Bill Text: MI SB0306 | 2023-2024 | 102nd Legislature | Introduced


Bill Title: Appropriations: community colleges; appropriations for fiscal year 2023-2024; provide for. Amends secs. 201, 202a, 206, 207a, 207b, 207c, 209a, 226b, 226d, 226g, 227, 227a, 229a & 230 of 1979 PA 94 (MCL 388.1801 et seq.); adds secs. 201d, 201f & 216c & repeals secs. 216, 216a & 216b of 1979 PA 94 (MCL 388.1816 et seq.).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2023-04-27 - Referred To Committee On Appropriations [SB0306 Detail]

Download: Michigan-2023-SB0306-Introduced.html

 

 

 

 

 

 

 

 

 

 

SENATE BILL NO. 306

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

A bill to amend 1979 PA 94, entitled

"The state school aid act of 1979,"

by amending sections 201, 202a, 206, 207a, 207b, 207c, 209a, 226b, 226d, 226g, 227, 227a, 229a, and 230 (MCL 388.1801, 388.1802a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809a, 388.1826b, 388.1826d, 388.1826g, 388.1827, 388.1827a, 388.1829a, and 388.1830), sections 201, 202a, 206, 207a, 207b, 207c, 209a, 226b, 226d, 226g, 229a, and 230 as amended and sections 227 and 227a as added by 2022 PA 144, and by adding sections 201d, 201f, and 216c; 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, 2023, 2024, from the funds indicated in this section. The following is a summary of the appropriations in this section and section 201f:

(a) The gross appropriation is $530,258,000.00. $1,262,932,200.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $530,258,000.00.$1,262,932,200.00.

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

(i) Total federal revenues, $81,200,000.00.$0.00.

(ii) Total local revenues, $0.00.

(iii) Total private revenues, $0.00.

(iv) Total other state restricted revenues, $449,058,000.00.$1,262,932,200.00.

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

(2) Subject to subsection (3), the amount appropriated for community college operations is $341,224,400.00, $355,064,700.00, allocated as follows:

(a) The appropriation for Alpena Community College is $6,040,500.00, $5,753,300.00 for operations, $273,500.00 for performance funding, and $13,700.00 for costs incurred under the North American Indian tuition waiver.$6,290,300.00, $6,044,700.00 for operations, $219,100.00 for performance funding, and $26,500.00 for costs incurred under the North American Indian tuition waiver.

(b) The appropriation for Bay de Noc Community College is $5,986,700.00, $5,602,800.00 for operations, $274,200.00 for performance funding, and $109,700.00 for costs incurred under the North American Indian tuition waiver.$6,255,500.00, $5,894,900.00 for operations, $246,700.00 for performance funding, and $113,900.00 for costs incurred under the North American Indian tuition waiver.

(c) The appropriation for Delta College is $15,928,400.00, $15,160,500.00 for operations, $727,700.00 for performance funding, and $40,200.00 for costs incurred under the North American Indian tuition waiver.$16,557,600.00, $15,906,100.00 for operations, $603,300.00 for performance funding, and $48,200.00 for costs incurred under the North American Indian tuition waiver.

(d) The appropriation for Glen Oaks Community College is $2,802,100.00, $2,651,200.00 for operations, $150,900.00 for performance funding, and $0.00 for costs incurred under the North American Indian tuition waiver.$2,929,500.00, $2,820,000.00 for operations, $109,500.00 for performance funding, and $0.00 for costs incurred under the North American Indian tuition waiver.

(e) The appropriation for Gogebic Community College is $5,145,800.00, $4,873,700.00 for operations, $229,600.00 for performance funding, and $42,500.00 for costs incurred under the North American Indian tuition waiver.$5,340,200.00, $5,121,200.00 for operations, $181,100.00 for performance funding, and $37,900.00 for costs incurred under the North American Indian tuition waiver.

