Substitute For

SENATE BILL NO. 843

"The state school aid act of 1979,"

by amending sections 201, 202a, 206, 207a, 207b, 207c, 209a, 210h, 226d, 226g, 229a, and 230 (MCL 388.1801, 388.1802a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809a, 388.1810h, 388.1826d, 388.1826g, 388.1829a, and 388.1830), sections 201, 206, 207a, 207b, 207c, 209a, 226d, 229a, and 230 as amended and sections 210h and 226g as added by 2021 PA 86 and section 202a as amended by 2020 PA 165, and by adding section 226f; and to repeal acts and parts of acts.

The people of the state of michigan enact:

Sec. 201. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for community colleges for the fiscal year ending September 30, 2022, 2023, from the funds indicated in this section. The following is a summary of the appropriations in this section:

(a) The gross appropriation is $431,917,000.00. $473,262,600.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $431,917,000.00.$473,262,600.00.

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

(i) Total federal revenues, $0.00.

(ii) Total local revenues, $0.00.

(iii) Total private revenues, $0.00.

(iv) Total other state restricted revenues, $431,917,000.00.$473,262,600.00.

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

(2) Subject to subsection (3), the amount appropriated for community college operations is $328,583,400.00, allocated as follows:

(a) The appropriation for Alpena Community College is $5,830,600.00, $5,753,300.00 for operations, $53,400.00 for 1-time performance funding, and $23,900.00 for costs incurred under the North American Indian tuition waiver.

(b) The appropriation for Bay de Noc Community College is $5,772,400.00, $5,602,800.00 for operations, $58,000.00 for 1-time performance funding, and $111,600.00 for costs incurred under the North American Indian tuition waiver.

(c) The appropriation for Delta College is $15,364,000.00, $15,160,500.00 for operations, $143,400.00 for 1-time performance funding, and $60,100.00 for costs incurred under the North American Indian tuition waiver.

(d) The appropriation for Glen Oaks Community College is $2,684,500.00, $2,651,200.00 for operations, $33,300.00 for 1-time performance funding, and $0.00 for costs incurred under the North American Indian tuition waiver.

(e) The appropriation for Gogebic Community College is $4,968,100.00, $4,873,700.00 for operations, $42,400.00 for 1-time performance funding, and $52,000.00 for costs incurred under the North American Indian tuition waiver.

(f) The appropriation for Grand Rapids Community College is $19,193,200.00, $18,773,100.00 for operations, $221,500.00 for 1-time performance funding, and $198,600.00 for costs incurred under the North American Indian tuition waiver.

(g) The appropriation for Henry Ford College is $22,753,900.00, $22,533,100.00 for operations, $205,800.00 for 1-time performance funding, and $15,000.00 for costs incurred under the North American Indian tuition waiver.

(h) The appropriation for Jackson College is $12,912,300.00, $12,756,200.00 for operations, $109,900.00 for 1-time performance funding, and $46,200.00 for costs incurred under the North American Indian tuition waiver.

(i) The appropriation for Kalamazoo Valley Community College is $13,320,400.00, $13,099,900.00 for operations, $134,400.00 for 1-time performance funding, and $86,100.00 for costs incurred under the North American Indian tuition waiver.

(j) The appropriation for Kellogg Community College is $10,419,200.00, $10,267,100.00 for operations, $100,800.00 for 1-time performance funding, and $51,300.00 for costs incurred under the North American Indian tuition waiver.

(k) The appropriation for Kirtland Community College is $3,404,000.00, $3,358,400.00 for operations, $39,100.00 for 1-time performance funding, and $6,500.00 for costs incurred under the North American Indian tuition waiver.

(l) The appropriation for Lake Michigan College is $5,768,200.00, $5,702,700.00 for operations, $52,400.00 for 1-time performance funding, and $13,100.00 for costs incurred under the North American Indian tuition waiver.

(m) The appropriation for Lansing Community College is $33,255,300.00, $32,852,000.00 for operations, $280,600.00 for 1-time performance funding, and $122,700.00 for costs incurred under the North American Indian tuition waiver.

