SB-1067, As Passed House, June 9, 2004
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1067
A bill to make appropriations for the state institutions of
higher education and certain state purposes related to education for
the fiscal year ending September 30, 2004 and for the fiscal year
ending September 30, 2005; to provide for the expenditures of those
appropriations; and to prescribe the powers and duties of certain
state departments, institutions, agencies, employees, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 PART 1
2 LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2004-2005
3 Sec. 101. Subject to the conditions set forth in this act, the
4 amounts listed in this part are appropriated for higher education for
5 the fiscal year ending September 30, 2005, from the funds indicated in
6 this part. The following is a summary of the appropriations in this
7 part:
8 HIGHER EDUCATION
1 APPROPRIATION SUMMARY:
2 Full-time equated classified positions..........1.0
3 GROSS APPROPRIATION................................. $ 1,685,749,300
4 Interdepartmental grant revenues:
5 Total interdepartmental grants and intradepartmental
6 transfers......................................... 0
7 ADJUSTED GROSS APPROPRIATION........................ $ 1,685,749,300
8 Federal revenues:
9 Total federal revenues.............................. 4,500,000
10 Special revenue funds:
11 Total local revenues................................ 0
12 Total private revenues.............................. 0
13 Total other state restricted revenues............... 77,915,200
14 State general fund/general purpose.................. $ 1,603,334,100
15 Sec. 102. CENTRAL MICHIGAN UNIVERSITY
16 Operations.......................................... $ 75,018,400
17 Tuition restraint incentive......................... 4,892,500
18 GROSS APPROPRIATION................................. $ 79,910,900
19 Appropriated from:
20 Special revenue funds:
21 Michigan merit award trust fund..................... 538,540
22 State general fund/general purpose.................. $ 79,372,360
23 Sec. 103. EASTERN MICHIGAN UNIVERSITY
24 Operations.......................................... $ 72,563,300
25 Tuition restraint incentive......................... 4,732,300
26 GROSS APPROPRIATION................................. $ 77,295,600
27 Appropriated from:
1 State general fund/general purpose.................. $ 77,295,600
2 Sec. 104. FERRIS STATE UNIVERSITY
3 Operations.......................................... $ 45,970,700
4 Tuition restraint incentive......................... 2,997,900
5 GROSS APPROPRIATION................................. $ 48,968,600
6 Appropriated from:
7 State general fund/general purpose.................. $ 48,968,600
8 Sec. 105. GRAND VALLEY STATE UNIVERSITY
9 Operations.......................................... $ 54,359,000
10 Tuition restraint incentive......................... 3,545,100
11 GROSS APPROPRIATION................................. $ 57,904,100
12 Appropriated from:
13 Special revenue funds:
14 Michigan merit award trust fund..................... 5,000,100
15 State general fund/general purpose.................. $ 52,904,000
16 Sec. 106. LAKE SUPERIOR STATE UNIVERSITY
17 Operations.......................................... $ 11,916,400
18 Tuition restraint incentive......................... 770,500
19 GROSS APPROPRIATION................................. $ 12,686,900
20 Appropriated from:
21 State general fund/general purpose.................. $ 12,686,900
22 Sec. 107. MICHIGAN STATE UNIVERSITY
23 Operations.......................................... $ 269,912,900
24 Tuition restraint incentive......................... 17,602,900
25 Agricultural experiment station..................... 33,163,800
26 Cooperative extension service....................... 28,604,300
27 GROSS APPROPRIATION................................. $ 349,283,900
1 Appropriated from:
2 State general fund/general purpose.................. $ 349,283,900
3 Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY
4 Operations.......................................... $ 45,739,900
5 Tuition restraint incentive......................... 2,982,900
6 GROSS APPROPRIATION................................. $ 48,722,800
7 Appropriated from:
8 State general fund/general purpose.................. $ 48,722,800
9 Sec. 109. NORTHERN MICHIGAN UNIVERSITY
10 Operations.......................................... $ 42,966,600
11 Tuition restraint incentive......................... 2,808,500
12 GROSS APPROPRIATION................................. $ 45,775,100
13 Appropriated from:
14 State general fund/general purpose.................. $ 45,775,100
15 Sec. 110. OAKLAND UNIVERSITY
16 Operations.......................................... $ 45,161,000
17 Tuition restraint incentive......................... 2,945,100
18 GROSS APPROPRIATION................................. $ 48,106,100
19 Appropriated from:
20 Special revenue funds:
21 Michigan merit award trust fund..................... 1,941,868
22 State general fund/general purpose.................. $ 46,164,232
23 Sec. 111. SAGINAW VALLEY STATE UNIVERSITY
24 Operations.......................................... $ 24,539,900
25 Tuition restraint incentive......................... 1,600,300
26 GROSS APPROPRIATION................................. $ 26,140,200
27 Appropriated from:
1 Special revenue funds:
2 Michigan merit award trust fund..................... 2,019,892
3 State general fund/general purpose.................. $ 24,120,308
4 Sec. 112. UNIVERSITY OF MICHIGAN - ANN ARBOR
5 Operations.......................................... $ 301,029,500
6 Tuition restraint incentive......................... 19,632,300
7 GROSS APPROPRIATION................................. $ 320,661,800
8 Appropriated from:
9 State general fund/general purpose.................. $ 320,661,800
10 Sec. 113. UNIVERSITY OF MICHIGAN - DEARBORN
11 Operations.......................................... $ 23,178,300
12 Tuition restraint incentive......................... 1,511,500
13 GROSS APPROPRIATION................................. $ 24,689,800
14 Appropriated from:
15 State general fund/general purpose.................. $ 24,689,800
16 Sec. 114. UNIVERSITY OF MICHIGAN - FLINT
17 Operations.......................................... $ 19,928,300
18 Tuition restraint incentive......................... 1,299,500
19 GROSS APPROPRIATION................................. $ 21,227,800
20 Appropriated from:
21 State general fund/general purpose.................. $ 21,227,800
22 Sec. 115. WAYNE STATE UNIVERSITY
23 Operations.......................................... $ 210,017,400
24 Tuition restraint incentive......................... 13,696,700
25 GROSS APPROPRIATION................................. $ 223,714,100
26 Appropriated from:
27 State general fund/general purpose.................. $ 223,714,100
1 Sec. 116. WESTERN MICHIGAN UNIVERSITY
2 Operations.......................................... $ 104,060,400
3 Tuition restraint incentive......................... 6,786,500
