation must not supplant any existing support that Michigan State University provides to the Michigan Future Farmers of America Association.

Sec. 265. (1) Payments under section 236 for operations increase and per-student floor funding for fiscal year 2022-2023 2023-2024 must only be made to a public university that certifies to the state budget director by October 1, 2022 2023 that its board did not adopt an increase in tuition and fee rates for resident undergraduate students after September 1, 2021 2022 for the 2021-2022 2022-2023 academic year and that its board will not adopt an increase in tuition and fee rates for resident undergraduate students for the 2022-2023 2023-2024 academic year that is greater than 5.0% 4.5% or $722.00, $676.00, whichever is greater. As used in this subsection:

(a) "Fee" means any board-authorized fee that will be paid by more than 1/2 of all resident undergraduate students at least once during their enrollment at a public university, as described in the higher education institutional data inventory (HEIDI) user manual. A university increasing a fee that applies to a specific subset of students or courses shall provide sufficient information to prove that the increase applied to that subset will not cause the increase in the average amount of board-authorized total tuition and fees paid by resident undergraduate students in the 2022-2023 2023-2024 academic year to exceed the limit established in this subsection.

(b) "Tuition and fee rate" means the average of full-time rates paid by a majority of students in each undergraduate class, based on an unweighted average of the rates authorized by the university board and actually charged to students, deducting any uniformly rebated or refunded amounts, for the 2 semesters with the highest levels of full-time equated resident undergraduate enrollment during the academic year, as described in the higher education institutional data inventory (HEIDI) user manual.

(2) The state budget director shall implement uniform reporting requirements to ensure that a public university receiving a payment under section 236 for operations increase and per-student floor funding has satisfied the tuition restraint requirements of this section. The state budget director has 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 must also be reported to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies.

(3) Universities that exceed the tuition and fee rate cap described in subsection (1) will not receive a planning or construction authorization for a state-funded capital outlay project in fiscal year 2023-2024 2024-2025 or 2024-2025.2025-2026.

(4) Notwithstanding any other provision of this act, the legislature may at any time adjust appropriations for a university that adopts an increase in tuition and fee rates for resident undergraduate students that exceeds the rate cap established in subsection (1).

Sec. 265b. (1) Appropriations to public universities in section 236 for the fiscal year ending September 30, 2023 2024 for operations funding must be reduced by 10% pursuant to the procedures described in subdivision (a) for a public university that fails to submit certification to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies by October 1, 2022 2023 that the university complies with sections 274c and 274d and that it complies with all of the requirements described in subdivisions (b) to (i), as follows:

(a) If a university fails to submit certification, the state budget director shall withhold 10% of that university's annual operations funding until the university submits certification. If a university fails to submit certification by the end of the fiscal year, the 10% of its annual operations funding that is withheld must lapse to the general fund.

(b) For title IX investigations of alleged sexual misconduct, the university prohibits the use of medical experts that have an actual or apparent conflict of interest.

(c) For title IX investigations of alleged sexual misconduct, the university prohibits the issuance of divergent reports to complainants, respondents, and administration and instead requires that identical reports be issued to them.

(d) Consistent with the university's obligations under 20 USC 1092(f), the university notifies each individual who reports having experienced sexual assault by a student, faculty member, or staff member of the university that the individual has the option to report the matter to law enforcement, to the university, to both, or to neither, as the individual may choose.

(e) The university provides both of the following:

(i) For all freshmen and incoming transfer students enrolled, an in-person sexual misconduct prevention presentation or course, which must include contact information for the title IX office of the university.

(ii) For all students not considered freshmen or incoming transfer students, an online or electronic sexual misconduct prevention presentation or course.

(f) The university prohibits seeking compensation from the recipient of any medical procedure, treatment, or care provided by a medical professional who has been convicted of a felony arising out of the medical procedure, treatment, or care.

(g) The university had a third party review its title IX compliance office and related policies and procedures by the end of the 2018-2019 academic year. A copy of the third-party review must be transmitted to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies. Each university shall have a third-party review once every three years and a copy of the third-party review must be transmitted to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies.

(h) The university requires that the governing board and the president or chancellor of the university receive not less than quarterly reports from their title IX coordinator or title IX office. The report must contain aggregated data of the number of sexual misconduct reports that the office received for the academic year, the types of reports received, including reports received against employees, and a summary of the general outcomes of the reports and investigations. A member of the governing board may request to review a title IX investigation report involving a complaint against an employee, and the university shall provide the report in a manner it considers appropriate. The university shall protect the complainant's anonymity, and the report must not contain specific identifying information.