(n) The appropriation for Macomb Community College is $34,629,700.00, $34,276,100.00 for operations, $330,300.00 for 1-time performance funding, and $23,300.00 for costs incurred under the North American Indian tuition waiver.

(o) The appropriation for Mid Michigan Community College is $5,396,300.00, $5,184,400.00 for operations, $58,000.00 for 1-time performance funding, and $153,900.00 for costs incurred under the North American Indian tuition waiver.

(p) The appropriation for Monroe County Community College is $4,798,100.00, $4,746,200.00 for operations, $51,200.00 for 1-time performance funding, and $700.00 for costs incurred under the North American Indian tuition waiver.

(q) The appropriation for Montcalm Community College is $3,612,600.00, $3,570,600.00 for operations, $37,200.00 for 1-time performance funding, and $4,800.00 for costs incurred under the North American Indian tuition waiver.

(r) The appropriation for C.S. Mott Community College is $16,623,500.00, $16,440,000.00 for operations, $142,500.00 for 1-time performance funding, and $41,000.00 for costs incurred under the North American Indian tuition waiver.

(s) The appropriation for Muskegon Community College is $9,431,700.00, $9,289,100.00 for operations, $85,100.00 for 1-time performance funding, and $57,500.00 for costs incurred under the North American Indian tuition waiver.

(t) The appropriation for North Central Michigan College is $3,612,700.00, $3,389,300.00 for operations, $42,200.00 for 1-time performance funding, and $181,200.00 for costs incurred under the North American Indian tuition waiver.

(u) The appropriation for Northwestern Michigan College is $9,906,900.00, $9,567,100.00 for operations, $88,600.00 for 1-time performance funding, and $251,200.00 for costs incurred under the North American Indian tuition waiver.

(v) The appropriation for Oakland Community College is $22,485,200.00, $22,211,700.00 for operations, $240,000.00 for 1-time performance funding, and $33,500.00 for costs incurred under the North American Indian tuition waiver.

(w) The appropriation for Schoolcraft College is $13,386,700.00, $13,196,200.00 for operations, $151,700.00 for 1-time performance funding, and $38,800.00 for costs incurred under the North American Indian tuition waiver.

(x) The appropriation for Southwestern Michigan College is $7,081,900.00, $6,979,400.00 for operations, $68,400.00 for 1-time performance funding, and $34,100.00 for costs incurred under the North American Indian tuition waiver.

(y) The appropriation for St. Clair County Community College is $7,478,700.00, $7,385,200.00 for operations, $78,400.00 for 1-time performance funding, and $15,100.00 for costs incurred under the North American Indian tuition waiver.

(z) The appropriation for Washtenaw Community College is $14,080,600.00, $13,855,900.00 for operations, $189,400.00 for 1-time performance funding, and $35,300.00 for costs incurred under the North American Indian tuition waiver.

(aa) The appropriation for Wayne County Community College is $17,782,100.00, $17,593,400.00 for operations, $173,700.00 for 1-time performance funding, and $15,000.00 for costs incurred under the North American Indian tuition waiver.

(bb) The appropriation for West Shore Community College is $2,630,600.00, $2,585,600.00 for operations, $24,800.00 for 1-time performance funding, and $20,200.00 for costs incurred under the North American Indian tuition waiver.

(2) Subject to subsection (3), the amount appropriated for community college operations is $360,642,600.00, allocated as follows:

(a) The appropriation for Alpena Community College is $6,368,600.00, $5,753,300.00 for operations, $300,800.00 for performance funding, $300,800.00 for 1-time performance funding, and $13,700.00 for costs incurred under the North American Indian tuition waiver.

(b) The appropriation for Bay de Noc Community College is $6,315,700.00, $5,602,800.00 for operations, $301,600.00 for performance funding, $301,600.00 for 1-time performance funding, and $109,700.00 for costs incurred under the North American Indian tuition waiver.