4 GROSS APPROPRIATION................................. $ 110,846,900
5 Appropriated from:
6 State general fund/general purpose.................. $ 110,846,900
7 Sec. 117. STATE AND REGIONAL PROGRAMS
8 Full-time equated positions.....................1.0
9 Higher education database modernization and
10 conversion--1.0 FTE positions..................... $ 199,900
11 Midwestern higher education compact................. 165,000
12 GROSS APPROPRIATION................................. $ 364,900
13 Appropriated from:
14 Special revenue funds:
15 Michigan merit award trust fund..................... 165,000
16 State general fund/general purpose.................. $ 199,900
17 Sec. 118. MARTIN LUTHER KING, JR. - CESAR CHAVEZ
18 - ROSA PARKS PROGRAM
19 Select student supportive services.................. $ 1,956,000
20 Michigan college/university partnership program..... 586,700
21 Morris Hood, Jr. educator development program....... 148,500
22 GROSS APPROPRIATION................................. $ 2,691,200
23 Appropriated from:
24 State general fund/general purpose.................. $ 2,691,200
25 Sec. 119. GRANTS AND FINANCIAL AID
26 State competitive scholarships...................... $ 35,630,400
27 Tuition grants...................................... 64,768,000
1 Michigan work-study program......................... 7,326,200
2 Part-time independent student program............... 2,653,200
3 Dental clinics grant................................ 4,546,900
4 Michigan education opportunity grants............... 2,084,100
5 Robert C. Byrd honors scholarship program........... 1,500,000
6 Nursing scholarship program......................... 3,999,900
7 Michigan merit award program........................ 53,000,000
8 Tuition incentive program........................... 10,249,900
9 Veterans survivor tuition waiver.................... 1,000,000
10 GROSS APPROPRIATION................................. $ 186,758,600
11 Appropriated from:
12 Federal revenues:
13 Higher education act of 1965, title IV, 20 USC...... 3,000,000
14 Higher education act of 1965, title IV, part A...... 1,500,000
15 Special revenue funds:
16 Michigan merit award trust fund..................... 68,249,800
17 State general fund/general purpose.................. $ 114,008,800
18 PART 2
19 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2004-2005
20 GENERAL SECTIONS
21 Sec. 201. Pursuant to section 30 of article IX of the state
22 constitution of 1963, total state spending from state resources under
23 part 1 for fiscal year 2004-2005 is $1,681,249,300.00 and state
24 spending from state resources to be paid to local units of government
25 for fiscal year 2004-2005 is $3,759,100.00. The itemized statement
1 below identifies the estimated appropriations from which spending to
2 units of local government will occur:
3 Part-time independent student program............... $ 1,255,700
4 Michigan education opportunity grant................ 932,900
5 Michigan work-study................................. 1,570,500
6 TOTAL............................................... $ 3,759,100
7 Sec. 202. The appropriations authorized under this act are
8 subject to the management and budget act, 1984 PA 431, MCL 18.1101 to
9 18.1594.
10 Sec. 208. Unless otherwise specified, the institutions of higher
11 education receiving appropriations in part 1 shall use the Internet to
12 fulfill the reporting requirements of this act. This requirement may
13 include transmission of reports via electronic mail to the recipients
14 identified for each reporting requirement, or it may include placement
15 of reports on an Internet or Intranet site.
16 Sec. 209. Funds appropriated in part 1 shall not be used for the
17 purchase of foreign goods or services, or both, if competitively
18 priced and of comparable quality American goods and services, or both,
19 are available. Preference should be given to goods or services, or
20 both, manufactured or provided by Michigan businesses if they are
21 competitively priced and of comparable value.
22 Sec. 212. (1) The funds appropriated in part 1 to state
23 institutions of higher education shall be paid out of the state
24 treasury and distributed by the state treasurer to the respective
25 institutions in 11 equal monthly installments on the sixteenth of each
26 month, or the next succeeding business day, beginning with October 16,
27 2004. Except for Wayne State University, each institution shall
1 accrue its July and August 2005 payments to its institutional fiscal
2 year ending June 30, 2005.
3 (2) All universities shall submit higher education institutional
4 data inventory (HEIDI) data and associated financial and program
5 information requested by and in a manner prescribed by the state
6 budget director. For universities with fiscal years ending June 30,
7 2004, these data shall be submitted to the state budget director by
8 October 15, 2004. Universities with a fiscal year ending September
9 30, 2004 shall submit preliminary HEIDI data by November 15, 2004 and
10 final data by December 15, 2004. If a university fails to submit
11 HEIDI data and associated financial aid program information in
12 accordance with this reporting schedule, the state treasurer shall
13 withhold the monthly installments under subsection (1) to the
14 university until those data are submitted.
15 (3) A detailed description of procedures utilized to arrive at the
16 amounts appropriated in part 1 shall be submitted to each institution
17 by the senate and house fiscal agencies.
18 Sec. 212a. In addition to all current HEIDI data submission
19 requirements, all universities shall report, as part of the data
20 submission required by section 212(2), their resident and nonresident
21 headcounts and fiscal-year-equated student information. This data
22 shall be submitted subject to the deadlines and penalties established
23 in section 212(2). As used in this section only, "resident student"
24 means a student who has resided continuously in this state for the
25 immediately preceding 12 months and is not considered a resident of
26 any other state.
27 Sec. 213. Funds received by the state from the federal
1 government or private sources for the use of a college or university
2 are appropriated for the purposes for which they are provided. The
3 acceptance and use of federal or private funds do not place an
4 obligation upon the legislature to continue the purposes for which the
5 funds are made available.
6 Sec. 214. If section 274 of the income tax act of 1967, 1967
7 PA 281, MCL 206.274, is not repealed and if a state institution of
8 higher education that receives funds under this act notifies the
9 department of treasury regarding its tuition and fee rates in order to
10 qualify as an eligible institution for the Michigan tuition tax credit
11 under section 274 of the income tax act of 1967, 1967 PA 281,
12 MCL 206.274, the institution shall also submit the notification and
13 applicable documentation of tuition and fee changes to the house and
14 senate fiscal agencies.
