SB-1062, As Passed Senate, March 30, 2004
SUBSTITUTE FOR
SENATE BILL NO. 1062
A bill to make appropriations for community colleges 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 expenditure of those appropriations; to establish
or continue certain funds, programs, and categories; 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 community colleges
5 and certain other state purposes relating to education for the fiscal
6 year ending September 30, 2005, from the funds indicated in this
7 part. The following is a summary of the appropriations in this part:
1 COMMUNITY COLLEGES
2 APPROPRIATION SUMMARY:
3 GROSS APPROPRIATION................................. $ 285,747,000
4 Interdepartmental grant revenues:
5 Total interdepartmental grants and intradepartmental
6 transfers......................................... $ 0
7 ADJUSTED GROSS APPROPRIATION........................ $ 285,747,000
8 Total federal revenues.............................. 0
9 Total local revenues................................ 0
10 Total private revenues.............................. 0
11 Total state restricted revenues..................... 0
12 State general fund/general purpose.................. $ 285,747,000
13 Sec. 102. OPERATIONS
14 Alpena Community College............................ $ 4,566,700
15 Bay de Noc Community College........................ 4,415,100
16 Delta College....................................... 12,348,100
17 Glen Oaks Community College......................... 2,071,700
18 Gogebic Community College........................... 3,777,400
19 Grand Rapids Community College...................... 15,531,800
20 Henry Ford Community College........................ 18,928,600
21 Jackson Community College........................... 10,478,000
22 Kalamazoo Valley Community College.................. 10,691,000
23 Kellogg Community College........................... 8,399,600
24 Kirtland Community College.......................... 2,549,300
25 Lake Michigan College............................... 4,520,700
26 Lansing Community College........................... 26,859,500
27 Macomb Community College............................ 28,658,300
1 Mid Michigan Community College...................... 3,823,000
2 Monroe County Community College..................... 3,719,400
3 Montcalm Community College.......................... 2,690,400
4 C.S. Mott Community College......................... 13,579,600
5 Muskegon Community College.......................... 7,727,900
6 North Central Michigan College...................... 2,617,500
7 Northwestern Michigan College....................... 7,885,600
8 Oakland Community College........................... 18,077,900
9 St. Clair County Community College.................. 6,055,400
10 Schoolcraft College................................. 10,610,000
11 Southwestern Michigan College....................... 5,695,500
12 Washtenaw Community College......................... 10,783,700
13 Wayne County Community College...................... 13,940,000
14 West Shore Community College........................ 1,985,800
15 GROSS APPROPRIATION................................. $ 262,987,500
16 Appropriated from:
17 State general fund/general purpose.................. $ 262,987,500
18 Sec. 103. TUITION RESTRAINT INCENTIVE
19 Alpena Community College............................ $ 295,800
20 Bay de Noc Community College........................ 286,000
21 Delta College....................................... 800,000
22 Glen Oaks Community College......................... 134,200
23 Gogebic Community College........................... 244,800
24 Grand Rapids Community College...................... 1,006,200
25 Henry Ford Community College........................ 1,226,200
26 Jackson Community College........................... 678,800
27 Kalamazoo Valley Community College.................. 692,600
1 Kellogg Community College........................... 544,200
2 Kirtland Community College.......................... 165,200
3 Lake Michigan College............................... 292,800
4 Lansing Community College........................... 1,740,000
5 Macomb Community College............................ 1,856,400
6 Mid Michigan Community College...................... 247,600
7 Monroe County Community College..................... 241,000
8 Montcalm Community College.......................... 174,200
9 C.S. Mott Community College......................... 879,800
10 Muskegon Community College.......................... 500,600
11 North Central Michigan College...................... 169,600
12 Northwestern Michigan College....................... 510,800
