2023 Senate Bill 200

1. Amend page 24, line 28, after “year” by inserting a period.

2. Amend page 24, line 29, by striking out “that is greater than 4.5% or $676, whichever is greater.”.

1. Amend page 26, following line 1, by inserting:

“(4) Universities that exceed the tuition and fee rate cap described in subsection (2) will not receive a planning or construction authorization for a state-funded capital outlay project in fiscal year 2024-2025 or 2025-2026.

(5) Notwithstanding any other provision of this act, the legislature may at any time adjust appropriations for a university that adopts an increase in tuition and fee rates for resident undergraduate students that exceeds the rate cap established in subsection (2).”.

1. Amend page 10, following line 15, by inserting:

“(14) From the appropriations described in subsection (1), $282,555,000.00 is appropriated from state general fund/general purpose money for university safety grants. Payments shall be made in an equal amount per full-year equivalent student, based on the most recently available enrollment data collected through the higher education information data inventory. Funds shall be used for safety infrastructure, including, but not limited to, cameras, door blocks, hardened vestibules, window screening, and technology necessary to operate alert systems and coordinate with local law enforcement. This may also include firearm detection software that integrates to existing security cameras to detect and alert school personnel and first responders to visible firearms on school property.” and adjusting the totals in section 236 and enacting section 1 accordingly.

1. Amend page 34, following line 21, by inserting:

“(11) It is the intent of the legislature that an eligible institution will not make changes to scholarship or financial aid programs offered by that eligible institution that have the goal or net effect of shifting the cost burden of those programs to the program described in this section.”.

1. Amend page 34, following line 21, by inserting:

“(11) Beginning April 1, 2024, by April 1 of each year, each eligible institution shall submit a report that provides a description of any changes made to institutional undergraduate financial aid programs between the current academic year and prior academic year to the department, the state budget office, and the house and senate fiscal agencies.”.

1. Amend page 34, following line 21, by inserting:

“(11) For each fiscal year, an eligible institution becomes ineligible for funding under this section if, in the immediately preceding fiscal year, the institution exceeds 1 of the following tuition restraint requirements, as applicable:

(a) For an eligible institution that is a community college, the tuition restraint described in section 217b.

(b) For an eligible institution that is a public university or independent nonprofit college or university, the tuition restraint described in section 241c.”.

1. Amend page 10, following line 15, by inserting:

“(14) From the appropriations described in subsection (1), subject to section 275n, the amount appropriated for ethical stem cell/fetal tissue research is $5,000,000.00, appropriated from state general fund/general purpose money.”.

2. Amend page 55, following line 10, by inserting:

“Sec. 275n. (1) Subject to subsection (2), from the funds appropriated in section 236(14), public universities classified as doctoral universities under the Carnegie classification system may be awarded research grants up to the full appropriated amount in section 236(14). As a condition to receiving a grant under this section, a public university must agree not to conduct any research on aborted fetal tissue. As used in this section, “Carnegie classification” means that term as defined in section 265a.

(2) Of the amount appropriated in section 236(14), $2,300,000.00 shall be awarded to Wayne State University to support the operation of the perinatology research branch laboratory.” and adjusting the totals in section 236 and enacting section 1 accordingly.

1. Amend page 15, following line 27, by inserting:

“Sec. 236n. (1) For fiscal year 2023-2024 only, in addition to the allocations under section 236(4) and (9), there is allocated an amount not to exceed $250,000,000.00 for payments to participating public universities, appropriated from the state school aid fund. A university that receives money under this subsection shall use that money solely for the purpose of payments toward the pension and other postemployment benefit unfunded actuarial accrued liabilities associated with members and pension recipients of those participating public universities. As used in this section, “participating public universities” means public universities that are reporting units of 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, and that pay contributions to the Michigan public school employees’ retirement system for the state fiscal year.