15 Sec. 215. A state institution of higher education that receives
16 funds under this act shall furnish all program and financial
17 information that is required by and in a manner prescribed by the
18 state budget director or the house or senate appropriations
19 committee.
20 GRANTS AND FINANCIAL AID
21 Sec. 301. (1) Payments of the amounts included in part 1 for the
22 state competitive scholarship program shall be distributed pursuant to
23 1964 PA 208, MCL 390.971 to 390.981.
24 (2) The Michigan higher education assistance authority shall
25 implement a proportional competitive scholarship maximum award level
26 for recipients enrolled less than full-time in a given semester or
1 term.
2 (3) If a student who receives an award under this section has his
3 or her tuition and fees paid under the Michigan educational trust
4 program, pursuant to the Michigan education trust act, 1986 PA 316,
5 MCL 390.1421 to 390.1444, and still has financial need, the funds
6 awarded under this section may be used for educational expenses other
7 than tuition and fees.
8 (4) If the Michigan higher education assistance authority
9 increases the maximum award per eligible student from that provided in
10 the previous fiscal year, it shall not have the effect of reducing the
11 number of eligible students receiving awards in relation to the total
12 number of eligible applicants. Any increase in the maximum grant
13 shall be proportional for all eligible students receiving awards.
14 Sec. 302. (1) The amounts appropriated in part 1 for the state
15 tuition grant program shall be distributed pursuant to 1966 PA 313,
16 MCL 390.991 to 390.997a.
17 (2) Tuition grant awards shall be made to all eligible Michigan
18 residents who apply before July 15, 2004 and who are qualified.
19 Tuition grant awards shall not be made to students newly enrolled in a
20 juris doctor law degree program after the 1995-96 academic year.
21 (3) The Michigan higher education assistance authority shall
22 determine an actual maximum tuition grant award per student that
23 ensures that the aggregate payments for the tuition grant program do
24 not exceed the appropriation contained in part 1 for the state tuition
25 grant program. By December 15, 2004, and again by February 1, 2005,
26 the authority shall analyze the status of award commitments, shall
27 make any necessary adjustments, and shall confirm that those award
1 commitments will not exceed the appropriation contained in part 1 for
2 the tuition grant program. The determination and actions shall be
3 reported to the state budget director and the house and senate fiscal
4 agencies no later than February 15, 2005. If award adjustments are
5 necessary, the students shall be notified of the adjustment by the
6 third Monday in February.
7 (4) Any unexpended and unencumbered funds remaining on
8 September 30, 2005 from the amounts appropriated in part 1 for the
9 tuition grant program shall not lapse on September 30, 2005, but shall
10 continue to be available for expenditure for tuition grants provided
11 in the 2005-2006 fiscal year. The use of these unexpended fiscal year
12 2004-2005 funds shall terminate at the end of the 2005-2006 fiscal
13 year.
14 (5) The Michigan higher education assistance authority shall
15 continue a proportional tuition grant maximum award level for
16 recipients enrolled less than full-time in a given semester or term.
17 (6) If the Michigan higher education assistance authority
18 increases the maximum award per eligible student from that provided in
19 the previous fiscal year, it shall not have the effect of reducing the
20 number of eligible students receiving awards in relation to the total
21 number of eligible applicants. Any increase in the maximum grant
22 shall be proportional for all eligible students receiving awards for
23 fiscal year 2004-2005.
24 (7) All Ferris State University students enrolled at Kendall
25 College of Art and Design prior to January 1, 2001 who were qualified
26 for the state tuition grant shall continue to receive the dollar
27 amount of the state tuition grant for which they were eligible until
1 they graduate or are no longer enrolled in the Kendall College of Art
2 and Design at Ferris State University.
3 Sec. 303. (1) Included in the appropriation in part 1 is funding
4 for the Michigan work-study program established under 1986 PA 288,
5 MCL 390.1371 to 390.1382, and 1986 PA 303, MCL 390.1321 to 390.1332.
6 An effort should be made by each institution participating in the
7 Michigan work-study program to assure that not less than 10% of those
8 undergraduate, graduate, and professional students eligible to
9 participate in the program are placed with for-profit employers no
10 later than December 31 of each year for which funding is provided
11 under this act.
12 (2) The Michigan higher education assistance authority shall
13 allocate funds to institutions eligible for work-study money based
14 upon each institution's specific Pell grant index and each
15 institution's utilization rate of work-study funds for the 3 most
16 recent years for which statistics are available.
17 (3) The Michigan higher education assistance authority shall set
18 aside not more than 5% of the total work-study appropriation to
19 process requests from participating institutions for allocation
20 adjustments. Allocation adjustments shall be based on criteria set by
21 the authority prior to making the allocations under subsection (2).
22 Sec. 307. The auditor general may audit selected enrollments,
23 degrees, and awards at selected independent colleges and universities
24 receiving awards administered by the department of treasury. The
25 audits shall be based upon definitions and requirements established by
26 the Michigan higher education assistance authority, the state budget
27 director, and the senate and house fiscal agencies. The auditor
1 general shall accept the Free Application for Federal Student Aid
2 (FAFSA) form as the standard of residency documentation. The auditor
3 general shall submit a report of findings to the senate and house
4 appropriations committees and state budget director by May 1, 2005.
5 Sec. 308. The sums appropriated in part 1 for the student
6 financial aid programs shall be paid out of the state treasury and
7 shall be distributed to the respective institutions under a quarterly
8 payment system as follows:
9 (a) For the state competitive scholarship, nursing scholarship,
10 tuition incentive, and tuition grant programs, 40% shall be paid at
11 the beginning of the state's first fiscal quarter, 40% at the
12 beginning of the state's second fiscal quarter, l0% at the beginning
13 of the state's third fiscal quarter, and l0% at the beginning of the
14 state's fourth fiscal quarter.
15 (b) For the work-study program, payments shall be made in 11
16 monthly installments from October 1 to August 31 of any year.
