HIGHER EDUCATION:  FREE SPEECH PROTECTIONS

House Joint Resolution P as introduced

Sponsor:  Rep. Jim Runestad

Committee:  Oversight

Complete to 10-4-17

SUMMARY:

House Joint Resolution P would add Section 10 to Article VIII of the state constitution to, notwithstanding any other provision of Article VIII, allow the Legislature to provide by law for the protection of free speech, expression, and assembly rights at public institutions of higher education.  The legislative protections would supersede any inconsistent restriction prescribed by an institution.  "Public institution of higher education" would include a public community college, public junior college, public university, and any other public institution of higher education established by law.

The resolution would also amend Sections 5, 6, and 7 of Article VIII.  Section 5 pertains to the University of Michigan, Michigan State University, and Wayne State University.  Section 6 pertains to other institutions of higher education that grant baccalaureate degrees, and Section 7 pertains to public community and junior colleges. 

Each of those sections would be amended to specify that the authority of each institution's governing board to have general supervision of its institution (and, for institutions governed by Sections 5 and 6, control and direction of all expenditures from the institution's funds) would be subject to the authority granted to the Legislature by Section 10.

To become part of the constitution, the resolution requires a two-thirds vote in each house of the legislature and approval by the voters at the next general election.  A general election is an election held in November of an even-numbered year.

  

FISCAL IMPACT:

The House Joint Resolution would have no direct fiscal impact to the public universities and community colleges. The resolution does not propose a specific change to university or community college operations. Therefore, there is no fiscal change to public institutions of higher education.

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Perry Zielak

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.