(f) The appropriation for Grand Rapids Community College is $19,950,600.00, $18,773,100.00 for operations, $993,100.00 for performance funding, and $184,400.00 for costs incurred under the North American Indian tuition waiver.$20,768,600.00, $19,784,100.00 for operations, $862,500.00 for performance funding, and $122,000.00 for costs incurred under the North American Indian tuition waiver.

(g) The appropriation for Henry Ford College is $23,731,400.00, $22,533,100.00 for operations, $1,167,000.00 for performance funding, and $31,300.00 for costs incurred under the North American Indian tuition waiver.$24,715,900.00, $23,718,000.00 for operations, $983,800.00 for performance funding, and $14,100.00 for costs incurred under the North American Indian tuition waiver.

(h) The appropriation for Jackson College is $13,337,700.00, $12,756,200.00 for operations, $538,900.00 for performance funding, and $42,600.00 for costs incurred under the North American Indian tuition waiver.$13,793,500.00, $13,313,000.00 for operations, $447,200.00 for performance funding, and $33,300.00 for costs incurred under the North American Indian tuition waiver.

(i) The appropriation for Kalamazoo Valley Community College is $13,832,700.00, $13,099,900.00 for operations, $676,200.00 for performance funding, and $56,600.00 for costs incurred under the North American Indian tuition waiver.$14,416,100.00, $13,794,000.00 for operations, $564,000.00 for performance funding, and $57,500.00 for costs incurred under the North American Indian tuition waiver.

(j) The appropriation for Kellogg Community College is $10,781,400.00, $10,267,100.00 for operations, $487,300.00 for performance funding, and $27,000.00 for costs incurred under the North American Indian tuition waiver.$11,205,200.00, $10,772,300.00 for operations, $411,900.00 for performance funding, and $21,000.00 for costs incurred under the North American Indian tuition waiver.

(k) The appropriation for Kirtland Community College is $3,601,000.00, $3,358,400.00 for operations, $219,500.00 for performance funding, and $23,100.00 for costs incurred under the North American Indian tuition waiver.$3,771,800.00, $3,595,800.00 for operations, $156,200.00 for performance funding, and $19,800.00 for costs incurred under the North American Indian tuition waiver.

(l) The appropriation for Lake Michigan College is $5,990,800.00, $5,702,700.00 for operations, $275,700.00 for performance funding, and $12,400.00 for costs incurred under the North American Indian tuition waiver.$6,271,600.00, $5,996,300.00 for operations, $271,700.00 for performance funding, and $3,600.00 for costs incurred under the North American Indian tuition waiver.

(m) The appropriation for Lansing Community College is $34,339,200.00, $32,852,000.00 for operations, $1,376,900.00 for performance funding, and $110,300.00 for costs incurred under the North American Indian tuition waiver.$35,478,500.00, $34,246,800.00 for operations, $1,168,200.00 for performance funding, and $63,500.00 for costs incurred under the North American Indian tuition waiver.

(n) The appropriation for Macomb Community College is $35,950,400.00, $34,276,100.00 for operations, $1,635,800.00 for performance funding, and $38,500.00 for costs incurred under the North American Indian tuition waiver.$37,335,000.00, $35,929,800.00 for operations, $1,378,700.00 for performance funding, and $26,500.00 for costs incurred under the North American Indian tuition waiver.

(o) The appropriation for Mid Michigan Community College is $5,555,700.00, $5,184,400.00 for operations, $273,700.00 for performance funding, and $97,600.00 for costs incurred under the North American Indian tuition waiver.$5,759,400.00, $5,476,000.00 for operations, $227,800.00 for performance funding, and $55,600.00 for costs incurred under the North American Indian tuition waiver.

(p) The appropriation for Monroe County Community College is $5,005,000.00, $4,746,200.00 for operations, $257,400.00 for performance funding, and $1,400.00 for costs incurred under the North American Indian tuition waiver.$5,248,500.00, $5,021,500.00 for operations, $224,900.00 for performance funding, and $2,100.00 for costs incurred under the North American Indian tuition waiver.

