PRIOR PRINTER'S NOS. 1475, 1507, 1972         PRINTER'S NO. 2030

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1252 Session of 1977


        INTRODUCED BY MRS. WISE, JUNE 6, 1977

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

                                  A SUPPLEMENT

     1  To the act of April 1, 1863 (P.L.213, No.227), entitled "An act
     2     to accept the grant of Public Lands, by the United States, to
     3     the several states, for the endowment of Agricultural
     4     Colleges," making appropriations for carrying the same into
     5     effect, providing for a basis for payments of such
     6     appropriations and providing a method of accounting for the
     7     funds appropriated.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  In order to carry into effect the act of
    11  Congress, approved July 2, 1862, granting public land to the
    12  several states for educational purposes, and subsequent acts of
    13  Congress related thereto, and the act of the General Assembly of
    14  Pennsylvania accepting the provisions and conditions of said
    15  acts of Congress and pledging the faith of the State to carry
    16  the same into effect, the following sums or as much thereof as
    17  may be necessary are hereby specifically appropriated to the
    18  Trustees of the Pennsylvania State University for the fiscal
    19  year July 1, 1977 to June 30, 1978, for the purposes and in the
    20  amounts as shown:


     1     (1)  For educational and general expenses.....   $82,359,000   <--
     2                                                      $81,657,000
     3     (2)  For cost of student aid..................      1,760,000
     4     (3)  For cost of agricultural research and
     5          extension including the conservation
     6          education camp...........................     14,576,000  <--
     7                                                        15,312,000
     8     (4)  For cost of research.....................      7,415,000  <--
     9                                                         7,381,000
    10     (5)  For instruction - Doctor of Medicine only      2,784,000
    11     Section 2.  Payments to Pennsylvania State University on
    12  account of the appropriations for all items as provided in
    13  section 1 except for instruction - Doctor of Medicine shall be
    14  made on the basis of costs during the fiscal year.
    15     Payments for instruction - Doctor of Medicine shall be made
    16  on the basis of full-time students enrollment at the rate of
    17  $7,465 per student.
    18     AS A CONDITION OF RECEIVING ITS APPROPRIATION, ON OR AFTER     <--
    19  JANUARY 1, 1978 THE MEDICAL SCHOOL SHALL, WHEN ACCEPTING FIRST
    20  YEAR STUDENTS FOR THE NEXT TERM, SET ASIDE 10% OF THE TOTAL
    21  NUMBER OF ADMISSIONS FOR STUDENTS WHO AGREE THAT UPON THE
    22  COMPLETION OF THEIR MEDICAL TRAINING, THEY SHALL ENGAGE IN THE
    23  PRACTICE OF MEDICINE FOR A PERIOD OF FOUR YEARS IN AN AREA
    24  TERMED MEDICALLY DEPRIVED BY THE PENNSYLVANIA DEPARTMENT OF
    25  HEALTH.
    26     Section 3.  If necessary, the Pennsylvania State University
    27  may transfer funds among the appropriations listed in section 1,
    28  clauses (1), (2), (3) and (4): Provided, That the aggregate
    29  amount transferred into or out of each appropriation during the
    30  fiscal year shall not exceed 5% of the amount specifically
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     1  appropriated for that purpose.
     2     Section 4.  Payments to the Pennsylvania State University of
     3  the appropriations herein provided shall be made monthly during
     4  the fiscal year.
     5     Such monthly payments shall be made in accordance with the
     6  provisions of sections 2 and 3, on the basis of estimated costs
     7  and full-time students enrolled in the Doctor of Medicine
     8  program. The estimate of costs shall be submitted by the
     9  Pennsylvania State University to the Secretary of Education, the
    10  General Assembly and to the State Treasurer not later than 30
    11  days prior to the date on which such payment is to be made.
    12     Section 5.  The Pennsylvania State University shall apply the
    13  moneys appropriated by this act only for such purposes as are
    14  permitted in this act and shall at all times maintain proper
    15  records showing the application of such moneys. Not later than
    16  120 days after the close of the fiscal year to which this act
    17  relates, the Pennsylvania State University shall file with the
    18  Secretary of Education, the General Assembly, and with the
    19  Auditor General of the Commonwealth, a statement setting forth
    20  the amounts and purposes of all expenditures made from moneys
    21  appropriated by this act and other university accounts during
    22  said fiscal year, the number of full-time students enrolled in
    23  the Doctor of Medicine program and costs, as provided in
    24  sections 2 and 3, used as a basis for receipt of any
    25  appropriation during said fiscal year.
    26     Such statement of expenditures and number of full-time
    27  students enrolled in the Doctor of Medicine program and costs
    28  shall be reviewed by the Auditor General of the Commonwealth,
    29  and he shall have the right, in respect to the moneys
    30  appropriated by this act, to audit and disallow expenditures
    19770H1252B2030                  - 3 -