13 Oakland Community College........................... 1,171,200
14 St. Clair County Community College.................. 392,200
15 Schoolcraft College................................. 687,400
16 Southwestern Michigan College....................... 369,000
17 Washtenaw Community College......................... 698,600
18 Wayne County Community College...................... 903,000
19 West Shore Community College........................ 128,600
20 GROSS APPROPRIATION................................. $ 17,036,800
21 Appropriated from:
22 State general fund/general purpose.................. $ 17,036,800
23 Sec. 104. GRANTS
24 At-risk student success program..................... $ 3,322,700
25 Renaissance zone tax reimbursement funding.......... 2,400,000
26 GROSS APPROPRIATION................................. $ 5,722,700
27 Appropriated from:
1 State general fund/general purpose.................. $ 5,722,700
2 PART 2
3 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2004-2005
4 GENERAL SECTIONS
5 Sec. 201. Pursuant to section 30 of article IX of the state
6 constitution of 1963, total state spending from state resources under
7 part 1 for fiscal year 2004-2005 is $285,747,000.00 and state spending
8 from state resources to be paid to local units of government for
9 fiscal year 2004-2005 is $285,747,000.00. The itemized statement
10 below identifies appropriations from which spending to local units of
11 government will occur:
12 Operations.......................................... $ 280,024,300
13 At-risk student success program..................... 3,322,700
14 Renaissance zone tax reimbursement program.......... 2,400,000
15 TOTAL............................................... $ 285,747,000
16 Sec. 202. The appropriations authorized under this act are
17 subject to the management and budget act, 1984 PA 431, MCL 18.1101 to
18 18.1594.
19 Sec. 203. Unless otherwise specified, a community college
20 receiving appropriations in part 1 and the department of labor and
21 economic growth shall use the Internet to fulfill the reporting
22 requirements of this act. This requirement may include transmission
23 of reports via electronic mail to the recipients identified for each
24 reporting requirement or it may include placement of reports on an
25 Internet or Intranet site.
26 Sec. 207. (1) The amount appropriated in section 103 for
27 community college tuition restraint shall only be paid to a community
1 college that certified to the state budget director by June 30, 2004
2 that it did not adopt an increase in in-district tuition and fees
3 after December 1, 2003 for the 2003-2004 academic year and that it
4 will not adopt in-district tuition and fee increases for the 2004-2005
5 academic year that exceed the projected 2005 increase in the Detroit
6 consumer price index as determined at the January 14, 2004 consensus
7 revenue estimating conference.
8 (2) For the purposes of subsection (1), a community college that
9 adopted an increase in in-district tuition and fees after December 1,
10 2003 for the 2003-2004 academic year, but subsequently rebated to its
11 students an amount equal to this increase prior to June 30, 2004 is
12 considered to have not adopted an in-district tuition and fee increase
13 for the 2003-2004 academic year.
14 (3) The state budget director shall implement a reporting
15 requirement based on definitions and uniform reporting requirements
16 established by the state budget director and the house and senate
17 fiscal agencies, to ensure that a community college receiving an
18 appropriation under section 103 has satisfied the tuition restraint
19 requirements of this section.
20 (4) If a community college complies with the tuition restraint
21 requirements described in this section, its state appropriation will
22 not be reduced by executive order or any other manner during the
23 2004-2005 fiscal year.
24 Sec. 208. The department of labor and economic growth shall
25 work collaboratively with community colleges to develop an accelerated
26 entrepreneurship curriculum, including an associate degree, to provide
27 students with the skills and knowledge needed for creating their own
1 businesses.
2 Sec. 209. (1) Funds appropriated in part 1 shall not be used for
3 the purchase of foreign goods or services, or both, if competitively
4 priced and comparable quality American goods or services, or both, are
5 available.
6 (2) Funds appropriated in part 1 shall not be used for the
7 purchase of out-of-state goods or services, or both, if competitively
8 priced and comparable quality Michigan goods or services, or both, are
9 available.