(q) The appropriation for Montcalm Community College is $3,767,400.00, $3,570,600.00 for operations, $188,300.00 for performance funding, and $8,500.00 for costs incurred under the North American Indian tuition waiver.$3,944,900.00, $3,776,800.00 for operations, $158,600.00 for performance funding, and $9,500.00 for costs incurred under the North American Indian tuition waiver.

(r) The appropriation for C.S. Mott Community College is $17,127,100.00, $16,440,000.00 for operations, $658,300.00 for performance funding, and $28,800.00 for costs incurred under the North American Indian tuition waiver.$17,702,400.00, $17,116,200.00 for operations, $554,700.00 for performance funding, and $31,500.00 for costs incurred under the North American Indian tuition waiver.

(s) The appropriation for Muskegon Community College is $9,775,400.00, $9,289,100.00 for operations, $444,300.00 for performance funding, and $42,000.00 for costs incurred under the North American Indian tuition waiver.$10,146,000.00, $9,751,300.00 for operations, $382,000.00 for performance funding, and $12,700.00 for costs incurred under the North American Indian tuition waiver.

(t) The appropriation for North Central Michigan College is $3,779,800.00, $3,389,300.00 for operations, $226,600.00 for performance funding, and $163,900.00 for costs incurred under the North American Indian tuition waiver.$3,978,300.00, $3,633,800.00 for operations, $202,300.00 for performance funding, and $142,200.00 for costs incurred under the North American Indian tuition waiver.

(u) The appropriation for Northwestern Michigan College is $10,162,300.00, $9,567,100.00 for operations, $439,700.00 for performance funding, and $155,500.00 for costs incurred under the North American Indian tuition waiver.$10,574,900.00, $10,024,700.00 for operations, $373,200.00 for performance funding, and $177,000.00 for costs incurred under the North American Indian tuition waiver.

(v) The appropriation for Oakland Community College is $23,505,300.00, $22,211,700.00 for operations, $1,257,800.00 for performance funding, and $35,800.00 for costs incurred under the North American Indian tuition waiver.$24,521,000.00, $23,487,400.00 for operations, $1,011,300.00 for performance funding, and $22,300.00 for costs incurred under the North American Indian tuition waiver.

(w) The appropriation for Schoolcraft College is $13,960,700.00, $13,196,200.00 for operations, $743,300.00 for performance funding, and $21,200.00 for costs incurred under the North American Indian tuition waiver.$14,606,000.00, $13,957,400.00 for operations, $617,900.00 for performance funding, and $30,700.00 for costs incurred under the North American Indian tuition waiver.

(x) The appropriation for Southwestern Michigan College is $7,359,900.00, $6,979,400.00 for operations, $353,400.00 for performance funding, and $27,100.00 for costs incurred under the North American Indian tuition waiver.$7,643,400.00, $7,350,700.00 for operations, $280,000.00 for performance funding, and $12,700.00 for costs incurred under the North American Indian tuition waiver.

(y) The appropriation for St. Clair County Community College is $7,805,200.00, $7,385,200.00 for operations, $401,400.00 for performance funding, and $18,600.00 for costs incurred under the North American Indian tuition waiver.$8,159,600.00, $7,804,500.00 for operations, $339,100.00 for performance funding, and $16,000.00 for costs incurred under the North American Indian tuition waiver.

(z) The appropriation for Washtenaw Community College is $14,875,000.00, $13,855,900.00 for operations, $995,400.00 for performance funding, and $23,700.00 for costs incurred under the North American Indian tuition waiver.$15,741,200.00, $14,869,200.00 for operations, $859,300.00 for performance funding, and $12,700.00 for costs incurred under the North American Indian tuition waiver.

(aa) The appropriation for Wayne County Community College is $18,384,700.00, $17,593,400.00 for operations, $782,700.00 for performance funding, and $8,600.00 for costs incurred under the North American Indian tuition waiver.$19,052,400.00, $18,394,000.00 for operations, $653,800.00 for performance funding, and $4,600.00 for costs incurred under the North American Indian tuition waiver.