17 (c) For the part-time independent student program and the Michigan
18 education opportunity grant program, 50% shall be paid at the
19 beginning of the state's first fiscal quarter, 25% at the beginning of
20 the state's second fiscal quarter, and 25% at the beginning of the
21 state's third fiscal quarter.
22 (d) For the Robert C. Byrd honors scholarship program, 50% shall
23 be paid at the beginning of the state's first fiscal quarter and 50%
24 at the beginning of the state's second fiscal quarter.
25 (e) For the dental clinics grant program, 25% shall be paid at the
26 beginning of the state's first fiscal quarter, 25% at the beginning of
27 the state's second fiscal quarter, 25% at the beginning of the state's
1 third fiscal quarter, and 25% at the beginning of the state's fourth
2 fiscal quarter.
3 Sec. 309. The Michigan higher education assistance authority
4 shall determine the needs analysis criteria for students to qualify
5 for the competitive scholarship program and tuition grant program. To
6 be consistent with federal requirements, student wages may be taken
7 into consideration when determining the amount of the award.
8 Sec. 310. (1) The funds appropriated in part 1 for the tuition
9 incentive program/high school completion program shall be distributed
10 as provided in this section and pursuant to the administrative
11 procedures for the tuition incentive program/high school completion
12 program of the department of treasury.
13 (2) As used in this section:
14 (a) "Phase I" means the first part of the tuition incentive
15 assistance program defined as the academic period of 80 semester or
16 120 term credits, or less, leading to an associate degree or
17 certificate.
18 (b) "Phase II" means the second part of the tuition incentive
19 assistance program which provides assistance in the third and fourth
20 year of 4-year degree programs.
21 (c) "Department" means the department of treasury.
22 (3) A person shall meet the following basic criteria and financial
23 thresholds to be eligible for tuition incentive benefits:
24 (a) To be eligible for phase I, a person shall meet all of the
25 following criteria:
26 (i) Apply for certification to the department before graduating
27 from high school or completing the general education development (GED)
1 certificate.
2 (ii) Be less than 20 years of age at the time of high school
3 graduation or GED completion.
4 (iii) Be a United States citizen and a resident of Michigan
5 according to institutional criteria.
6 (iv) Be at least a half-time student, earning less than 80
7 semester or 120 term credits at a participating educational
8 institution within 4 years of high school graduation or GED
9 certificate completion.
10 (b) To be eligible for phase II, a person shall meet either of the
11 following criteria in addition to the criteria in subdivision (a):
12 (i) Complete at least 56 transferable semester or 84 transferable
13 term credits.
14 (ii) Obtain an associate degree or certificate at a participating
15 institution.
16 (c) To be eligible for phase I or phase II, a person must be
17 financially eligible as determined by the department. A person is
18 financially eligible for the tuition incentive program if that person
19 was Medicaid eligible for 24 months within the 36 months before
20 application. Certification of eligibility may begin in the sixth
21 grade.
22 (d) To be eligible for phase I or phase II, a person must maintain
23 a cumulative grade point average of at least 2.00 in undergraduate
24 classes he or she completed at any eligible institution in any
25 previous years. A person whose cumulative grade point average drops
26 below 2.00 may become re-eligible for funding under this section if
27 his or her cumulative grade point average is subsequently restored to
1 2.00 or higher as a result of the completion of additional
2 undergraduate classes at an eligible institution. This subdivision
3 does not apply until the 2005-2006 academic year for a person
4 initially receiving aid under this section in an academic year prior
5 to the 2004-2005 academic year.
6 (4) For phase I, the department shall provide payment on behalf of
7 a person eligible under subsection (3). The department shall reject
8 billings that are excessive or outside the guidelines for the type of
9 educational institution.
10 (5) For phase I, all of the following apply:
11 (a) Payments for associate degree or certificate programs shall
12 not be made for more than 80 semester or 120 term credits for any
13 individual student at any participating institution.
14 (b) For persons enrolled at a Michigan community college, the
15 department shall pay the current in-district tuition and mandatory
16 fees. For persons residing in an area that is not included in any
17 community college district, the out-of-district tuition rate may be
18 authorized.
19 (c) For persons enrolled at a Michigan public university, the
20 department shall pay lower division resident tuition and mandatory
21 fees for the current year.
22 (d) For persons enrolled at a Michigan independent, nonprofit
23 degree granting college or university, or a Michigan federal tribally
24 controlled community college, or Focus: HOPE, the department shall
25 pay mandatory fees for the current year and a per-credit payment that
26 does not exceed the average community college in-district per-credit
27 tuition rate as reported on August 1, for the immediately preceding
1 academic year.
2 (6) A person participating in phase II may be eligible for
3 additional funds not to exceed $500.00 per semester or $400.00 per
4 term up to a maximum of $2,000.00 subject to the following
5 conditions:
6 (a) Credits are earned in a 4-year program at a Michigan degree
7 granting 4-year college or university.
8 (b) The tuition reimbursement is for coursework completed within
9 30 months of completion of the phase I requirements.
10 (7) The department shall work closely with participating
11 institutions to develop an application and eligibility determination
12 process that will provide the highest level of participation and
13 ensure that all requirements of the program are met.
14 (8) Applications for the tuition incentive program may be approved
15 at any time after the student begins the sixth grade. If a
16 determination of financial eligibility is made, that determination is
17 valid as long as the student meets all other program requirements and
18 conditions.
19 (9) Each institution shall ensure that all known available
20 restricted grants for tuition and fees are used prior to billing the
21 tuition incentive program for any portion of a student's tuition and
22 fees.
23 (10) The department shall ensure that the tuition incentive
24 program is well publicized and that potentially eligible Medicaid
25 clients are provided information on the program. The department shall
26 provide the necessary funding and staff to fully operate the program.
27 (11) Any unexpended and unencumbered funds remaining on September
Senate Bill No. 1067 (H-1) as amended by June 9, 2004
1 30, 2005 from the amounts appropriated in part 1 for the tuition
2 incentive program shall not lapse on September 30, 2005, but shall
3 continue to be available for expenditure for the tuition incentive
4 program in the fiscal year ending September 30, 2006.
5 Sec. 311. To enable the legislature and the state budget
6 director to evaluate the appropriation needs of higher education, each
7 independent college and university shall make available to the
8 legislature or state budget director, upon request, data regarding
9 grants for the preceding, current, and ensuing fiscal years.