10 Sec. 210. The principal executive officer of each community
11 college receiving appropriations in part 1 shall take all reasonable
12 steps to ensure businesses in deprived and depressed communities
13 compete for and perform contracts to provide services or supplies, or
14 both. Each principal executive officer shall strongly encourage firms
15 with which the community college contracts to subcontract with
16 certified businesses in depressed and deprived communities for
17 services or supplies, or both.
18 Sec. 211. (1) The money appropriated in this act is appropriated
19 for community colleges with fiscal years ending June 30, 2005, and
20 shall be paid out of the state treasury and distributed by the state
21 treasurer to the respective community colleges in 11 monthly
22 installments on the sixteenth of each month, or the next succeeding
23 business day, beginning with October 16, 2004. Each community college
24 shall accrue its July and August 2005 payments to its institutional
25 fiscal year ending June 30, 2005. However, if a community college
26 fails to submit all verified Michigan community colleges activities
27 classification structure data for school year 2003-2004 to the
1 department of labor and economic growth by November 1, 2004, the
2 monthly installments shall be withheld from that community college
3 until those data are submitted. The amount from the money
4 appropriated in part 1 that is allocated to address the special needs
5 of at-risk students shall be paid in full by the state treasurer by
6 November 1, 2004. The amount distributed to a community college or
7 department shall not exceed the net state allocation authorized by
8 this act.
9 (2) Except as otherwise provided by law, each of the amounts
10 appropriated shall be used solely for the respective purposes stated
11 in this act. The money appropriated by this act may be used to match
12 the cost of any available programs under the Carl D. Perkins
13 vocational and applied technology education act, 20 USC 2301 to 2415,
14 including local administration.
15 Sec. 216. (1) A community college shall pay the employer's
16 contributions to the Michigan public school employees' retirement
17 system created by the public school employees retirement act of 1979,
18 1980 PA 300, MCL 38.1301 to 38.1408, as a condition of receiving money
19 appropriated under this act.
20 (2) A community college shall not pay an employer's contribution
21 to more than 1 retirement fund providing benefits for an employee.
22 (3) A community college shall not be required to submit more than
23 4 reports annually to the Michigan public school employees' retirement
24 system for purposes of calculating retirement benefits.
25 Sec. 217. Money appropriated in part 1 shall not be used to pay
26 for the construction or maintenance of a self-liquidating project.
27 Any construction, renovation, or other capital outlay project that
1 exceeds $1,000,000.00 requires the approval of a use and finance
2 statement by the joint capital outlay subcommittee (JCOS) pursuant to
3 JCOS policy.
4 Sec. 224. Recognizing the critical importance of education in
5 strengthening Michigan's workforce, the legislature encourages the
6 state's public community colleges to explore ways of increasing
7 collaboration and cooperation with 4-year universities, particularly
8 in the areas related to training, instruction, and program
9 articulation.
10 Sec. 230. (1) A community college shall not expend money
11 appropriated under this act to provide health care coverage for
12 community college employees or their dependents for abortion services,
13 other than for spontaneous abortion or to prevent the death of the
14 woman upon whom the abortion is performed. A community college shall
15 not approve a collective bargaining agreement or enter into any other
16 employment contract that includes health care coverage for abortion
17 services other than spontaneous abortion or to prevent the death of
18 the woman upon whom the abortion is performed.
19 (2) If a community college expends money appropriated under this
20 act in violation of subsection (1), the community college shall repay
21 to this state an amount equal to the amount of money spent in
22 violation of subsection (1).
23 Sec. 231. In light of sections 1, 3, and 4 of 1846 RS 83,
24 MCL 551.1, 551.3, and 551.4, and section 1 of 1939 PA 168,
25 MCL 551.271, the legislature intends that a community college
26 receiving funding under this act shall not use part 1 money to extend
27 employee benefits to the unmarried partners of the community college's
1 employees except for pre- and post-natal costs.