(c) The appropriation for Delta College is $16,801,700.00, $15,160,500.00 for operations, $800,500.00 for performance funding, $800,500.00 for 1-time performance funding, and $40,200.00 for costs incurred under the North American Indian tuition waiver.

(d) The appropriation for Glen Oaks Community College is $2,983,200.00, $2,651,200.00 for operations, $166,000.00 for performance funding, $166,000.00 for 1-time performance funding, and $0.00 for costs incurred under the North American Indian tuition waiver.

(e) The appropriation for Gogebic Community College is $5,421,200.00, $4,873,700.00 for operations, $252,500.00 for performance funding, $252,500.00 for 1-time performance funding, and $42,500.00 for costs incurred under the North American Indian tuition waiver.

(f) The appropriation for Grand Rapids Community College is $21,142,100.00, $18,773,100.00 for operations, $1,092,300.00 for performance funding, $1,092,300.00 for 1-time performance funding, and $184,400.00 for costs incurred under the North American Indian tuition waiver.

(g) The appropriation for Henry Ford College is $25,131,600.00, $22,533,100.00 for operations, $1,283,600.00 for performance funding, $1,283,600.00 for 1-time performance funding, and $31,300.00 for costs incurred under the North American Indian tuition waiver.

(h) The appropriation for Jackson College is $13,984,400.00, $12,756,200.00 for operations, $592,800.00 for performance funding, $592,800.00 for 1-time performance funding, and $42,600.00 for costs incurred under the North American Indian tuition waiver.

(i) The appropriation for Kalamazoo Valley Community College is $14,643,900.00, $13,099,900.00 for operations, $743,700.00 for performance funding, $743,700.00 for 1-time performance funding, and $56,600.00 for costs incurred under the North American Indian tuition waiver.

(j) The appropriation for Kellogg Community College is $11,366,100.00, $10,267,100.00 for operations, $536,000.00 for performance funding, $536,000.00 for 1-time performance funding, and $27,000.00 for costs incurred under the North American Indian tuition waiver.

(k) The appropriation for Kirtland Community College is $3,864,300.00, $3,358,400.00 for operations, $241,400.00 for performance funding, $241,400.00 for 1-time performance funding, and $23,100.00 for costs incurred under the North American Indian tuition waiver.

(l) The appropriation for Lake Michigan College is $6,321,700.00, $5,702,700.00 for operations, $303,300.00 for performance funding, $303,300.00 for 1-time performance funding, and $12,400.00 for costs incurred under the North American Indian tuition waiver.

(m) The appropriation for Lansing Community College is $35,991,100.00, $32,852,000.00 for operations, $1,514,400.00 for performance funding, $1,514,400.00 for 1-time performance funding, and $110,300.00 for costs incurred under the North American Indian tuition waiver.

(n) The appropriation for Macomb Community College is $37,913,000.00, $34,276,100.00 for operations, $1,799,200.00 for performance funding, $1,799,200.00 for 1-time performance funding, and $38,500.00 for costs incurred under the North American Indian tuition waiver.

(o) The appropriation for Mid Michigan Community College is $5,884,200.00, $5,184,400.00 for operations, $301,100.00 for performance funding, $301,100.00 for 1-time performance funding, and $97,600.00 for costs incurred under the North American Indian tuition waiver.

(p) The appropriation for Monroe County Community College is $5,313,800.00, $4,746,200.00 for operations, $283,100.00 for performance funding, $283,100.00 for 1-time performance funding, and $1,400.00 for costs incurred under the North American Indian tuition waiver.

(q) The appropriation for Montcalm Community College is $3,993,300.00, $3,570,600.00 for operations, $207,100.00 for performance funding, $207,100.00 for 1-time performance funding, and $8,500.00 for costs incurred under the North American Indian tuition waiver.

(r) The appropriation for C.S. Mott Community College is $17,917,000.00, $16,440,000.00 for operations, $724,100.00 for performance funding, $724,100.00 for 1-time performance funding, and $28,800.00 for costs incurred under the North American Indian tuition waiver.

