Bill Summary – FastDemocracy

HOUSE BILL NO. 5447
     February 14, 2024, Introduced by Reps. Farhat, Aiyash, Arbit, Rheingans, Hood and Wilson and
        referred to the Committee on Local Government and Municipal Finance.
          A bill to amend 1984 PA 431, entitled
    "The management and budget act,"
    by amending sections 206a and 299 (MCL 18.1206a and 18.1299),
    section 206a as added by 1995 PA 89 and section 299 as amended by
PA 389.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 206a. (1) A state agency shall do both of the following
 if that the state agency lists racial or ethnic classifications in
 a writing that is developed or printed 90 or more days after the
 effective date of this section, and if that after September 18,
    KNC                                                                             H00929'23 *
                                       2
 1995 and the state agency requests that an individual select a
 classification to designate his or her the individual's race or
 ethnicity:
       (a) Include in the writing the term "multiracial" as a
 classification, and a definition of that term that substantially
 provides that "multiracial" means having parents of different
 races.
       (b) Exclude from the writing the term "other" as a
 classification.
       (2) In addition to the requirements set forth in subsection
 (1), if a state agency lists racial or ethnic classifications in a
 writing that is developed or printed after the effective date of
 the amendatory act that added this subsection and the state agency
 requests that an individual select a classification to designate
 the individual's race or ethnicity, the state agency must include
 in the writing the term "Middle Eastern or North African" as a
 classification.
       (3) (2) If a federal agency requires a state agency to
 transmit information obtained from an individual pursuant to a
 writing described in individual's selection under subsection (1) or
 (2), but rejects the classification "multiracial" or "Middle
 Eastern or North African", as applicable, the state agency shall
 must redesignate the individuals identified as multiracial the
 rejected classification by allocating those individuals to racial
 or ethnic classifications approved by the federal agency in the
 same ratio that those classifications occur within the general
 population of the group from which the information was solicited.
       (4) (3) As used in this section, "writing" means that term as
 defined in section 2 of the freedom of information act, Act No. 442
     KNC                                                        H00929'23 *
                                       3
 of the Public Acts of 1976, being section 15.232 of the Michigan
 Compiled Laws.1976 PA 442, MCL 15.232.
       Sec. 299. (1) The office of the state budget director shall do
 all of the following:
       (a) Establish, maintain, and coordinate the state higher
 education database commonly known as the higher education
 institutional data inventory or "HEIDI".
       (b) Collect data concerning public universities and public
 university programs in this state, including data obtained from
 race and ethnicity selections made under section 402a of the
 Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2402a, and
 data required by law. , and include it
       (c) Include the data described in subdivision (b) in the
 database.
       (d) (c) Establish procedures to ensure the validity and
 reliability of the data and the collection process.
       (e) (d) Develop model data collection policies, including, but
 not limited to, policies that ensure the privacy of individual
 student data. Privacy The privacy policies shall must ensure that
 student social security Social Security numbers are not released to
 the public for any purpose.
       (f) (e) Provide data in a useful manner to allow state
 policymakers and public university officials to make informed
 policy decisions.
       (g) (f) Assist public universities in complying with audits
 under this section or federal law.
       (h) (g) Perform other functions assigned by the state budget
 director or required by law.
       (2) There is created within the office of the state budget
     KNC                                                      H00929'23 *
                                       4
 director in the department the higher education institutional data
 inventory advisory committee. The committee shall provide advice to
 advise the state budget director regarding the management of the
 state higher education database, including, but not limited to:
       (a) Determining Subject to subsection (1)(b) and (c),
 determining what data is necessary to collect and maintain.
       (b) Defining the roles of all stakeholders in the data
 collection system.
       (c) Recommending timelines for the implementation and ongoing
 collection of data.
       (d) Establishing and maintaining data definitions, data
 transmission protocols, and system specifications and procedures
 for the efficient and accurate transmission and collection of data.
       (e) Establishing and maintaining a process for ensuring the
 accuracy of the data.
       (f) Establishing and maintaining policies related to data
 collection, including, but not limited to, privacy policies related
 to individual student data.
       (g) Ensuring the data is made available to state policymakers
 and citizens of this state in the most useful format possible.
       (h) Addressing other matters as determined by the state budget
 director or as required by law.
       (3) The higher education institutional data inventory advisory
 committee created in subsection (2) shall consist consists of the
 following members:
       (a) One representative from the house fiscal agency, appointed
 by the director of the house fiscal agency.
       (b) One representative from the senate fiscal agency,
 appointed by the director of the senate fiscal agency.
     KNC                                                      H00929'23 *
                                       5
       (c) One representative from the office of the state budget
 director, appointed by the state budget director.
       (d) Three representatives of the presidents council of state
 universities, appointed by the presidents council. The presidents
 council shall appoint 1 representative each from a master's
 university, a doctoral university, and a research university.
       (4) The auditor general shall review higher education
 institutional data inventory enrollment data submitted by all
 public universities and shall perform audits of selected data
 submitted by public universities at least once every 4 years. The
 review and audits shall must be based upon on the definitions,
 requirements, and uniform reporting categories established by the
 state budget director in consultation with the higher education
 institutional data inventory advisory committee. The auditor
 general shall submit a report of findings to the house and senate
 appropriations committees and the state budget director by July 1
 of each year in which an audit is performed.
       Enacting section 1. This amendatory act does not take effect
 unless Senate Bill No.____ or House Bill No. 5448 (request no.
 03903'23) of the 102nd Legislature is enacted into law.
     KNC                          Final Page                   H00929'23 *
Statutes affected: 
House Introduced Bill: 18.1206, 18.1299