10 Sec. 312. From the funds appropriated in part 1, the Michigan
11 higher education assistance authority shall administer the nursing
12 scholarship program pursuant to 2002 PA 591, MCL 390.1181 to
13 390.1189.
14 Sec. 315. Included in part 1 is funding for the dental clinics
15 grant. This appropriation is for the University of Detroit Mercy to
16 support dental clinical services provided by its school of dentistry
17 to low-income residents in southeastern Michigan.
18 STATE UNIVERSITIES
19 Sec. 401. (1) Included in part 1 is [$5,605,892.00] to Wayne State
20 University for the Joseph F. Young, Sr. psychiatric research and
21 training program. Wayne State University shall use these funds for
22 psychiatric laboratory and clinical research, training, and treatment
23 services. Within the available appropriation, services shall not be
24 denied to any patient who meets established research guidelines for
25 treatment on the basis of personal financial circumstances, age,
26 geographic residence, or projected/actual length of treatment as
1 medically warranted.
2 (2) Wayne State University shall report the following information
3 to the department of community health by November 1, 2005:
4 (a) The number and type of psychiatric research projects funded by
5 the appropriation described in subsection (1).
6 (b) The number and type of students trained and the location of
7 training funded by the appropriation.
8 (c) Demographic data regarding the number and profile of patients
9 to receive psychiatric services funded by the appropriation and a
10 profile of the services provided.
11 (d) A summary budget outlining major expenditure categories and
12 any first- and third-party reimbursements.
13 (3) Copies of these reports shall also be provided to the house
14 and senate fiscal agencies and the state budget director.
15 Sec. 402. The University of Michigan biological station at
16 Douglas Lake in Cheboygan County is regarded as a unique resource and
17 is designated as a special research reserve. It is the intent of the
18 legislature to protect and preserve the unique long-term research
19 value and capabilities of the biological station area and Douglas
20 Lake. The legislature further intends that no state programs or
21 policies be developed that would have a deleterious impact on the
22 research value of Douglas Lake.
23 Sec. 405. (1) There is created the higher education
24 institutional data inventory advisory committee. The committee shall
25 be appointed by the state budget director and shall consist of the
26 following members:
27 (a) One representative from the house fiscal agency.
1 (b) One representative from the senate fiscal agency.
2 (c) One representative from the state budget director's office.
3 (d) Three representatives of the presidents council of state
4 universities. The presidents council shall appoint 1 representative
5 each from a masters, a doctoral, and a research university.
6 (2) The committee shall be responsible for maintaining and
7 enhancing the state higher education database for which funding is
8 included in part 1.
9 Sec. 421. (1) Central Michigan University shall report by
10 September 30, 2005 to the state budget director, house and senate
11 appropriations committees, and the house and senate fiscal agencies
12 information on the activities and effectiveness of the national
13 charter schools institute for which an appropriation is provided in
14 part 1. Included in the report shall be an accounting of all revenues
15 and expenditures of the institute, the names of the public school
16 academies served, and the type of assistance provided to each public
17 school academy.
18 (2) All funds received under part 1 for the national charter
19 schools institute are intended to be expended on activities of that
20 institute.
21 Sec. 426. It is the legislative intent that private bookstores
22 that sell textbooks to university students and student governments
23 that provide a book swap for university students have accurate and
24 timely access to lists of universities' required textbooks in order to
25 provide prompt and efficient service for students. It is further the
26 legislative intent that each state university allow students who are
27 on financial aid or are receiving tuition grants to decide where to
Senate Bill No. 1067 (H-1) as amended June 9, 2004
1 purchase their textbooks. [It is the legislative intent that the presidents council, state universities of Michigan, shall review and report to the house and senate appropriations subcommittees on higher education on the prices of textbooks required at Michigan's public universities.]
2 Sec. 433. (1) Included in part 1 is $2,953,400.00 for the
3 agricultural experiment station and $2,619,000.00 for the cooperative
4 extension service for project GREEEN. Project GREEEN is intended to
5 address critical regulatory, food safety, economic, and environmental
6 problems faced by this state's plant-based agriculture, forestry, and
7 processing industries. "GREEEN" is an acronym for generating research
8 and extension to meet environmental and economic needs.
9 (2) The department of agriculture and Michigan State University,
10 in consultation with agricultural commodity groups and other
11 interested parties, shall develop project GREEEN and its program
12 priorities.
13 (3) Not later than September 30, 2005, a report shall be submitted
14 by Michigan State University to the state budget director, the house
15 and senate appropriations subcommittees on agriculture and on higher
16 education, and the house and senate fiscal agencies for the preceding
17 fiscal year regarding project GREEEN projects. The report shall
18 include, but is not limited to, the dollar amount of each project and
19 a review of each project's performance and accomplishments.
20 Sec. 436. (1) The amounts appropriated in part 1 for state
21 university tuition restraint incentives shall only be paid to a state
22 university certifying to the state budget director by June 30, 2004,
23 that it did not adopt an increase in tuition and fee rates for
24 resident undergraduate students after December 1, 2003, for the
25 2003-2004 academic year and that it will not adopt tuition and fee
26 rate increases for resident undergraduate students for the 2004-2005
27 academic year that exceed 3.0% or $250.00.
1 (2) For the purposes of subsection 1, a state university that
2 adopted an increase in tuition and fee rates for resident
3 undergraduate students after December 1, 2003, for the 2003-2004
4 academic year, but subsequently rebated to its resident undergraduate
5 students an amount equal to this increase prior to June 30, 2004,
6 shall be considered to have not adopted a tuition and fee increase for
7 the 2003-2004 academic year.
8 (3) For purposes of subsection (1), a state university that
9 adopted an increase in tuition and fee rates for resident
10 undergraduate students after December 1, 2003, for the 2003-2004
11 academic year, but had previously adopted a decrease from the prior
12 academic year in tuition and fee rates for resident undergraduate
13 students for the 2000-2001 academic year or a subsequent academic year
14 shall be considered to have not adopted a tuition and fee increase for
15 the 2003-2004 academic year.