(bb) The appropriation for West Shore Community College is $2,742,200.00, $2,585,600.00 for operations, $135,400.00 for performance funding, and $21,200.00 for costs incurred under the North American Indian tuition waiver.$2,857,400.00, $2,738,900.00 for operations, $104,100.00 for performance funding, and $14,400.00 for costs incurred under the North American Indian tuition waiver.

(3) The amount appropriated in subsection (2) for community college operations is $341,224,400.00 $355,064,700.00 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 2022-2023 2023-2024 to offset certain fiscal year 2022-2023 2023-2024 retirement contributions is $1,733,600.00, $7,189,000.00, appropriated from the state school aid fund.

(b) For fiscal year 2022-2023, 2023-2024, there is allocated an amount not to exceed $10,800,000.00 $23,000,000.00 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 $92,600,000.00, $105,800,000.00, 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, 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, 2023.

(7) From the appropriations described in subsection (1), subject to section 216, the amount appropriated for the Michigan reconnect grant program short-term training grants is $6,000,000.00, appropriated from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2.

(8) From the appropriations described in subsection (1), there is appropriated $9,200,000.00 from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, for fiscal year 2022-2023 only, to the nonprofit organization Talent 2025, for the creation and operation of the Michigan center for adult college success to focus on research, support models, and best practices on ensuring enrollment and completion of college degrees and certificates among adults returning to further their education due to being unemployed or underemployed, including, but not limited to, those whose employment opportunities have been adversely affected by the COVID-19 pandemic. The goal of the research is to identify barriers that prevent these individuals from completing degree and certificate programs, create greater support systems within colleges and universities for these students that address these barriers, and as a result increase the number of adults completing degree and certificate programs. This research is meant to serve the overarching aim of increasing the skills and training of Michiganders impacted by the COVID-19 pandemic. Talent 2025 shall provide information on request to the house and senate appropriations subcommittees on community colleges, the house and senate fiscal agencies, and the state budget director on the use of these funds until the project is completed.

(9) From the appropriations described in subsection (1), subject to section 216a, there is appropriated $10,000,000.00, from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, for fiscal year 2022-2023 only, to the Michigan Community College Association, for the community college academic catch-up program.

(11) From the appropriations described in subsection (1), subject to section 216b, the amount appropriated for the Michigan ADN to BSN completion grant program is $56,000,000.00, appropriated from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2.

(7) From the appropriations described in subsection (1), subject to section 201d, the amount appropriated for community college operating millage offset is $619,678,500.00, appropriated from the state school aid fund. Funds must be distributed to each community college as follows:

(a) Alpena Community College, $2,870,400.00.

(b) Bay de Noc Community College, $2,823,600.00.

(c) Delta College, $23,916,000.00.

(d) Glen Oaks Community College, $6,009,200.00.

(e) Gogebic Community College, $1,632,500.00.

(f) Grand Rapids Community College, $36,446,500.00.

(g) Henry Ford College, $14,993,900.00.

(h) Jackson College, $5,621,800.00.

(i) Kalamazoo Valley Community College, $22,643,000.00.

(j) Kellogg Community College, $10,610,100.00.

(k) Kirtland Community College, $7,846,500.00.

(l) Lake Michigan College, $22,629,500.00.

(m) Lansing Community College, $46,328,200.00.

(n) Macomb Community College, $43,739,900.00.

(o) Mid Michigan Community College, $3,872,200.00.

(p) Monroe County Community College, $14,230,100.00.

(q) Montcalm Community College, $7,433,700.00.

(r) C.S. Mott Community College, $21,468,100.00.

(s) Muskegon Community College, $10,710,700.00.

(t) North Central Michigan College, $6,604,700.00.

(u) Northwestern Michigan College, $11,961,700.00.

(v) Oakland Community College, $95,803,100.00.

(w) Schoolcraft College, $35,977,700.00.