(2) The amount allocated in subsection (1) must be allocated to each participating public university based on each participating public university’s percentage of the total combined payrolls of the universities’ employees who are members of the retirement system and who were hired before January 1, 1996 and the universities’ employees who would have been members of the retirement system on or after January 1, 1996, but for the enactment of 1995 PA 272 for all public universities that are participating public universities for the immediately preceding state fiscal year.

(3) Participating public universities receiving funds under this section shall forward an amount equal to the amount allocated under subsection (1) to the retirement system in a form, manner, and time frame determined by the retirement system.

(4) Amounts allocated in subsection (1) must be paid to participating public universities in 1 lump-sum installment no later than October 30, 2023.” and adjusting the totals in section 236 and enacting section 1 accordingly.

1. Amend page 49, following line 12, by inserting:

“Sec. 264a. (1) If any public university that receives an appropriation in section 236 sells or otherwise disposes of agricultural land owned by that university, the university shall submit a report including the following information to the house and senate subcommittees on higher education, the house and senate fiscal agencies, and the state budget director:

(a) The location, size, and a legal description of the property that was sold.

(b) The sales price of the property.

(2) Upon receipt of a report under subsection (1), the state budget director shall reduce the next monthly payment described in section 241 by an amount equal to the sales price reported under subsection (1)(b). If a reduction under this subsection would cause the monthly payment to be a negative number, the state budget director shall instead completely withhold the next monthly payment, and reduce the subsequent payment by the difference between the sales price reported under subsection (1)(b) and the amount of the initial withheld payment.

(3) Any payment withheld under this section shall be allowed to lapse at the end of the fiscal year, and shall not be disbursed to the university from which it was withheld.”.

1. Amend page 10, following line 15, by inserting:

“(14) The amount appropriated for pregnant and parenting student support services is $500,000.00, appropriated from state general fund/general purpose money, and is subject to section 275p.”.

2. Amend page 55, following line 10, by inserting:

“Sec. 275p. (1) From the funds appropriated in section 236(14) for pregnant and parenting student services, a university 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 university.

(b) Annually assess the performance of the university and the office in meeting all of the following needs of students on campus who are pregnant or who are a custodial parent or legal guardian of a minor:

(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) By December 1, 2023, a university that establishes a pregnant and parenting student services office shall report to the house and senate appropriations subcommittees on universities, 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.

(3) Funds received for administering programs under this section shall not be used for direct financial aid of indirect financial aid.

(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.” and adjusting the totals in section 236 and enacting section 1 accordingly.

1. Amend page 55, following line 10, by inserting:

“Sec. 275l. (1) To receive funds under section 236(2), a public university may not spend more than 2.0% of its total general fund operations revenue from all sources on diversity, equity, and inclusion initiatives or programs, including staff salaries, benefits, and program operations.

(2) By March 15, 2024 each university with a diversity, equity and inclusion program must report to the house and senate appropriations committees on their total diversity, equity and inclusion initiatives spending. The reporting must include, but is not limited to, a description of program goals, number of employees, and an overview of staff salaries and benefits.”.

1. Amend page 2, line 17, by striking out “$352,268,300.00.” and inserting “$0.00.”.

2. Amend page 2, line 19, by striking out “$1,851,296,500.00.” and inserting “$2,203,564,800.00.”.

3. Amend page 7, line 26, after “from” by striking out the balance of the page and inserting “state general fund/general purpose money.”.

4. Amend page 9, line 17, after “from” by striking out “the state school aid fund” and inserting “state general fund/general purpose money”.

1. Amend page 55, following line 10, by inserting:

“Sec. 275o. By March 15, 2024, each university that receives an appropriation in section 236(2) must submit a report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director detailing any funds received by that university from entities located outside the United States, including funds received for research.”.

1. Amend page 51, following line 19, by inserting:

“Sec. 274b. Each public university that receives an appropriation in section 236 must not require students to receive a COVID-19 vaccination as a condition of attendance at that university.”.