2 Sec. 234. The legislature intends that each community college do
3 all of the following:
4 (a) Undertake active measures to promote equal opportunities,
5 eliminate discrimination, and foster a diverse student body and
6 administration among all people including, but not limited to, women,
7 minorities, seniors, veterans, and people with disabilities.
8 (b) Review, analyze, and eradicate activities that may tend to
9 discriminate.
10 Sec. 235. It is the intent of the legislature that a workgroup
11 be formed to evaluate, discuss, and make recommendations for future
12 action regarding state university admission and enrollment policies
13 that specifically address the acceptance and application of college
14 credits earned by students through the postsecondary enrollment
15 options act, 1996 PA 160, MCL 388.511 to 388.524. The Michigan
16 community college association may create and administer the workgroup
17 and is encouraged to include members representing university and K-12
18 school organizations.
19 STATE AID - OPERATIONS
20 Sec. 301. Unless otherwise stated, all data items used in
21 determining state aid in this act are as defined in the 2001 Manual
22 for Uniform Financial Reporting, Michigan Public Community Colleges,
23 which shall be the basis for reporting data, and the 2003 Activities
24 Classification Structure Manual for Michigan Community Colleges, which
25 shall be used to document financial needs of the community colleges.
26 Sec. 302. A community college shall not include in the
1 enrollment data reported for determining state aid under this act any
2 student credit hours or student contact hours for a student
3 incarcerated in a Michigan penal institution. Exclusion of these
4 students is intended to avoid the payment of state aid under this act
5 for the same individuals for whom reimbursement is provided by the
6 state correctional system.
7 Sec. 303. A community college selected for audit under section
8 502 whose audited activities classification structure data is
9 significantly different than the data used to determine state aid
10 under this act shall return any overappropriated money as provided in
11 this subsection. The department of labor and economic growth shall
12 compare formula computations for the audited colleges using pre- and
13 post-audit data. If the state allocation is 2% or more than the
14 post-audit allocation amount, the college shall return the excess
15 money. The returned money shall be redistributed to all 28 community
16 colleges, prorated on the base appropriations contained in part 1.
17 Sec. 304. It is the intent of the legislature to achieve full
18 funding of the Gast-Mathieu fairness in funding formula.
19 GRANTS
20 Sec. 401. (1) The community college at-risk student success
21 program is continued. The funding shall be prorated among community
22 colleges based on the number of student contact hours for
23 developmental and preparatory instruction reported by each community
24 college to the department of labor and economic growth pursuant to the
25 2003 Activities Classification Structure Manual for Michigan Community
26 Colleges. Of the amount appropriated in part 1 for the at-risk
1 student success program, $1,120,000.00 is allocated for base grants of
2 $40,000.00 each, to address the special needs of at-risk students at
3 community colleges or the acquisition or upgrade of technology-related
4 equipment and software.
5 (2) Of the amount appropriated in part 1 for the at-risk student
6 success program, the balance of the appropriated money shall be
7 distributed on a proration utilizing the sum of the most recent
8 3 years developmental/preparatory contact hours divided by the sum of
9 the 3-year total contact hours at each college. Each community
10 college's percentage shall be divided by the sum of all the
11 percentages systemwide to obtain each community college's prorated
12 grant amount.