(x) Southwestern Michigan College, $6,424,000.00.

(y) St. Clair County Community College, $11,482,300.00.

(z) Washtenaw Community College, $61,260,500.00.

(aa) Wayne County Community College, $77,171,200.00.

(bb) West Shore Community College, $7,167,400.00.

(8) From the appropriations described in subsection (1), the amount appropriated for community college safety grants is $50,000,000.00, appropriated from the state school aid fund. Funds must be distributed to each community college proportionately to the number of full-year equated students attending each community college based on the most recent information collected by the center. These funds must be used by each community college to improve the safety of students attending that community college.

Sec. 201d. (1) The funds appropriated in section 201(7) for community college operating millage offset must be distributed to eligible community colleges based on the payment schedule established in section 206(1).

(2) As used in this section, "eligible community colleges" means community colleges listed in section 201(7) that have certified all of the following to the state budget director:

(a) The college's board of trustees or an equivalent body has taken all necessary steps to discontinue levying any existing property tax millage that supports the general operations of the college.

(b) The college's board of trustees or an equivalent body has passed a resolution not to spend any revenue collected from a new or existing operating millage after October 1, 2023.

(c) The college's board of trustees or an equivalent body has passed a resolution to refund any operating millage revenue collected from taxpayers after October 1, 2023 in the amount that was paid by each taxpayer. A credit in the amount of the refund required under this subdivision on the taxpayer's next property tax bill is sufficient for the purposes of this subdivision. The amount of the refund calculated under this subdivision may be prorated to reflect the effective date of the board's or equivalent body's resolution under subdivision (b).

(3) It is the intent of the legislature that future payments under this section and section 201(7) will be based on a future set of criteria in an amount for each college that is not less than the amount listed for each college in section 201(7).

Sec. 201f. (1) For the fiscal year ending September 30, 2024 only, there is appropriated an amount not to exceed $100,000,000.00 from the state school aid fund for debt, infrastructure, technology, equipment, and maintenance. These funds are to be used for the repayment of debt and necessary improvements and deferred maintenance of community college buildings, facilities, and other physical infrastructure; necessary demolition of community college buildings, facilities, and other physical infrastructure; necessary improvements and deferred maintenance of information technology, other technology infrastructure, and other equipment; and other purposes related to infrastructure, technology, equipment, and maintenance. These funds are not to be used for any other purpose than what is specified in this section. These funds are distributed to each community college according to its respective share of total fiscal year equated students as reported to the Michigan community college data inventory for the fiscal year ending September 30, 2022. Payments to community colleges under this section must be distributed in 1 lump sum to each institution. Each community college must use not less than 50% of funds received under this section to reduce debt held by that community college as of March 1, 2023. A community college that pays off debt using funds under this section must prioritize the payment of debt related to obligations under the retirement system.

(2) From the amount appropriated in subsection (1), each community college is allocated the following:

(a) Alpena Community College, $860,200.00.

(b) Bay de Noc Community College, $1,215,400.00.

(c) Delta College, $4,565,700.00.

(d) Glen Oaks Community College, $680,200.00.

(e) Gogebic Community College, $589,600.00.

(f) Grand Rapids Community College, $7,781,100.00.

(g) Henry Ford College, $8,019,500.00.

(h) Jackson College, $2,952,900.00.

(i) Kalamazoo Valley Community College, $4,483,100.00.

(j) Kellogg Community College, $2,207,300.00.

(k) Kirtland Community College, $800,900.00.

(l) Lake Michigan College, $1,752,700.00.

(m) Lansing Community College, $6,820,300.00.

(n) Macomb Community College, $11,310,500.00.

(o) Mid Michigan Community College, $1,915,600.00.

(p) Monroe County Community College, $1,444,800.00.

(q) Montcalm Community College, $842,100.00.

(r) C.S. Mott Community College, $4,287,000.00.

(s) Muskegon Community College, $2,474,000.00.

(t) North Central Michigan College, $893,400.00.