(s) The appropriation for Muskegon Community College is $10,308,500.00, $9,289,100.00 for operations, $488,700.00 for performance funding, $488,700.00 for 1-time performance funding, and $42,000.00 for costs incurred under the North American Indian tuition waiver.

(t) The appropriation for North Central Michigan College is $4,051,800.00, $3,389,300.00 for operations, $249,300.00 for performance funding, $249,300.00 for 1-time performance funding, and $163,900.00 for costs incurred under the North American Indian tuition waiver.

(u) The appropriation for Northwestern Michigan College is $10,689,800.00, $9,567,100.00 for operations, $483,600.00 for performance funding, 483,600.00 for 1-time performance funding, and $155,500.00 for costs incurred under the North American Indian tuition waiver.

(v) The appropriation for Oakland Community College is $25,014,500.00, $22,211,700.00 for operations, $1,383,500.00 for performance funding, $1,383,500.00 for 1-time performance funding, and $35,800.00 for costs incurred under the North American Indian tuition waiver.

(w) The appropriation for Schoolcraft College is $14,852,600.00, $13,196,200.00 for operations, $817,600.00 for performance funding, $817,600.00 for 1-time performance funding, and $21,200.00 for costs incurred under the North American Indian tuition waiver.

(x) The appropriation for Southwestern Michigan College is $7,783,900.00, $6,979,400.00 for operations, $388,700.00 for performance funding, $388,700.00 for 1-time performance funding, and $27,100.00 for costs incurred under the North American Indian tuition waiver.

(y) The appropriation for St. Clair County Community College is $8,286,800.00, $7,385,200.00 for operations, $441,500.00 for performance funding, $441,500.00 for 1-time performance funding, and $18,600.00 for costs incurred under the North American Indian tuition waiver.

(z) The appropriation for Washtenaw Community College is $16,069,400.00, $13,855,900.00 for operations, $1,094,900.00 for performance funding, $1,094,900.00 for 1-time performance funding, and $23,700.00 for costs incurred under the North American Indian tuition waiver.

(aa) The appropriation for Wayne County Community College is $19,324,000.00, $17,593,400.00 for operations, $861,000.00 for performance funding, $861,000.00 for 1-time performance funding, and $8,600.00 for costs incurred under the North American Indian tuition waiver.

(bb) The appropriation for West Shore Community College is $2,904,400.00, $2,585,600.00 for operations, $148,800.00 for performance funding, $148,800.00 for 1-time performance funding, and $21,200.00 for costs incurred under the North American Indian tuition waiver.(3) The amount appropriated in subsection (2) for community college operations is $328,583,400.00 $360,642,600.00 and is appropriated from the state school aid fund.

(4) From the appropriations described in subsection (1), both of the following apply:

(a) Subject to section 207a, the amount appropriated for fiscal year 2021-2022 2022-2023 to offset certain fiscal year 2021-2022 2022-2023 retirement contributions is $1,733,600.00, $7,020,000.00, appropriated from the state school aid fund.

(b) For fiscal year 2021-2022, 2022-2023, there is allocated an amount not to exceed $11,700,000.00 $10,800,000.00 for payments to participating community colleges, appropriated from the state school aid fund. A community college that receives money under this subdivision shall use that money solely for the purpose of offsetting the normal cost contribution rate.

(5) From the appropriations described in subsection (1), subject to section 207b, the amount appropriated for payments to community colleges that are participating entities of the retirement system is $87,200,000.00 $92,600,000.00, appropriated from the state school aid fund.

(6) From the appropriations described in subsection (1), subject to section 207c, the amount appropriated for renaissance zone tax reimbursements is $2,200,000.00, $2,200,000.00, appropriated from the state school aid fund. Each community college receiving funds in this subsection shall accrue these payments to its institutional fiscal year ending June 30, 2022.2023.

Sec. 202a. As used in this article:

(a) "Center" means the center for educational performance and information created in section 94a.

(b) "Michigan renaissance zone act" means the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696.

(b) (c) "Participating college" means a community college that is a reporting unit of the retirement system and that reports employees to the retirement system for the state fiscal year.