13 (3) For the fiscal year ending September 30, 2005, the at-risk
14 student success program money is allocated as follows:
15 Alpena Community College............................ $ 72,300
16 Bay de Noc Community College........................ 83,900
17 Delta College....................................... 99,700
18 Glen Oaks Community College......................... 125,600
19 Gogebic Community College........................... 70,700
20 Grand Rapids Community College...................... 111,500
21 Henry Ford Community College........................ 146,000
22 Jackson Community College........................... 98,100
23 Kalamazoo Valley Community College.................. 93,800
24 Kellogg Community College........................... 146,200
25 Kirtland Community College.......................... 133,000
26 Lake Michigan College............................... 155,000
27 Lansing Community College........................... 142,600
1 Macomb Community College............................ 83,600
2 Mid Michigan Community College...................... 126,800
3 Monroe County Community College..................... 91,300
4 Montcalm Community College.......................... 67,200
5 C.S. Mott Community College......................... 100,700
6 Muskegon Community College.......................... 183,300
7 North Central Michigan College...................... 117,500
8 Northwestern Michigan College....................... 124,600
9 Oakland Community College........................... 144,000
10 St. Clair Community College......................... 92,000
11 Schoolcraft College................................. 130,400
12 Southwestern Michigan College....................... 141,500
13 Washtenaw Community College......................... 158,400
14 Wayne County Community College...................... 161,200
15 West Shore Community College........................ 121,800
16 (4) As used in this act, "at-risk students" means students who
17 meet 1 or more of the following criteria:
18 (a) Are initially placed in 1 or more developmental courses as a
19 result of standardized testing or as a result of failure to make
20 satisfactory academic progress.
21 (b) Are diagnosed as learning disabled.
22 (c) Require English as a second language (ESL) assistance.
23 (5) Grant funding under this section shall be utilized to address
24 the special needs of at-risk students or for equipment or upgrade of
25 information technology hardware or software. Activities related to
26 services provided to at-risk students include, but are not limited to,
27 pretesting for academic ability, counseling contacts, and special
1 programs. Equipment or information technology hardware or software
2 purchased under this section need not be associated with the operation
3 of a program designed to address the needs of at-risk students.
4 (6) Grant funding under this section shall not be used for
5 indirect costs including, but not limited to, rent, utilities, or,
6 except as provided in this section, college administration.
7 (7) Each community college shall report to the department of labor
8 and economic growth a summary of all accomplishments under,
9 expenditures for, and compliance with the intent of this program,
10 including the number of at-risk students served. The report is
11 subject to audit as provided for in section 502(1). The report shall
12 be submitted not later than 90 days after the end of the state's
13 fiscal year.
14 Sec. 402. The legislature intends that any executive or
15 legislative proposal or action, subsequent to the adoption of a
16 recommendation for appropriations for community colleges for the
17 fiscal year ending September 30, 2005, to increase appropriations to
18 state-supported 4-year universities in excess of the governor's
19 original recommendation for the fiscal year ending September 30, 2005,
20 will be accompanied by a similar action or proposal for
21 state-supported community colleges.
22 Sec. 403. The legislature intends that not less than 70% of the
23 economic development job training grant money be awarded to community
24 colleges or a consortium of community colleges and other eligible
25 applicants as provided in the budget that appropriated the economic
26 development job training grant money. Further, the legislature
27 intends that at least a portion of the total appropriation for
1 economic development job training grants be awarded to community
2 colleges that offer certified programs that are bureau of
3 apprenticeship training certified. The Michigan economic development
4 corporation shall report by November 1 of each year to the house and
5 senate appropriations subcommittees on community colleges and the
6 senate and house fiscal agencies the names of the community colleges
7 awarded grant money under this section, the amount of the grants
8 awarded, and the percentage awarded to bureau of apprenticeship
9 training certified programs.
10 Sec. 404. The appropriation in part 1 for renaissance zone
11 reimbursements shall be made to each eligible recipient no later than
12 60 days after the department of treasury certifies to the state budget
13 director that it has received all necessary information to properly
14 determine the amounts due each eligible recipient under section 12 of
15 the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.