(u) Northwestern Michigan College, $2,155,100.00.

(v) Oakland Community College, $9,520,700.00.

(w) Schoolcraft College, $5,832,300.00.

(x) Southwestern Michigan College, $1,172,100.00.

(y) St. Clair County Community College, $2,092,700.00.

(z) Washtenaw Community College, $7,497,400.00.

(aa) Wayne County Community College, $5,243,800.00.

(bb) West Shore Community College, $589,600.00.

Sec. 202a. As used in this article:

(a) "ADN" means an associate of science degree in nursing, an associate of applied science in nursing, or a similar 2-year degree in nursing.

(b) "BSN" means a bachelor of science degree in nursing.

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

(b) (d) "College level equivalent credit examination" means an examination that is administered by an independent testing service and that is used by colleges and universities generally to award postsecondary credit for achievement of a particular score, and includes, but is not limited to, advanced placement examinations, the DANTES Subject Standardized Test (DSST), and college-level examination program (CLEP) examinations.

(c) (e) "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) (f) "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, 2023 2024 and 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, 2022. 2023. Each community college shall accrue its July and August 2023 2024 payments to its institutional fiscal year ending June 30, 2023.2024.

(2) The funds appropriated in section 201(4)(b) are appropriated for community colleges with fiscal years ending June 30, 2023 2024 and 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 2023 2024 payments to its institutional fiscal year ending June 30, 2023.2024.

(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.

(c) The longitudinal data set for the preceding academic year to the center as specified in section 219.

(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 2022-2023 2023-2024 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) 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) 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 2022-2023 2023-2024 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) 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) 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 2022-2023 2023-2024 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 2022 2023 under the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696.

(b) The appropriations described in section 201(6) 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 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 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 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, 2022 2023 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. 216c. (1) From the funds appropriated in section 201 for community college operations, $17,900.00 is included so that each community college may establish and operate a pregnant and parenting student services office. If established, an office must 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, and adoption to individual students who request that information. An office shall not provide referrals for abortion services.

(2) Program allocations not expended or encumbered by September 20, 2024 must be returned to this state so they may lapse to the state general fund.

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

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

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

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

(4) Funds received for administering programs under this section must not be used for direct financial aid or indirect financial aid. As used in this subsection:

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

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

Sec. 226b. By September 30, 2023, 2024, each community college receiving an appropriation in section 201 shall do both of the following:

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

(b) Post the information contained in the report described in subdivision (a) on the public transparency website described in section 209.

Sec. 226d. It is the intent of the legislature that by February 1, 2023, 2024, each community college will submit to the house and senate appropriations subcommittees on community colleges, the house and senate fiscal agencies, and the state budget director a report on activities related to strategic planning and internal assessment or reassessment to best provide for open and free expression and speech, while protecting students from hate-speech, violence, and discrimination.

Sec. 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, 2023 2024 and comply with all other requirements of this section.

(2) An advocacy policy established under subsection (1) should include, but is not limited to, policies for distribution and self-distribution of printed political or advocacy materials related 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. 227. (1) Each community college that receives an appropriation in section 201 shall demonstrate the acceptance of nationally recognized college level equivalent credit examination opportunities by developing and implementing policies and procedures for the awarding of academic credit through college level equivalent credit examinations.

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

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

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

Sec. 227a. (1) Each community college that receives an appropriation in section 201 shall provide all enrolled students information on accelerated degree completion pathways and options within the first semester of enrollment, and shall publicly post this information on the community college's website by October 1, 2022.2023.

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

Sec. 229a. Included in the fiscal year 2022-2023 2023-2024 appropriations for the department of technology, management, and budget are appropriations totaling $32,981,600.00 $33,081,600.00 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, $902,600.00.$866,800.00.

(b) Bay de Noc Community College, $520,600.00.$522,100.00.

(c) Delta College, $2,732,600.00.$2,724,100.00.

(d) Glen Oaks Community College, $194,600.00.$406,500.00.

