PRIOR PRINTER'S NOS. 1476, 1973               PRINTER'S NO. 2018

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1253 Session of 1977


        INTRODUCED BY MR. PIEVSKY, JUNE 6, 1977

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           SEPTEMBER 28, 1977

                                  A SUPPLEMENT

     1  To the act of July 28, 1966 (3rd Sp.Sess., P.L.87, No.3),
     2     entitled "An act providing for the establishment and
     3     operation of the University of Pittsburgh as an
     4     instrumentality of the Commonwealth to serve as a State-
     5     related university in the higher education system of the
     6     Commonwealth; providing for change of name; providing for the
     7     composition of the board of trustees; terms of trustees, and
     8     the power and duties of such trustees; authorizing
     9     appropriations in amounts to be fixed annually by the General
    10     Assembly; providing for the auditing of accounts of
    11     expenditures from said appropriations; providing for public
    12     support and capital improvements; authorizing the issuance of
    13     bonds exempt from taxation within the Commonwealth; requiring
    14     the chancellor to make an annual report of the operations of
    15     the University of Pittsburgh," making appropriations for
    16     carrying the same into effect, providing for a basis for
    17     payments of such appropriations, and providing a method of
    18     accounting for the funds appropriated.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  The following sums, or as much thereof as may be
    22  necessary, are hereby specifically appropriated to the Trustees
    23  of the University of Pittsburgh for the fiscal year July 1, 1977
    24  to June 30, 1978, for the purpose and in the amounts as shown:
    25     (1)  For educational and general expenses.....    $54,105,000
    26     (2)  For cost of student aid..................      2,960,000