(i) If allegations against an employee are made in more than 1 title IX complaint that resulted in the university finding that no misconduct occurred, the university requires that the title IX officer promptly notify the president or chancellor and a member of the university's governing board in writing and take all appropriate steps to ensure that the matter is being investigated thoroughly, including hiring an outside investigator for future cases involving that employee. A third-party title IX investigation under this subdivision does not prohibit the university from simultaneously conducting its own title IX investigation through its own title IX coordinator.

(2) Each public university that receives an appropriation in section 236 shall also certify that its president or chancellor and a member of its governing board has reviewed all title IX reports involving the alleged sexual misconduct of an employee of the university, and shall send the certification to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director by October 1, 2022.2023.

(3) For purposes of this section, "sexual misconduct" includes, but is not limited to, any of the following:

(a) Intimate partner violence.

(b) Nonconsensual sexual conduct.

(c) Sexual assault.

(d) Sexual exploitation.

(e) Sexual harassment.

(f) Stalking.

Sec. 265f. (1) Each public university that receives an appropriation in section 236 shall demonstrate the acceptance of nationally recognized college level equivalent credit examination opportunities by developing and implementing policies and procedures for the awarding of academic credit through college level equivalent credit examinations.

(2) A public university shall not create policies or procedures that prevent students from earning college credits through college level equivalent credit examinations once enrolled in the public university.

(3) Each public university shall make its credit policies and opportunities for college level equivalent credit examinations publicly available on the university's website.

(4) If a public university requires scores above those recommended by the American Council on Education to earn college credit through college level equivalent credit examinations, that university shall submit to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director a report on the data and justifications for that decision by February 1, 2023.2024.

Sec. 265g. (1) Each public university that receives an appropriation in section 236 shall provide all enrolled students information on accelerated degree completion pathways and options within the first semester of enrollment, and shall publicly post this information on the university's website by October 1, 2022.2023.

(2) Each public university shall work to create accelerated degree completion pathways for enrolled students if such options do not already exist.

(3) Independent colleges and universities are encouraged to create accelerated degree completion pathways for enrolled students if such options do not already exist.

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 2022-2023 2023-2024 as part of their higher education institutional data inventory (HEIDI) data by October 1, 2022, 2023, and by the last business day of August each year thereafter. A public university shall report any revisions of tuition and fee charges for any semester of the reported academic year to HEIDI within 15 days after being adopted.

Sec. 268. (1) For the fiscal year ending September 30, 2023, 2024, 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 January 15 of each year, the department of civil rights shall annually submit to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies a report on North American Indian tuition waivers for the preceding academic year that includes, but is not limited to, all of the following information:

(a) The number of waiver applications received and the number of waiver applications approved.

(b) For each university submitting information under subsection (3), all of the following:

(i) The number of graduate and undergraduate North American Indian students enrolled each term for the previous academic year.

(ii) The number of North American Indian waivers granted each term, including to continuing education students, and the monetary value of the waivers for the previous academic year.

(iii) The number of graduate and undergraduate students attending under a North American Indian tuition waiver who withdrew from the university each term during the previous academic year. For purposes of this subparagraph, a withdrawal occurs when a student who has been awarded the waiver withdraws from the institution at any point during the term, regardless of enrollment in subsequent terms.

(iv) The number of graduate and undergraduate students attending under a North American Indian tuition waiver who successfully complete a degree or certificate program, separated by degree or certificate level, and the graduation rate for graduate and undergraduate students attending under a North American Indian tuition waiver who complete a degree or certificate within 150% of the normal time to complete, separated by the level of the degree or certificate.

(3) By January 1 of each year, a public university that receives an appropriation in section 236, or a tribal college receiving pass-through funds under section 269 or 270c, shall provide to the department of civil rights any information necessary for preparing the report detailed in subsection (2), using guidelines and procedures developed by the department of civil rights.

(4) The department of civil rights may consolidate the report required under this section with the report required under section 223, but a consolidated report must separately identify data for universities and data for community colleges.

Sec. 269. For fiscal year 2022-2023, 2023-2024, from the amount appropriated in section 236 to Central Michigan University for costs incurred under the North American Indian tuition waiver, $31,000.00 $63,200.00 must 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. It is the intent of the legislature that Saginaw Chippewa Tribal College provide the department of civil rights the necessary information for the college to be included in the report required under section 268.

Sec. 270c. For fiscal year 2022-2023, 2023-2024, from the amount appropriated in section 236 to Northern Michigan University for costs incurred under the North American Indian tuition waiver, $87,800.00 $90,200.00 is to be paid to Keweenaw Bay Ojibwa Community College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253. It is the intent of the legislature that Keweenaw Bay Ojibwa Community College provide the department of civil rights the necessary information for the community college to be included in the report required under section 268.