16 REPORTS AND AUDITS
17 Sec. 501. The department of labor and economic growth shall
18 publish the activities classification structure data book for Michigan
19 community colleges on or before March 1, 2005, for use by the
20 legislature during budget development for the fiscal year ending
21 September 30, 2006.
22 Sec. 502. (1) The auditor general or an independent public
23 accounting firm appointed by the auditor general shall audit data for
24 the fiscal year ending on June 30, 2004, as submitted to the
25 department of labor and economic growth by 7 randomly selected
26 community colleges. A community college shall maintain and provide
1 those records necessary for the auditor general or certified public
2 accountant appointed by the auditor general to determine the accuracy
3 of the reported data. The audits shall be based upon the definitions
4 and requirements contained in the 2001 Manual for Uniform Financial
5 Reporting, Michigan Public Community Colleges and the 2003 Activities
6 Classification Structure Manual for Michigan Community Colleges.
7 Before the submission of a final audit report, a community college may
8 appeal the findings of the preliminary report under an appeal process
9 to be established by the auditor general. The auditor general shall
10 submit a report of the findings to the house and senate appropriations
11 committees, the department of labor and economic growth, and the state
12 budget director before June 1, 2005.
13 (2) The auditor general or a certified public accountant appointed
14 by the auditor general may conduct performance audits of community
15 colleges as the auditor general considers necessary.
16 (3) Not more than 60 days after an audit report is released by the
17 office of the auditor general, the principal executive officer of the
18 community college that was audited shall submit to the house and
19 senate appropriations committees, the house and senate fiscal
20 agencies, the department of labor and economic growth, the auditor
21 general, and the state budget director a plan to comply with audit
22 recommendations. The plan shall contain projected dates and resources
23 required, if any, to achieve compliance with the audit
24 recommendations, or a documented explanation of the college's
25 noncompliance with the audit recommendations concerning the matters on
26 which the audited community college and office of the auditor general
27 disagree.
1 Sec. 503. The department of labor and economic growth shall
2 review the taxonomy of the 7 community colleges selected for the audit
3 under section 502 that is based on the 2003 Activities Classification
4 Structure Manual for Michigan Community Colleges.
5 Sec. 504. (1) A community college shall retain certified class
6 summaries, class lists, registration documents, and student
7 transcripts that are consistent with the taxonomy of courses. For
8 each enrollment period during the fiscal year, these certified
9 documents shall identify clearly by course the number of in-district
10 and out-of-district student credit and contact hours. The class
11 summaries and class lists shall be consistent with each other and
12 shall include the course prefix and numbers, course title, course
13 credit and contact hours, credit and contact hours generated by each
14 student, and activity classifications consistent with the taxonomy.
15 An auditable process shall be used by the community college to
16 determine the unduplicated head count for in-district students,
17 out-of-district students, and prisoners for each enrollment period
18 during the fiscal year.
19 (2) Contracts between the community college and agencies that
20 reimburse the community college for the costs of instruction shall be
21 retained for audit purposes.
22 Sec. 505. Each community college shall have an annual audit of
23 all income and expenditures performed by an independent auditor and
24 shall furnish the independent auditor's management letter and an
25 annual audited accounting of all general and current funds income and
26 expenditures including audits of college foundations to the members of
27 the senate and house appropriations subcommittees on community
1 colleges, the senate and house fiscal agencies, the auditor general,
2 the department of labor and economic growth, and the state budget
3 director before November 15, 2004. If a community college fails to
4 furnish the audit materials, the monthly state aid installments shall
5 be withheld from that college until the information is submitted. All
6 reporting shall conform to the requirements set forth in the 2001
7 Manual for Uniform Financial Reporting, Michigan Public Community
8 Colleges.
9 Sec. 506. (1) Each community college shall report the following
10 to the department of labor and economic growth no later than November
11 1, 2004:
12 (a) The number of North American Indian students enrolled each
13 term for the previous fiscal year, using guidelines and procedures
14 developed by the department of labor and economic growth and the
15 Michigan commission on Indian affairs.
16 (b) The number of Indian tuition waivers granted each term, and
17 the monetary value of the waivers for the previous fiscal year.
18 (2) Colleges shall use the criteria cited in 1976 PA 174, MCL
19 390.1251 to 390.1253, to determine eligibility for tuition waivers,
20 and shall grant those waivers to individuals who meet the criteria and
21 request tuition waivers.