16 (4) The state budget director shall implement a reporting
17 requirement based on definitions and uniform reporting requirements
18 established by the state budget director and the house and senate
19 fiscal agencies, to ensure that a state university receiving an
20 appropriation under sections 102 through 116 has satisfied the tuition
21 restraint requirements of this section.
22 (5) If a state university complies with the tuition restraint
23 requirements described in this section, its state appropriation will
24 not be reduced by executive order or any other manner during the
25 2004-2005 fiscal year.
26 (6) As used in this section, "tuition and fee rate" means the
27 average of lower division and upper division rates, based on the
Senate Bill No. 1067 (H-1) as amended June 9, 2004
1 highest rate authorized for any semester during the academic year on
2 an annualized basis, disregarding any amounts credited or returned to
3 resident undergraduate students on a uniform basis.
4 (7) From the amounts appropriated in part 1 for state university
5 tuition restraint incentives, any amount appropriated for a university
6 that does not comply with the tuition restraint requirements described
7 in this section is reappropriated for distribution to all state
8 universities that comply with the requirements of this section on an
9 equal per-state university basis.
[(8) As used in this section, “fee” means any fee that will be paid by more than half of all resident undergraduate students at least once during their enrollment at a state university.]
10 Sec. 437. It is the intent of the legislature that funds in a
11 Michigan public school employee retirement system (MPSERS)
12 stabilization subaccount be used for fiscal year 2004-2005 to provide
13 at least a $4,900,000.00 subsidy of the payroll contribution rate for
14 the 7 state universities that have employees in the MPSERS system.
15 Sec. 440. All universities shall submit the amount of tuition
16 and fees to be charged a full-time resident undergraduate student for
17 academic year 2004-2005 as part of their higher education
18 institutional data inventory (HEIDI) data by August 31, 2004. A
19 university shall report any revisions to the reported academic year
20 2004-2005 tuition and fee charges to HEIDI within 15 days of being
21 adopted.
22 Sec. 450. (1) For the fiscal year ending September 30, 2005, it
23 is the intent of the legislature that an amount calculated under
24 subsection (2) be allocated for per-student floor funding from the
25 general fund/general purpose unreserved balances at the close of the
26 2003-2004 fiscal year.
27 (2) The amount allocated under subsection (1) for per-student
1 floor funding is equal to $4,000.00 per 2002-2003 fiscal-year-equated
2 student at each university. The number of 2002-2003
3 fiscal-year-equated students at a university is determined by
4 reference to the higher education institutional data inventory
5 (HEIDI).
6 Sec. 461. From the amount appropriated in part 1 to Lake
7 Superior State University for operations, $100,000.00 shall be paid to
8 Bay Mills Community College for the costs of waiving tuition for North
9 American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.
10 MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS
11 PROGRAMS
12 Sec. 501. (1) Included in the appropriation for each public
13 university in part 1 is funding for the Martin Luther King, Jr. -
14 Cesar Chavez - Rosa Parks future faculty program, that is intended to
15 increase the pool of minority candidates pursuing faculty teaching
16 careers in postsecondary education. Each university shall apply the
17 percentage change applicable to every university in the calculation of
18 appropriations in part 1 to the amount of funds allocated to the
19 future faculty program.
20 (2) The program shall be administered by each university in a
21 manner prescribed by the Michigan department of labor and economic
22 growth. The Michigan department of labor and economic growth shall
23 use a good faith effort standard to evaluate whether a fellowship is
24 in default.
25 Sec. 502. (1) Included in the appropriation for each public
26 university in part 1 is funding for the Martin Luther King, Jr. -
1 Cesar Chavez - Rosa Parks college day program that is intended to
2 introduce schoolchildren underrepresented in postsecondary education
3 to the potential of a college education.
4 (2) Individual program plans of each university shall include a
5 budget of equal contributions from this program, the participating
6 public university, the participating school district, and the
7 participating independent degree granting college. College day funds
8 shall not be expended to cover indirect costs. Not more than 20% of
9 the university match shall be attributable to indirect costs. Each
10 university shall apply the percentage change applicable to every
11 university in the calculation of appropriations in part 1 to the
12 amount of funds allocated to the college day program.
13 (3) The program shall be administered by each university in a
14 manner prescribed by the Michigan department of labor and economic
15 growth.
16 Sec. 503. (1) Included in part 1 is funding for the Martin
17 Luther King, Jr. - Cesar Chavez - Rosa Parks select student support
18 services program for developing academically and economically
19 disadvantaged student retention programs for 4-year public and
20 independent educational institutions in this state.
21 (2) An award made under this program to any 1 institution shall
22 not be greater than $150,000.00, and the amount awarded shall be
23 matched on a 70% state, 30% college or university basis.
24 (3) The program shall be administered by the Michigan department
25 of labor and economic growth.
26 Sec. 504. (1) Included in part 1 is funding for the Martin
27 Luther King, Jr. - Cesar Chavez - Rosa Parks college/university
1 partnership program between 4-year public and independent colleges and
2 universities and public community colleges, which is intended to
3 increase the number of academically and economically disadvantaged
4 students who transfer from community colleges into baccalaureate
5 programs.
6 (2) The grants shall be made under this program to Michigan public
7 and independent colleges and universities. An award to any 1
8 institution shall not be greater than $150,000.00, and the amount
9 awarded shall be matched on a 70% state, 30% college or university
10 basis.
11 (3) The program shall be administered by the Michigan department
12 of labor and economic growth.
13 Sec. 505. (1) Included in the appropriation for each public
14 university in part 1 is funding for the Martin Luther King, Jr. -
15 Cesar Chavez - Rosa Parks visiting professors program which is
16 intended to increase the number of underrepresented minority
17 instructors in the classroom and provide role models for
18 underrepresented minority students.
19 (2) The program shall be administered by the Michigan department
20 of labor and economic growth.
21 Sec. 506. (1) Included in the appropriation in part 1 is funding
22 under the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
23 initiative for the Morris Hood, Jr. educator development program which
24 is intended to increase the number of minority students, especially
25 males, who enroll in and complete K-12 teacher education programs at
26 the baccalaureate level.
27 (2) The program shall be administered by each state-approved
1 teacher education institution in a manner prescribed by the Michigan
2 department of labor and economic growth.