(d) "Retirement board" means the board that administers the retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.

(c) (e) "Retirement system" means the Michigan public school employees' retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.

Sec. 206. (1) Except for the funds appropriated in section 201(4)(b), the funds appropriated in section 201 are appropriated for community colleges with fiscal years ending June 30, 2022 2023 and shall must be paid out of the state treasury and distributed by the state treasurer to the respective community colleges in 11 monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 2021. 2022. Each community college shall accrue its July and August 2022 2023 payments to its institutional fiscal year ending June 30, 2022.2023.

(2) The funds appropriated in section 201(4)(b) are appropriated for community colleges with fiscal years ending June 30, 2022 2023 and shall must be distributed to the respective community colleges in quarterly installments on the sixteenth of each November, February, May, and August. Each community college shall accrue its August 2022 2023 payments to its institutional fiscal year ending June 30, 2022.2023.

(3) If the state budget director determines that a community college failed to submit any of the following information in the form and manner specified by the center, the state treasurer shall, subject to subsection (4), withhold the monthly installments from that community college until those data are submitted:

(a) The Michigan community colleges verified data inventory data for the preceding academic year to the center by the first business day of November of each year as specified in section 217.

(b) The college credit opportunity data set as specified in section 209.

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

(e) Tuition and mandatory fees information for the current academic year as specified in section 225.

(f) The number and type of associate degrees and other certificates awarded during the previous academic year as specified in section 226.

(4) The state budget director shall notify the chairs of the house and senate appropriations subcommittees on community colleges at least 10 days before withholding funds from any community college under subsection (3).

Sec. 207a. The following apply to the allocation of the fiscal year 2021-2022 2022-2023 appropriations described in section 201(4):

(a) A community college that receives money under section 201(4) shall use that money solely for the purpose of offsetting a portion of the retirement contributions owed by the college for that fiscal year.

(b) The amount allocated to each participating community college under section 201(4)(a) shall must be based on each college's percentage of the total covered payroll for all community colleges that are participating colleges in the immediately preceding fiscal year.

(c) The amount allocated to each participating community college under section 201(4)(b) shall must be based on each college's reported quarterly payroll for members for the current fiscal year.

Sec. 207b. All of the following apply to the allocation of the fiscal year 2021-2022 2022-2023 appropriations described in section 201(5) for payments to community colleges that are participating entities of the retirement system:

(a) The amount of a payment under section 201(5) shall must be the difference between the unfunded actuarial accrued liability contribution rate as calculated under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking into account the maximum employer rate of 20.96% included in section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96% under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341.

(b) The amount allocated to each community college under section 201(5) shall must be based on each community college's percentage of the total covered payroll for all community colleges that are participating colleges in the immediately preceding fiscal year. A community college that receives funds under this subdivision shall use the funds solely for the purpose of retirement contributions under section 201(5).

(c) Each participating college that receives funds under section 201(5) shall forward an amount equal to the amount allocated under subdivision (b) to the retirement system in a form and manner determined by the retirement system.

Sec. 207c. All of the following apply to the allocation of the appropriations described in section 201(6) to community colleges described in section 12(3) of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692:

(a) The amount allocated to each community college under section 201(6) for fiscal year 2021-2022 shall 2022-2023 must be based on that community college's proportion of total revenue lost by community colleges as a result of the exemption of property taxes levied in 2021 2022 under the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696.

(b) The appropriations described in section 201(6) shall must be made to each eligible community college within 60 days after the department of treasury certifies to the state budget director that it has received all necessary information to properly determine the amounts payable to each eligible community college under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.

Sec. 209a. (1) A public community college shall develop, maintain, and update a "campus safety information and resources" link, prominently displayed on the homepage of its website, to a section of its website containing all of the information required under subsection (2).

(2) The "campus safety information and resources" section of a public community college's website shall must include, but not be limited to, all of the following information:

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

(b) Hours, locations, phone numbers, and electronic mail email contacts for campus public safety offices and title IX offices.