22 (3) The department of labor and economic growth shall compile the
23 information received under subsection (1) and shall submit this
24 compilation to the house and senate appropriations subcommittees on
25 community colleges, the senate and house fiscal agencies, and the
26 state budget director by January 7, 2005.
27 Sec. 507. Upon request, a community college shall inform
1 interested Michigan high schools of the aggregate academic status of
2 its students for the prior academic year, in a manner prescribed by
3 the Michigan community college association and in cooperation with the
4 Michigan association of secondary school principals.
5 Sec. 508. (1) Each community college shall report to the house
6 and senate fiscal agencies, the state budget director, and the
7 department of labor and economic growth by August 31, 2004, the
8 tuition and mandatory fees paid by a full-time in-district student and
9 a full-time out-of-district student as established by the college
10 governing board for the 2004-2005 academic year. This report should
11 also include the annual cost of attendance based on a 30-credit course
12 load. Each community college shall also report any revisions to the
13 reported 2004-2005 academic year tuition and mandatory fees adopted by
14 the college governing board to the house and senate fiscal agencies,
15 the state budget director, and the department of labor and economic
16 growth within 15 days of being adopted.
17 (2) The department of labor and economic growth shall prepare and
18 provide to community colleges a standard format for reporting tuition
19 and fees pursuant to subsection (1).
20 Sec. 509. (1) Each community college shall report to the
21 department of labor and economic growth the numbers and type of
22 associate degrees and other certificates awarded during the previous
23 fiscal year. The report shall be made not later than November 15,
24 2004.
25 (2) The department of labor and economic growth shall compile the
26 information received under subsection (1) and shall submit this
27 compilation to the house and senate appropriations subcommittees on
1 community colleges, the senate and house fiscal agencies, and the
2 state budget director by January 7, 2005.
3 Sec. 510. A community college receiving funding under this act
4 and also subject to the student right-to-know and campus security act,
5 Public Law 101-542, 104 Stat. 2381, shall make a copy of all material
6 prepared in accordance with the public information reporting
7 requirements under the crime awareness and campus security act of
8 1990, title II of the student right-to-know and campus security act,
9 Public Law 101-542, 104 Stat. 2384, available in hard copy and
10 electronic format accessible through the Internet for school
11 districts, parents, and students.
12 Sec. 511. (1) It is the intent of the legislature that the
13 frequency and scope of on-site visits, evaluations, audits, and
14 similar activities be limited to that which is reasonably necessary to
15 monitor the performance of community colleges and confirm the accuracy
16 of reported data. On-site visits, evaluations, audits, and similar
17 activities conducted to comply with the state plan approved by the
18 United States department of education under the Perkins act shall be
19 limited to those necessary to meet the requirements of the state
20 plan.
21 (2) In developing and implementing audit and reporting
22 requirements, including those included in current and proposed state
23 plans under the Perkins act, the department of labor and economic
24 growth shall consult with community colleges, the legislative auditor
25 general, and independent auditors in an effort to coordinate
26 activities and minimize duplication of audit and reporting
27 requirements imposed on community colleges.
1 (3) At least 30 days before submission of a new state plan to the
2 United States department of education for approval under the Perkins
3 act, the department of labor and economic growth shall provide copies
4 of the proposed plan to the members of the senate and house
5 appropriations subcommittees on community colleges for their review
6 and comment. Copies of the proposed plan shall be provided to the
7 senate and house fiscal agencies and the state budget director at the
8 same time that they are provided to the senate and house
9 subcommittees.
10 (4) The Perkins grant application process and content shall be
11 streamlined to the extent possible.
12 (5) As used in this section, "Perkins act" means the Carl D.
13 Perkins vocational and applied technology education act, 20 USC 2301
14 to 2415.