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 house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director by December 1, 2022 2023 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 2021-2022, 2022-2023, 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 2021-2022.2022-2023.

Sec. 275f. It is the intent of the legislature that by February 1, 2023, 2024, each public university receiving an appropriation in section 236 shall submit to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director a report on activities related to strategic planning and internal assessment or reassessment to best provide for open and free expression and speech, while protecting students from hate-speech, violence, and discrimination.

Sec. 275g. By September 30, 2023, 2024, each public university receiving an appropriation in section 236 shall do both of the following:

(a) Submit a report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director describing all federal funds the university received, including the amounts, related to the COVID-19 pandemic, including, but not limited to, any federal funds received from the coronavirus response and relief supplemental appropriations act, the American rescue plan act of 2021, and similar federal relief packages.

(b) Post the information contained in the report described in subdivision (a) on the public transparency website described in section 245.

Sec. 275h. (1) It is the intent of the legislature that each public university adopt an advocacy policy applicable to faculty, staff, students, student employees, visitors, and contractors by January 1, 2023 2024 and comply with all other requirements of this section.

(2) An advocacy policy established under subsection (1) should include, but is not limited to, policies for distribution and self-distribution of printed political or advocacy materials, related First Amendment activities, and political demonstrating. The policy should include a process for filing a complaint or reporting a violation of the advocacy policy and identify the public university staff responsible for investigating complaints and violations. The advocacy policy should include the effective date and be posted on the university's website.

Sec. 275k. (1) To receive funds under section 236(2), a public university may not spend more than 2% of its total general fund operations revenue from all sources on diversity, equity, and inclusion initiatives or programs, including staff salaries, benefits, and program operations.

(2) By March 15, 2024, each university with a diversity, equity, and inclusion program must submit a report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director detailing the university's total diversity, equity, and inclusion initiatives spending. The report must include, but is not limited to, a description of program goals, number of employees, and an overview of staff salaries and benefits attributable to diversity, equity, and inclusion programming.

Sec. 275l. By March 15, 2024, each university that receives an appropriation in section 236(2) must submit a report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director detailing the spending of any funds received by that university from entities located outside the United States, including funds received for research.

Sec. 275m. (1) From the funds appropriated in section 236(13) for pregnant and parenting student services, a university may establish and operate a pregnant and parenting student services office. If established, an office shall meet all of the following:

(a) Be located on the campus of the university.

(b) Annually assess the performance of the university and the office in meeting all of the following needs of students on campus who are pregnant or who are a custodial parent or legal guardian of a minor:

(i) Comprehensive student health care.

(ii) Family housing.

(iii) Child care.

(iv) Flexible or alternative academic scheduling.

(v) Education concerning responsible parenting for mothers and fathers.

(c) Identify public and private service providers qualified to meet the needs described in subdivision (b), both on campus and within the local community, and establish programs with qualified providers it selects to meet those needs.

(d) Assist students in locating and obtaining services that meet 1 or more of the needs described in subdivision (b).

(e) If appropriate, provide referrals on prenatal care and delivery, infant or foster care, and adoption to individual students who request that information. An office shall not provide referrals for abortion services.

(2) By December 1, 2023, a university that establishes a pregnant and parenting student services office shall report to the house and senate appropriations subcommittees on universities, the house and senate fiscal agencies, and the state budget director all of the following:

(a) An itemized list of office expenditures during the preceding fiscal year.

(b) A review and evaluation of the performance of the office in fulfilling its obligations under this section.

(c) The number of students served by the office.

(3) Funds received for administering programs under this section must not be used for direct financial aid of indirect financial aid.

(a) Direct financial aid includes, but is not limited to, scholarships, payment of tuition, stipends, and work-studies.

(b) Indirect financial aid includes, but is not limited to, transportation, textbook allowances, child care support, and assistance with medical premiums or expenses.

Sec. 275n. (1) Subject to subsection (2), from the funds appropriated in section 236(12), public universities classified as doctoral universities under the Carnegie classification system may be awarded research grants up to the full appropriated amount in section 236(12). As a condition to receiving a grant under this section, a public university must agree not to conduct any research on aborted fetal tissue. As used in this section, "Carnegie classification" means that term as defined in section 265a.

(2) Of the amount appropriated in section 236(12), $2,300,000.00 must be awarded to Wayne State University to support the operation of the perinatology research branch laboratory.