     1     (3)  For instruction - Doctor of Medicine
     2          only........................................   4,031,000
     3     (4)  For operation of dental clinics in the
     4          school of dentistry.........................     600,000
     5     Section 2.  Payments to the University of Pittsburgh on
     6  account of the appropriations for all items, as provided in
     7  section 1 except for instruction - Doctor of Medicine shall be
     8  made on the basis of costs during the fiscal year.
     9     Payments for instruction - Doctor of Medicine shall be made
    10  on the basis of full-time student enrollment at the rate of
    11  $7,465 per student.
    12     AS A CONDITION OF RECEIVING ITS APPROPRIATION, ON OR BEFORE    <--
    13  JANUARY 1, 1978 THE MEDICAL SCHOOL SHALL, WHEN ACCEPTING FIRST-
    14  YEAR STUDENTS FOR THE NEXT TERM, SET ASIDE 10% OF THE TOTAL
    15  NUMBER OF ADMISSIONS FOR STUDENTS WHO AGREE THAT UPON THE
    16  COMPLETION OF THEIR MEDICAL TRAINING, THEY SHALL ENGAGE IN THE
    17  PRACTICE OF MEDICINE FOR A PERIOD OF FOUR YEARS IN AN AREA
    18  TERMED MEDICALLY DEPRIVED BY THE PENNSYLVANIA DEPARTMENT OF
    19  HEALTH.
    20     Section 3.  If necessary the University of Pittsburgh may
    21  transfer funds between the appropriations listed in section 1,
    22  clauses (1) and (2): Provided, That the aggregate amount
    23  transferred into or out of each appropriation during the fiscal
    24  year shall not exceed 5% of the amount specifically appropriated
    25  for that purpose.
    26     Section 4.  Payments to the University of Pittsburgh of the
    27  appropriations herein provided shall be made monthly during the
    28  fiscal year.
    29     Such monthly payments shall be made in accordance with the
    30  provisions of section 2 on the basis of estimated costs and
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     1  full-time students enrolled in the Doctor of Medicine program.
     2  The estimate of costs shall be submitted by the University of
     3  Pittsburgh to the Secretary of Education, the General Assembly
     4  and to the Treasurer of the Commonwealth not later than 30 days
     5  prior to the date on which such payment is to be made.
     6     Section 5.  The University of Pittsburgh shall apply the
     7  moneys appropriated by this act only for such purposes as are
     8  permitted in this act and shall at all times maintain proper
     9  records showing the application of such moneys. Not later than
    10  120 days after the close of the fiscal year to which this act
    11  relates, the University of Pittsburgh shall file with the
    12  Secretary of Education, the General Assembly and with, the        <--
    13  Auditor General of the Commonwealth AND THE CHIEF ADMINISTRATOR   <--
    14  OF EACH BRANCH CAMPUS, a statement setting forth the amounts and
    15  purposes of all expenditures made from moneys appropriated by
    16  this act and other university accounts during said fiscal year,
    17  the number of full-time students enrolled in the Doctor of
    18  Medicine program and costs, as provided in section 2, used as a
    19  basis for receipt of any appropriation during said fiscal year.
    20     Such statement of expenditures, and number of full-time
    21  students enrolled in the Doctor of Medicine program and costs
    22  shall be reviewed by the Auditor General of the Commonwealth,
    23  and he shall have the right, in respect to the moneys
    24  appropriated by this act, to audit and disallow expenditures
    25  made for purposes not permitted by this act and to cause such
    26  sums to be recovered and paid by the University of Pittsburgh to
    27  the Treasurer of the Commonwealth. The Auditor General shall
    28  also make a determination of full-time students enrolled in the
    29  Doctor of Medicine program and costs and make a certification as
    30  to their correctness. In respect to expenditures made by the
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     1  university from moneys other than those appropriated by this
     2  act, the Auditor General shall have the right to review only and
     3  he shall file annually with the General Assembly such
     4  information concerning such expenditures as the General Assembly
     5  or any of its committees may require.
     6     Section 6.  A report shall be submitted to the Governor and
     7  the Appropriations and Education Committees of the Senate and
     8  House of Representatives and shall include data for all programs
     9  except the Doctor of Medicine program. Each such report, to be
    10  submitted prior to November 1, 1978, shall cover the 12-month
    11  period beginning September 1, 1977 and shall include for each
    12  term during the period:
    13         (1)  The following counts and distributions:
    14             (i)  The definitions and numbers of full-time faculty
    15         members, of part-time faculty members, of full-time
    16         students enrolled in graduate courses, of full-time
    17         students enrolled in undergraduate courses, of part-time
    18         students enrolled in graduate courses, and of part-time
    19         students enrolled in undergraduate courses.
    20             (ii)  A distribution of part-time faculty members by
    21         the percentage of full-time employment.
    22             (iii)  Total numbers of undergraduate student credit
    23         hours, divided into lower division and upper division
    24         levels, and of graduate student credit hours divided into
    25         three levels--master's, first professional and doctoral.
    26             (iv)  Number of different courses scheduled by level
    27         of instruction, distributed by the number of sections
    28         scheduled in each course and the sections distributed by
    29         the number of students enrolled in each section.
    30             (v)  Number of terms scheduled and the dates thereof.
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     1         (2)  A classification of faculty members or other
     2     professional employees by title including: professor,
     3     associate professor, assistant professor, instructor,
     4     lecturer, research associate, librarian, and academic