3 (3) Approved teacher education institutions may and are encouraged
4 to use student support services funding in coordination with the
5 Morris Hood, Jr. funding to achieve the goals of the program.
6 Sec. 507. Each state institution of higher education receiving
7 funds under section 503, 504, or 506 shall notify the Michigan
8 department of labor and economic growth by April 15, 2005 as to
9 whether it will expend by the end of its fiscal year the funds
10 received under section 503, 504, or 506. Notwithstanding the award
11 limitations in sections 503 and 504, the amount of funding reported as
12 not being expended will be reallocated to the institutions that intend
13 to expend all funding received under section 503, 504, or 506.
14 STUDENT PERFORMANCE REPORTING
15 Sec. 601. (1) From the amount appropriated in part 1 for state
16 universities, the state universities shall systematically inform
17 Michigan high schools regarding the academic status of students from
18 each high school in a manner prescribed by the presidents council,
19 state universities of Michigan in cooperation with the Michigan
20 association of secondary school principals.
21 (2) The Michigan high schools shall systematically inform the
22 state universities about the use of information received under this
23 section in a manner prescribed by the Michigan association of
24 secondary school principals in cooperation with the presidents
25 council, state universities of Michigan.
26 Sec. 602. From the amount appropriated in part 1 for state
1 universities, the state universities shall inform Michigan community
2 colleges regarding the academic status of community college transfer
3 students in a manner prescribed by the presidents council, state
4 universities of Michigan in cooperation with the Michigan community
5 college association.
6 GENERAL REPORTS AND AUDITS
7 Sec. 701. (1) The auditor general shall review higher education
8 institutional data inventory (HEIDI) enrollment data submitted by all
9 public universities and may perform audits of selected public
10 universities if determined necessary. The review and audits shall be
11 based upon the definitions, requirements, and uniform reporting
12 categories established by the state budget director and the senate and
13 house fiscal agencies. The auditor general shall submit a report of
14 findings to the house and senate appropriations committees and the
15 state budget director no later than July 1, 2005.
16 (2) Student credit hours reports shall not include the following:
17 (a) Student credit hours generated through instructional activity
18 by faculty or staff in classrooms located outside Michigan, with the
19 exception of instructional activity related to study-abroad programs
20 or field programs.
21 (b) Student credit hours generated through distance learning
22 instruction for students not paying the institution's resident tuition
23 rate.
24 (c) Student credit hours generated through credit by examination.
25 (d) Student credit hours generated through inmate prison programs
26 regardless of teaching location.
1 (e) Student credit hours generated in new degree programs after
2 January 1, 1975, that have not been specifically authorized for
3 funding by the legislature, except spin-off programs converted from
4 existing core programs that do all of the following:
5 (i) Represent new options, fields, or concentrations within
6 existing programs.
7 (ii) Are consistent with the current institutional role and
8 mission.
9 (iii) Are accommodated within the continuing funding base of the
10 institution.
11 (iv) Do not require a new degree level beyond that which the
12 institution is currently authorized to grant within that discipline or
13 field.
14 (v) Do not require funding from the state other than that provided
15 by the student credit hours generated within the program, either
16 before program initiation or within the first 3 years of program
17 operation.
18 (3) The auditor general shall periodically audit higher education
19 institutional data inventory (HEIDI) data as submitted by the state
20 universities for compliance with the definitions approved by the HEIDI
21 advisory committee for the HEIDI database.
22 (4) "Distance learning instruction" as used in subsection (2)
23 means instruction that occurs in other than a traditional classroom
24 setting where the student and instructor are in the same physical
25 location and for which a student receives course credits and is
26 charged tuition and fees. Examples of distance learning instruction
27 are instruction delivered solely through the Internet, cable
1 television, teleconference, or mail.
2 Sec. 701a. (1) Pursuant to section 701(2)(e), the following
3 degree programs may be established:
4 (a) Bachelors
5 Central Michigan University Electrical Engineering, B.S.E.E.
6 Central Michigan University Mechanical Engineering, B.S.M.E.
7 Ferris State University Secondary Education--History Major, B.S.
8 Lake Superior State University Communication Major, B.A.
9 Michigan State University Technology Systems Management, B.S.
10 Michigan Technological University Psychology, B.S.
11 Michigan Technological University Software Engineering, B.S.
12 Oakland University Studio Art, B.A.
13 Wayne State University Environmental Science, B.S.
14 Western Michigan University Major in Electronic Business Design
15 (eBizD), B.B.A.
16 (b) Masters
17 Eastern Michigan University Clinical Research Administration,
18 M.S.
19 Eastern Michigan University Health Education, M.S.
20 Eastern Michigan University Professional Master's in
21 Bioinformatics, M.S.
22 Ferris State University M.S. in Nursing, M.S.N.
23 Grand Valley State University Biostatistics, M.S.
24 Grand Valley State University Cell and Molecular Biology, M.S.
25 Grand Valley State University Medical and Bioinformatics, M.S.
26 Grand Valley State University School Counseling, M. Ed.
27 Lake Superior State University Curriculum and Instruction, M.A.
1 Michigan State University Community, Agriculture, Recreation, &
2 Resource Studies, M.S.
3 Northern Michigan University Education Reading, M.A.
4 Northern Michigan University Education Reading: Specialist,
5 M.A.
6 University of Michigan Health Services Research, M.S.
7 (c) Doctorate
8 Central Michigan University Physical Therapy, D.P.T.
9 Grand Valley State University Physical Therapy, D.P.T.
10 Michigan State University Community, Agriculture, Recreation, &
11 Resource Studies, Ph.D.
12 Michigan State University Second Language Studies, Ph.D.
13 Sec. 702. The principal executive officer of each institution of
14 higher education receiving an appropriation under this act shall
15 expend a portion of the funds appropriated to that institution to make
16 a report to the auditor general, the house and senate fiscal agencies,
17 and the state budget director within 60 days after the auditor general
18 issues his or her report on the operation of the institution. The
19 institution's report shall specify all of the following:
20 (a) The recommendations of the auditor general implemented by the
21 institution, including projected dates and resources required, if any,
22 to achieve compliance.
23 (b) The recommendations of the auditor general not implemented by
24 the institution or implemented by the institution as modified.