Sec. 276. (1) Included in the appropriation for fiscal year 2022-2023 2023-2024 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 in this state. 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) Each public university shall administer the program in a manner prescribed by the department of labor and economic opportunity. The department of labor and economic opportunity shall use a good faith good-faith effort standard to evaluate whether a fellowship is in default. All of the following apply to the program:

(a) By April 15 of each year, public universities shall report any anticipated unexpended or unencumbered program funds to the department of labor and economic opportunity. Encumbered funds are those funds that were committed by a fellowship agreement that is signed during the current fiscal year or administrative expenses that have been approved by the department of labor and economic opportunity.

(b) Before August 1 of each year, unexpended or unencumbered funds may be transferred, under the direction of the department of labor and economic opportunity, to a future faculty program at another university to be awarded to an eligible candidate at that university.

(c) Program allocations not expended or encumbered by September 30, 2024 2025 must be returned to the department of labor and economic opportunity so that those funds may lapse to the state general fund.

(d) Not more than 5% of each public university's allocation for the program may be used for administration of the program.

(e) In addition to the appropriation for fiscal year 2022-2023, 2023-2024, any revenue received during prior fiscal years by the department of labor and economic opportunity from defaulted fellowship agreements is appropriated for the purposes originally intended.

Sec. 277. (1) Included in the appropriation for fiscal year 2022-2023 2023-2024 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 in this state. 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 must 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 must not be expended to cover indirect costs. Not more than 20% of the university match may 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) Each public university shall administer the program described in this section in a manner prescribed by the department of labor and economic opportunity.

Sec. 278. (1) Included in section 236 for fiscal year 2022-2023 2023-2024 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 must not be greater than $150,000.00, must have an award period of no more than 2 years, and must be matched on a 70% state, 30% college or university basis.

(3) The department of labor and economic opportunity shall administer the program described in this section.

Sec. 279. (1) Included in section 236 for fiscal year 2022-2023 2023-2024 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 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 transfer student population.

(2) The grants must be made under the program described in this section to Michigan public and independent colleges and universities. An award to any 1 institution must not be greater than $150,000.00, must have an award period of no more than 2 years, and must be matched on a 70% state, 30% college or university basis.

(3) The department of labor and economic opportunity shall administer the program described in this section.

Sec. 280. (1) Included in the appropriation for fiscal year 2022-2023 2023-2024 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 department of labor and economic opportunity shall administer the program described in this section.

(3) The amount allocated to each university is $10,494.00 and is subject to an award period of no more than 2 years. Each university receiving funds for fiscal year 2022-2023 2023-2024 under this section shall report to the department of labor and economic opportunity by April 15, 2023 2024 the amount of its unobligated and unexpended funds as of March 31, 2023 2024 and a plan to expend the remaining funds by the end of the fiscal year. The amount of funding reported as not being expended may be transferred, under the direction of the department, to another university for use under this section.

Sec. 281. (1) Included in the appropriation for fiscal year 2022-2023 2023-2024 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 and teach 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 teacher education student population.

(2) The program described in this section must be administered by each state-approved teacher education institution in a manner prescribed by the department of labor and economic opportunity.

(3) Approved teacher education institutions may and are encouraged to use select 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. (1) Each institution receiving funds for fiscal year 2022-2023 2023-2024 under section 278, 279, or 281 shall provide to the department of labor and economic opportunity by April 15, 2023 2024 the unobligated and unexpended funds as of March 31, 2023 2024 and a plan to expend the remaining funds by the end of the fiscal year. Notwithstanding the award limitations in sections 278 and 279, the amount of funding reported as not being expended will be reallocated to the institutions that intend to expend all funding received under section 278, 279, or 281.

(2) Funds received for the purpose of administering programs under sections 278, 279, and 281 must not be used for direct financial aid or indirect financial aid. However, a university may provide academic incentives to motivate participating students as approved by the department. As used in this subsection:

(a) "Direct financial aid" includes, but is not limited to, scholarships, payment of tuition, stipends, and work-studies.

(b) "Indirect financial aid" includes, but is not limited to, transportation, textbook allowances, child care support, and assistance with medical premiums or expenses.

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 2022-2023 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, as amended by 2022 PA 144, 2022 PA 212, and this amendatory act, is estimated at $2,138,109,300.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is estimated at $0.00. 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 2023-2024 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, as amended by this amendatory act, is estimated at $2,390,603,700.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2023-2024 is estimated at $0.00.

Enacting section 2. (1) Section 236h of the state school aid act of 1979, 1979 PA 94, MCL 388.1836h, as amended by this amendatory act, if granted immediate effect pursuant to section 27 of article IV of the state constitution of 1963, takes effect on enactment of this amendatory act.

(2) Except as otherwise provided for the section described in subsection (1), the remaining sections of this amendatory act take effect October 1, 2023.

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