     5     administrator; faculty members or other professional
     6     employees under each title to be subdivided by type of
     7     assignment: undergraduate courses only, graduate courses
     8     only, or both graduate and undergraduate courses; and each
     9     such set of faculty members or other professional employees
    10     to be further subdivided by type of employment: full-time or
    11     part-time; and the following aggregates for each such
    12     subdivided classification:
    13             (i)  The number.
    14             (ii)  The sum of credits assigned to undergraduate
    15         courses and the sum of credits assigned to graduate
    16         courses taught, divided into lower division, upper
    17         division, master's, first professional and doctoral
    18         levels.
    19             (iii)  The sum of undergraduate student credit hours
    20         and the sum of graduate student credit hours generated;
    21         divided into lower division, upper division, master's,
    22         first professional and doctoral levels.
    23             (iv)  Total salary paid.
    24             (v)  Total salary paid from college or university
    25         funds.
    26             (vi)  Total salary paid from Federal funds.
    27             (vii)  Total salary paid from other funds.
    28         (3)  For each term of the period covered for each full-
    29     time faculty member identified by school, department and
    30     title:
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     1             (i)  An analysis of the average hours per week spent
     2         in college or university-related activities, stating
     3         specifically hours spent in undergraduate classroom
     4         contact and graduate classroom contact, hours spent in
     5         preparation, hours spent in research and hours spent in
     6         public service.
     7             (ii)  The total salary paid and the salary paid from
     8         college or university funds.
     9     In addition to the above requirements relative to this
    10  appropriation, each report covering the 12-month period
    11  beginning September 1, 1977, shall include for all programs of
    12  the State colleges or State-owned university:                     <--
    13         (1)  Minimum number of credits required for a
    14     baccalaureate degree and for a master's degree.
    15         (2)  Number of bachelor's degrees, master's degrees,
    16     first professional degrees, and doctoral degrees awarded in
    17     1975, 1976, 1977 and estimated 1978.
    18     The State colleges and State-owned university shall report     <--
    19  their ITS revenues and expenditures and present their ITS         <--
    20  financial statements required under the provisions of this act
    21  in accordance with "Higher Education Finance Manual" (1975).
    22     SECTION 7.  THE UNIVERSITY SHALL UPON ADMITTING A FIRST-YEAR   <--
    23  CLASS, ADMIT AS MANY STUDENTS FOR THE DOCTOR OF MEDICINE AND
    24  DENTAL PROGRAMS IN THAT CLASS AS CAN BE ACCOMMODATED BY THE
    25  FACILITIES OF THE SCHOOL.
    26     Section 7. 8.  The university shall provide such information   <--
    27  AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT and   <--
    28  in such form and manner as the Department of Education may
    29  prescribe. THE DEPARTMENT SHALL ANNUALLY REPORT TO THE GENERAL    <--
    30  ASSEMBLY SUCH DATA AS WILL SHOW THE NUMBER OF STUDENTS IN EACH
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     1  CLASS IN THE DOCTOR OF MEDICINE AND DENTAL PROGRAMS AND THE
     2  FACILITIES AVAILABLE FOR THEM.
     3     Section 8. 9.  The university shall report its revenues and    <--
     4  expenditures and present its financial statements required under
     5  the provisions of this act in accordance with generally accepted
     6  accounting principles and procedures for educational
     7  institutions as set forth in "Higher Education Finance Manual"
     8  United States Department of Health, Education and Welfare (1975)
     9  with the exceptions set forth in the Commonwealth of
    10  Pennsylvania Budget I Instructions for State Related
    11  Universities, Phase I, Fiscal Year 1977-1978. Credits granted
    12  for non-traditional programs such as CLEP, lifelong learning
    13  etc., including all related costs and revenues thereof shall be
    14  excluded from the function of "Instruction" and included under
    15  "Public Service."
    16     SECTION 10.  IN ADDITION TO THE REQUIREMENTS OF SECTION 6,     <--
    17  THE UNIVERSITY OF PITTSBURGH SHALL, BY MARCH 1, 1978, SUBMIT TO
    18  THE APPROPRIATIONS AND EDUCATION COMMITTEES OF THE SENATE AND
    19  THE HOUSE OF REPRESENTATIVES A BREAKDOWN OF THE FUNDS BUDGETED
    20  FOR THIS FISCAL YEAR FOR THE MAIN CAMPUS AND EACH BRANCH CAMPUS
    21  INCLUDING EXPENDITURES BUDGETED FROM THIS ACT AND EXPENDITURES
    22  BUDGETED FROM MONEYS OTHER THAN THOSE APPROPRIATED BY THIS ACT.
    23     SECTION 11.  AS A CONDITION TO RECEIVING THESE
    24  APPROPRIATIONS, THE UNIVERSITY SHALL NOT ESTABLISH OR CONDUCT OR
    25  COOPERATE WITH ANY AGENCY TO ESTABLISH OR CONDUCT ANY RESEARCH
    26  OR EXPERIMENTS WHICH HAVE THE POTENTIAL TO INTERFERE WITH
    27  THOUGHT PROCESSES OF ANY HUMAN BEING WITHOUT THE INFORMED
    28  CONSENT OF SUCH INDIVIDUAL. THE GENERAL ASSEMBLY MAY WITHHOLD
    29  PART OR ALL OF ANY APPROPRIATION IF THE UNIVERSITY IS FOUND TO
    30  BE VIOLATING THE PROVISIONS OF THIS SECTION. THIS SECTION SHALL
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     1  NOT APPLY TO ANY CONTRACTS FOR RESEARCH OR EXPERIMENTATION WHICH
     2  ARE IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
     3     SECTION 12.  EXCEPT WHERE RESTRICTED BY CONTRACT OR BY TERMS
     4  OF AN ENDOWMENT, DISTINGUISHED FACULTY MEMBERS IN WRITING,
     5  LECTURING, AUDIO-VISUAL TECHNIQUES OR RECOGNIZED ON A NATIONAL
     6  OR REGIONAL LEVEL AS AN EXPERT IN A SPECIFIC DISCIPLINE AT THE
     7  UNIVERSITY SHALL PRESENT AT LEAST THREE ACADEMIC LECTURES OR
     8  FIVE ACADEMIC CLASSROOM PRESENTATIONS PER ACADEMIC YEAR.
     9     Section 9. 13.  This act shall take effect July 1, 1977.       <--














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