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

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

(e) A directory of resources available at the community college or surrounding community for students or employees who are survivors of sexual assault or sexual abuse.

(f) An electronic copy of "A Resource Handbook for Campus Sexual Assault Survivors, Friends and Family", published in 2018.

(g) Campus security policies and crime statistics pursuant to the student right-to-know and campus security act, Public Law 101-542, 104 Stat 2381. Information shall must include all material prepared pursuant to the public information reporting requirements under the crime awareness and campus security act of 1990, title II of the student right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.

(3) A community college shall certify to the state budget director by October 1, 2021 2022 that it is in compliance with this section. The state budget director may withhold a public community college's monthly installments described in section 206 until the public community college complies with this section.

Sec. 210h. (1) If a community college that receives an appropriation in section 201 establishes a mandatory COVID-19 vaccine policy, it shall provide exemptions to that policy to the following students:

(a) Any student for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the student's health or is not appropriate.

(b) Any student who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(2) It must be presumed that a student who requests an exemption under subsection (1) is entitled to that exemption. The community college shall grant that student's request unless it determines by clear and convincing evidence that the student is not entitled to that exemption.

(3) A community college shall not deny a student's request for an exemption until it has exhausted every reasonable accommodation.

(4) If a community college denies a student's request for an exemption, the community college shall issue a report fully explaining its reasons for the denial. That report must describe all reasonable accommodations the community college offered the student and the student's response.

(5) Every community college shall submit a written report regarding its actions taken under this section no later than March 15 of each year to the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget director. This annual report must include the following information, which may be obtained from any reliable source that complies with applicable laws regarding student privacy:

(a) The number of students who have requested an exemption from the community college's COVID-19 vaccine policy.

(b) The number of students who have been granted an exemption.(1) A community college receiving an appropriation in section 201 shall not do either of the following:

(a) Require a COVID-19 vaccination as a prerequisite for enrollment or attending in-person instruction.

(b) Issue a fine or other penalty to a student who fails to complete a COVID-19 test required of that student because that student has not received a COVID-19 vaccination.

(2) The state treasurer shall withhold the monthly payment described in section 206(1) each month a community college remains in violation of this section.

Sec. 226d. It is the intent of the legislature that by February 1, 2022, 2023, each community college shall will submit to the senate and house and senate appropriations subcommittees on community colleges, the senate and house and senate fiscal agencies, and the state budget director a report on activities related to strategic planning and internal assessment or reassessment to best provide for open and free expression and speech, while protecting students from hate-speech, violence, and discrimination.

Sec. 226f. (1) From the funds appropriated in section 201 for operations, a community college may establish and operate a pregnant and parenting student services office. If established, an office shall meet all of the following:

(a) Be located on the campus of the community college.

(b) Annually assess the performance of the community college and the office in meeting all of the following needs of students on campus who are pregnant or who are custodial parents or legal guardians of minors:

(i) Comprehensive student health care.

(ii) Family housing.

(iii) Child care.

(iv) Flexible or alternative academic scheduling.

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

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

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

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

(2) By December 1, 2022, a community college that establishes a pregnant and parenting student services office shall report to the house and senate appropriations subcommittees on community colleges, the house and senate fiscal agencies, and the state budget director all of the following:

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

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

Sec. 226g. (1) It is the intent of the legislature that each community college adopt an advocacy policy applicable to faculty, staff, students, student employees, visitors, and contractors by January 1, 2022 2023 and comply with all other requirements of this section.

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

Sec. 229a. Included in the fiscal year 2021-2022 2022-2023 appropriations for the department of technology, management, and budget are appropriations totaling $32,681,600.00 $32,981,600.00 to provide funding for the state share of costs for previously constructed capital projects for community colleges. Those appropriations for state building authority rent represent additional state general fund support for community colleges, and the following is an estimate of the amount of that support to each community college:

(a) Alpena Community College, $933,000.00.$902,600.00.

(b) Bay de Noc Community College, $538,000.00.$520,600.00.

(d) Glen Oaks Community College, $128,500.00.$194,600.00.