25 (c) The rationale for not implementing a recommendation of the
26 auditor general or of implementing a recommendation as modified.
27 Sec. 708. The auditor general may conduct performance audits of
1 state universities during the fiscal year ending September 30, 2005 as
2 the auditor general considers necessary.
3 Sec. 709. An institution receiving funds under this bill and
4 also subject to the student right-to-know and campus security act,
5 Public Law 101-522, 104 Stat. 2381, shall make a copy of all material
6 prepared pursuant to the public information reporting requirements
7 under the crime awareness and campus security act of 1990, title II of
8 the student right-to-know and campus security act, Public Law 101-542,
9 104 Stat. 2381, available in electronic Internet format on their
10 websites.
11 Sec. 711. (1) From the funds appropriated in part 1, state
12 universities shall participate in a study to determine the extent of
13 underutilized degree programs offered by the state universities. The
14 study is directed at determining the extent to which low
15 degree-producing and potentially duplicative programs are operated by
16 state universities, resulting in inefficiencies in the state's higher
17 education system.
18 (2) Each state university shall provide a report to the state
19 budget director and the house and senate fiscal agencies by December
20 31, 2004, identifying, at a minimum, each bachelor's degree-granting
21 program that produced less than 25 degrees, each master's
22 degree-granting program that produced less than 15 degrees, and each
23 doctor's degree-granting program that produced less than 5 degrees in
24 the 2003-2004 academic year. Programs shall be reported by program
25 category as defined under the classification of instructional programs
26 utilized for the integrated postsecondary education data system data
27 collection.
1 (3) For each program reported pursuant to subsection (2), the
2 state university shall indicate if it intends to continue to offer the
3 program. If the state university expects to continue the program, the
4 state university's report shall document the rationale for this
5 decision including an analysis that considers such factors as program
6 cost, occupational supply and demand data, enrollment projections for
7 the program, geographic access to similar programs at other
8 institutions, student outcome measures, instructional and program
9 quality, length of time the program has been offered, and consistency
10 with the institution's role and mission.
11 PART 2A
12 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2003-2004
13 GENERAL SECTIONS
14 Sec. 1201. (1) A state university certifying to the state budget
15 director by June 30, 2004 that it did not adopt an increase in tuition
16 and fee rates for resident undergraduate students after December 1,
17 2003 for the 2003-2004 academic year and that it will not adopt
18 tuition and fee rate increases for resident undergraduate students for
19 the 2004-2005 academic year that exceed 3.0% or $250.00 shall be paid
20 in the fiscal year ending September 30, 2004 from state general
21 fund/general purpose revenues an additional state appropriation as
22 follows:
23 Central Michigan University......................... $ 2,446,300
24 Eastern Michigan University......................... 2,366,200
25 Ferris State University............................. 1,499,000
1 Grand Valley State University....................... 1,772,600
2 Lake Superior State University...................... 385,300
3 Michigan State University........................... 8,801,500
4 Michigan Technological University................... 1,491,500
5 Northern Michigan University........................ 1,404,300
6 Oakland University.................................. 1,472,600
7 Saginaw Valley State University..................... 800,200
8 University of Michigan - Ann Arbor.................. 9,816,200
9 University of Michigan - Dearborn................... 755,800
10 University of Michigan - Flint...................... 649,800
11 Wayne State University.............................. 6,848,400
12 Western Michigan University......................... 3,393,300
13 Total............................................... $ 43,903,000
14 (2) For the purposes of subsection (1), a state university that
15 adopted an increase in tuition and fee rates for resident
16 undergraduate students after December 1, 2003, for the 2003-2004
17 academic year, but subsequently rebated to its resident undergraduate
18 students an amount equal to this increase prior to June 30, 2004,
19 shall be considered to have not adopted a tuition and fee increase for
20 the 2003-2004 academic year.
21 (3) For purposes of subsection (1), a state university that
22 adopted an increase in tuition and fee rates for resident
23 undergraduate students after December 1, 2003, for the 2003-2004
24 academic year, but had previously adopted a decrease from the prior
25 academic year in tuition and fee rates for resident undergraduate
26 students for the 2000-2001 academic year or a subsequent academic year
27 shall be considered to have not adopted a tuition and fee increase for
Senate Bill No. 1067 (H-1) as amended June 9, 2004
1 the 2003-2004 academic year.
2 (4) The state budget director shall implement a reporting
3 requirement based on definitions and uniform reporting requirements
4 established by the state budget director and the house and senate
5 fiscal agencies, to ensure that a state university receiving an
6 appropriation under this section has satisfied its tuition restraint
7 requirements.
8 (5) As used in this section, "tuition and fee rate" means the
9 average of lower division and upper division rates, based on the
10 highest rate authorized for any semester during the academic year on
11 an annualized basis, disregarding any amounts credited or returned to
12 resident undergraduate students on a uniform basis.
13 (6) From the appropriations listed in subsection (1), any amount
14 appropriated for a state university that does not comply with the
15 tuition restraint requirements described in this section is
16 reappropriated for distribution to all state universities that comply
17 with the requirements of this section on an equal per-state university
18 basis.
19 (7) If the Northville Psychiatric Hospital property is not sold by
20 the state prior to October 1, 2004 and the appropriations listed in
21 subsection (1) are paid in the fiscal year ending September 30, 2005,
22 rather than the state fiscal year ending September 30, 2004, it is the
23 intent of the legislature that the appropriations will be paid in full
24 no later than October 15, 2004.
[(8) As used in this section, “fee” means any fee that will be paid by more than half of all resident undergraduate students at least once during their enrollment at a state university.]
25 Sec. 1302. It is the intent of the legislature that Michigan
26 competitive scholarship award applicants and Michigan tuition grant
27 applicants be notified not later than July 31, 2004 of the status of
Senate Bill No. 1067 (H-1) as amended June 9, 2004
1 their awards.
[Sec. 1303. No state institution of higher education shall receive funding under this act if the state institution of higher education discriminates against, or grants preferential treatment to, admission applicants on the basis of race, religion, creed, or national origin.]
2 REPEALERS
3 Enacting section 1. Section 452 of 2003 PA 237 is repealed.