(e) Gogebic Community College, $56,600.00.$56,800.00.

(f) Grand Rapids Community College, $1,097,700.00.$1,101,000.00.

(g) Henry Ford College, $1,174,500.00.$1,178,300.00.

(h) Jackson College, $2,187,400.00.$2,193,900.00.

(i) Kalamazoo Valley Community College, $1,963,000.00.$1,968,800.00.

(j) Kellogg Community College, $686,300.00.$688,400.00.

(k) Kirtland Community College, $227,400.00.$228,100.00.

(l) Lake Michigan College, $976,400.00.$979,300.00.

(m) Lansing Community College, $1,153,300.00.$1,156,800.00.

(n) Macomb Community College, $1,966,900.00.$1,972,800.00.

(o) Mid Michigan Community College, $1,632,400.00.$1,637,300.00.

(p) Monroe County Community College, $1,556,600.00.$1,561,300.00.

(q) Montcalm Community College, $450,800.00.$452,200.00.

(r) C.S. Mott Community College, $2,125,700.00.$2,132,100.00.

(s) Muskegon Community College, $992,600.00.$995,600.00.

(t) North Central Michigan College, $692,400.00.$654,900.00.

(u) Northwestern Michigan College, $1,806,300.00.$1,811,700.00.

(v) Oakland Community College, $0.00.

(w) Schoolcraft College, $2,371,300.00.$2,262,900.00.

(x) Southwestern Michigan College, $831,400.00.$833,900.00.

(y) St. Clair County Community College, $725,800.00.$727,900.00.

(z) Washtenaw Community College, $1,734,600.00.$1,739,800.00.

(aa) Wayne County Community College, $1,477,900.00.$1,482,300.00.

(bb) West Shore Community College, $743,900.00.$746,000.00.

Sec. 230. (1) Subject to subsection (4), money included in the appropriations for community college operations under section 201(2) for performance funding is distributed based on the following formula:

(a) Allocated proportionate to fiscal year 2021-2022 2022-2023 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 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, 2022, 2023, that the college has met 4 out of 5 best practices listed in each category described in subsection (3). The resolution 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 is allocated to each category described in subsection (3). Amounts distributed under local strategic value must be on a proportionate basis to each college's fiscal year 2021-2022 2022-2023 operations funding. Payments to community colleges that qualify for local strategic value funding 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.

(c) For Category C, community services, the following:

(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 under section 201(2) 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 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).

(8) A task force must be formed by September 15, 2022 to review, evaluate, discuss, and make recommendations regarding community college operations funding, with a focus on addressing disparities and ensuring that funding levels are equitable across tuition, state support, and local tax revenue. All of the following apply to this task force:

(a) The task force must consist of the following members:

(i) The chairs and minority vice chairs of the house and senate appropriations subcommittees on higher education and community colleges.

(ii) The state budget director or designee.

(iii) The director of the Michigan Community Colleges Association.

(iv) Three members from Michigan public community colleges, designated by the Michigan Community College Association, that represent various-sized colleges and geographical distribution.

(b) The task force may engage legislative staff, the house and senate fiscal agencies, the state budget office, the department of treasury, former state officials, and other stakeholders with relevant technical expertise to support its work.

(c) The task force shall review whether the current performance metrics used for the performance funding formula are the most appropriate and reliable performance indicators available and determine the most efficient methodology for connecting state funding to those indicators. The task force shall also review, examine, and suggest methodology concerning equitable and appropriate funding levels to community colleges.

(d) The task force shall publish a report containing its findings and recommendations by December 15, 2022.

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 2023-2024 under article II of the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830, as amended by this amendatory act, is estimated at $1,262,932,200.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2023-2024 is estimated at $1,262,932,200.00.

Enacting section 2. Sections 216, 216a, and 216b of the state school aid act of 1979, 1979 PA 94, MCL 388.1816, 388.1816a, and 388.1816b, are repealed.

Enacting section 3. This amendatory act takes effect October 1, 2023.

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