(e) Gogebic Community College, $58,500.00.$56,600.00.

(f) Grand Rapids Community College, $1,210,000.00.$1,097,700.00.

(g) Henry Ford College, $1,073,900.00.$1,174,500.00.

(h) Jackson College, $2,260,600.00.$2,187,400.00.

(i) Kalamazoo Valley Community College, $2,028,700.00.$1,963,000.00.

(j) Kellogg Community College, $709,300.00.$686,300.00

(k) Kirtland Community College, $235,000.00.$227,400.00.

(l) Lake Michigan College, $1,009,100.00.976,400.00.

(m) Lansing Community College, $1,191,900.00.$1,153,300.00.

(n) Macomb Community College, $1,722,600.00.1,966,900.00.

(o) Mid Michigan Community College, $1,687,100.00.$1,632,400.00.

(p) Monroe County Community College, $1,608,700.00.$1,556,600.00.

(q) Montcalm Community College, $465,900.00.$450,800.00.

(r) C.S. Mott Community College, $2,196,900.00.$2,125,700.00.

(s) Muskegon Community College, $1,025,800.00.$992,600.00.

(t) North Central Michigan College, $502,500.00.$692,400.00.

(u) Northwestern Michigan College, $1,866,800.00.$1,806,300.00.

(v) Oakland Community College, $0.00.

(w) Schoolcraft College, $1,824,000.00.$2,371,300.00.

(x) Southwestern Michigan College, $859,200.00.$831,400.00.

(y) St. Clair County Community College, $750,100.00.$725,800.00.

(z) Washtenaw Community College, $1,792,600.00.$1,734,600.00.

(aa) Wayne County Community College, $1,527,300.00.$1,477,900.00.

(bb) West Shore Community College, $768,900.00.$743,900.00.

Sec. 230. (1) With the exception of fiscal year 2020-2021, and subject Subject to subsection (4), money included in the appropriations for community college operations under section 201(2) for performance funding and 1-time performance funding is distributed based on the following formula:

(a) Allocated proportionate to fiscal year 2020-2021 2021-2022 base appropriations, 30%.

(b) Based on a weighted student contact hour formula as provided for in the 2016 recommendations of the performance indicators task force, 30%.

(c) Based on the performance improvement as provided for in the 2016 recommendations of the performance indicators task force and based on data provided by the center, 10%.

(d) Based on the performance completion number as provided for in the 2016 recommendations of the performance indicators task force, 10%.

(e) Based on the performance completion rate as provided for in the 2016 recommendations of the performance indicators task force and based on data provided by the center, 10%.

(f) Based on administrative costs, 5%.

(g) Based on the local strategic value component, as developed in cooperation with the Michigan Community College Association and described in subsection (2), 5%.

(2) Money included in the appropriations for community college operations under section 201(2) for local strategic value shall be is allocated only to each community college that certifies to the state budget director, through a board of trustees resolution on or before October 15, 2021, 2022, that the college has met 4 out of 5 best practices listed in each category described in subsection (3). The resolution shall must provide specifics as to how the community college meets each best practice measure within each category. One-third of funding available under the strategic value component shall be is allocated to each category described in subsection (3). Amounts distributed under local strategic value shall must be on a proportionate basis to each college's fiscal year 2020-2021 2021-2022 operations funding. Payments to community colleges that qualify for local strategic value funding shall must be distributed with the November installment payment described in section 206.

(3) For purposes of subsection (2), the following categories of best practices reflect functional activities of community colleges that have strategic value to the local communities and regional economies:

(a) For Category A, economic development and business or industry partnerships, the following:

(i) The community college has active partnerships with local employers including hospitals and health care providers.

(ii) The community college provides customized on-site training for area companies, employees, or both.

(iii) The community college supports entrepreneurship through a small business assistance center or other training or consulting activities targeted toward small businesses.

(iv) The community college supports technological advancement through industry partnerships, incubation activities, or operation of a Michigan technical education center or other advanced technology center.

(v) The community college has active partnerships with local or regional workforce and economic development agencies.