15 Sec. 512. By January 10, 2005, each community college receiving
16 an appropriation under part 1 shall report to the chairperson of the
17 senate and house appropriations committees, the state budget director,
18 and the senate and house fiscal agencies concerning the present
19 condition of facilities for student housing and the present condition
20 of any housing facilities provided to the community college's
21 president or chancellor. The report shall include, but not be limited
22 to, all of the following:
23 (a) Concerning student housing, all of the following:
24 (i) An assessment of the physical condition of student housing
25 facilities.
26 (ii) An assessment of special maintenance needs and costs for each
27 facility.
1 (iii) An assessment of the availability of student housing and
2 whether there is adequate capacity to meet demand.
3 (iv) If there are shortages in availability of student housing,
4 any action being considered to address the shortages.
5 (b) Concerning the president's or chancellor's housing, all of the
6 following:
7 (i) The type of residence, if any, provided to the community
8 college's president or chancellor.
9 (ii) The value at the time of the report of the residence,
10 including both the land and the structure.
11 (iii) The cost of any renovations and maintenance done at the
12 residence for the immediately preceding 15 years.
13 (iv) The annual cost of operating the residence.
14 (v) The fiscal year 2004-2005 compensation of the president or
15 chancellor, including fringe benefits and bonuses.
16 PART 2A
17 APPROPRIATIONS AND PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL
18 YEAR 2003-2004
19 GENERAL SECTIONS
20 Sec. 1201. (1) A community college certifying to the state
21 budget director by June 30, 2004 that it did not adopt an increase in
22 in-district tuition and fees after December 1, 2003 for the 2003-2004
23 academic year and that it will not adopt in-district tuition and fee
24 increases for the 2004-2005 academic year that exceed the projected
25 2005 increase in the Detroit consumer price index as determined at the
1 January 14, 2004 consensus revenue estimating conference shall be paid
2 in the fiscal year ending September 30, 2004 from state general
3 fund/general purpose revenues an additional state appropriation as
4 follows:
5 Alpena Community College............................ $ 147,900
6 Bay de Noc Community College........................ 143,000
7 Delta College....................................... 400,000
8 Glen Oaks Community College......................... 67,100
9 Gogebic Community College........................... 122,400
10 Grand Rapids Community College...................... 503,100
11 Henry Ford Community College........................ 613,100
12 Jackson Community College........................... 339,400
13 Kalamazoo Valley Community College.................. 346,300
14 Kellogg Community College........................... 272,100
15 Kirtland Community College.......................... 82,600
16 Lake Michigan College............................... 146,400
17 Lansing Community College........................... 870,000
18 Macomb Community College............................ 928,200
19 Mid Michigan Community College...................... 123,800
20 Monroe County Community College..................... 120,500
21 Montcalm Community College.......................... 87,100
22 C.S. Mott Community College......................... 439,900
23 Muskegon Community College.......................... 250,300
24 North Central Michigan College...................... 84,800
25 Northwestern Michigan College....................... 255,400
26 Oakland Community College........................... 585,600
27 St. Clair County Community College.................. 196,100
1 Schoolcraft College................................. 343,700
2 Southwestern Michigan College....................... 184,500
3 Washtenaw Community College......................... 349,300
4 Wayne County Community College...................... 451,500
5 West Shore Community College........................ 64,300
6 Total............................................... 8,518,400
7 (2) For the purposes of subsection (1), a community college that
8 adopted an increase in in-district tuition and fees after December 1,
9 2003 for the 2003-2004 academic year, but subsequently rebated to its
10 students an amount equal to this increase prior to June 30, 2004 is
11 considered to have not adopted an in-district tuition and fee increase
12 for the 2003-2004 academic year.
13 (3) The state budget director shall implement a reporting
14 requirement based on definitions and uniform reporting requirements
15 established by the state budget director and the house and senate
16 fiscal agencies, to ensure that a community college receiving an
17 appropriation under this section has satisfied its tuition restraint
18 requirements.
19 REPEALERS
20 Enacting section 1. Section 251 of 2003 PA 237 is repealed.