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

(i) The community college has active partnerships with regional high schools, intermediate school districts, and career-tech centers to provide instruction through dual enrollment, concurrent enrollment, direct credit, middle college, or academy programs.

(ii) The community college hosts, sponsors, or participates in enrichment programs for area K-12 students, such as college days, summer or after-school programming, or Science Olympiad.

(iii) The community college provides, supports, or participates in programming to promote successful transitions to college for traditional age students, including grant programs such as talent search, upward bound, or other activities to promote college readiness in area high schools and community centers.

(iv) The community college provides, supports, or participates in programming to promote successful transitions to college for new or reentering adult students, such as adult basic education, a high school equivalency test preparation program and testing, or recruiting, advising, or orientation activities specific to adults. As used in this subparagraph, "high school equivalency test preparation program" means that term as defined in section 4.

(v) The community college has active partnerships with regional 4-year colleges and universities to promote successful transfer, such as articulation, 2+2, or reverse transfer agreements or operation of a university center.

(i) The community college provides continuing education programming for leisure, wellness, personal enrichment, or professional development.

(ii) The community college operates or sponsors opportunities for community members to engage in activities that promote leisure, wellness, cultural or personal enrichment such as community sports teams, theater or musical ensembles, or artist guilds.

(iii) The community college operates public facilities to promote cultural, educational, or personal enrichment for community members, such as libraries, computer labs, performing arts centers, museums, art galleries, or television or radio stations.

(iv) The community college operates public facilities to promote leisure or wellness activities for community members, including gymnasiums, athletic fields, tennis courts, fitness centers, hiking or biking trails, or natural areas.

(v) The community college promotes, sponsors, or hosts community service activities for students, staff, or community members.

(4) Payments for performance funding and 1-time performance funding under section 201(2) shall must be made to a community college only if that community college actively participates in the Michigan Transfer Network sponsored by the Michigan Association of Collegiate Registrars and Admissions Officers and submits timely updates, including updated course equivalencies at least every 6 months, to the Michigan transfer network. The state budget director shall determine if a community college has not satisfied this requirement. The state budget director may withhold payments for performance funding until a community college is in compliance with this subsection.

(5) Payments under section 201 for performance funding and 1-time performance funding for fiscal year 2022-2023 must be made only to a public community college that certifies to the state budget director by the last business day of August that its board will not adopt an increase in tuition and fee rates for in-district students for the 2022-2023 academic year that is greater than 5.0% or $226.00, whichever is greater. As used in this subsection:

(a) "Fee" means any board-authorized fee that will be paid by more than 1/2 of all in-district students at least once during their enrollment at a community college. A community college increasing a fee that applies to a specific subset of students or courses shall provide sufficient information to prove that the increase applied to that subset will not cause the increase in the average amount of board-authorized total tuition and fees paid by in-district students in the 2022-2023 academic year to exceed the limit established in this section.

(b) "Tuition and fee rate" means the average of full-time rates paid by a majority of students in each class, based on an unweighted average of the rates authorized by the community college board and actually charged to students, deducting any uniformly rebated or refunded amounts, for the 2 semesters with the highest levels of full-time equated in-district enrollment during the academic year.

(6) Community colleges that exceed the tuition and fee rate cap described in subsection (5) must not receive a planning or construction authorization for a state-funded capital outlay project in fiscal year 2022-2023 or 2023-2024.

(7) Notwithstanding any other provision of this act, the legislature may at any time adjust appropriations for a community college that adopts an increase in tuition and fee rates for in-district students that exceeds the rate cap established in subsection (5).

Enacting section 1. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for community colleges for fiscal year 2022-2023 under article II of the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830, is estimated at $473,262,600.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is estimated at $473,262,600.00.

Enacting section 2. Sections 201e, 208, 210g, and 226b of the state school aid act of 1979, 1979 PA 94, MCL 388.1801e, 388.1808, 388.1810g, and 388.1826b, are repealed effective October 1, 2022.

Enacting section 3. This amendatory act takes effect October 1, 2022.