     1  made for purposes not permitted by this act and to cause such
     2  sums to be recovered and paid by the Pennsylvania State
     3  University to the Treasurer of the Commonwealth. The Auditor
     4  General shall also make a determination of full-time students
     5  enrolled in the Doctor of Medicine program and costs and make a
     6  certification as to their correctness. In respect to
     7  expenditures made by the university from moneys other than those
     8  appropriated by this act, the Auditor General shall have the
     9  right to review only and he shall file annually with the General
    10  Assembly such information concerning such expenditures as the
    11  General Assembly or any of its committees may require.
    12     Section 6.  A report shall be submitted to the Governor and
    13  the Appropriations and Education Committees of the Senate and
    14  House of Representatives and shall include data for all programs
    15  except the Doctor of Medicine program. Each such report, to be
    16  submitted prior to November 1, 1978, shall cover the 12-month
    17  period beginning September 1, 1977 and shall include for each
    18  term during the period:
    19         (1)  The following counts and distributions:
    20             (i)  The definitions and numbers of full-time faculty
    21         members, of part-time faculty members, of full-time
    22         students enrolled in graduate courses, of full-time
    23         students enrolled in undergraduate courses, of part-time
    24         students enrolled in graduate courses, and of part-time
    25         students enrolled in undergraduate courses.
    26             (ii)  A distribution of part-time faculty members by
    27         the percentage of full-time employment.
    28             (iii)  Total numbers of undergraduate student credit
    29         hours, divided into lower division and upper division
    30         levels, and of graduate student credit hours divided into
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     1         three levels--master's, first professional and doctoral.
     2             (iv)  Number of different courses scheduled by level
     3         of instruction, distributed by the number of sections
     4         scheduled in each course and the sections distributed by
     5         the number of students enrolled in each section.
     6             (v)  Number of terms scheduled and the dates thereof.
     7         (2)  A classification of faculty members or other
     8     professional employees by title including: professor,
     9     associate professor, assistant professor, instructor,
    10     lecturer, research associate, librarian, and academic
    11     administrator; faculty members or other professional
    12     employees under each title to be subdivided by type of
    13     assignment: undergraduate courses only, graduate courses
    14     only, or both graduate and undergraduate courses; and each
    15     such set of faculty members or other professional employees
    16     to be further subdivided by type of employment: full-time or
    17     part-time; and the following aggregates for each such
    18     subdivided classification:
    19             (i)  The number.
    20             (ii)  The sum of credits assigned to undergraduate
    21         courses and the sum of credits assigned to graduate
    22         courses taught, divided into lower division, upper
    23         division, master's, first professional and doctoral
    24         levels.
    25             (iii)  The sum of undergraduate student credit hours
    26         and the sum of graduate student credit hours generated;
    27         divided into lower division, upper division, master's,
    28         first professional and doctoral levels.
    29             (iv)  Total salary paid.
    30             (v)  Total salary paid from college or university
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     1         funds.
     2             (vi)  Total salary paid from Federal funds.
     3             (vii)  Total salary paid from other funds.
     4         (3)  For each term of the period covered for each full-
     5     time faculty member identified by school, department and
     6     title:
     7             (i)  An analysis of the average hours per week spent
     8         in college or university-related activities, stating
     9         specifically hours spent in undergraduate classroom
    10         contact and graduate classroom contact, hours spent in
    11         preparation, hours spent in research and hours spent in
    12         public service.
    13             (ii)  The total salary paid and the salary paid from
    14         college or university funds.
    15     In addition to the above requirements relative to this
    16  appropriation, each report covering the 12-month period
    17  beginning September 1, 1977, shall include for all programs of
    18  the State colleges or State-owned university:                     <--
    19         (1)  Minimum number of credits required for a
    20     baccalaureate degree and for a master's degree.
    21         (2)  Number of bachelor's degrees, master's degrees,
    22     first professional degrees, and doctoral degrees awarded in
    23     1975, 1976, 1977 and estimated 1978.
    24     The State colleges and State-owned university shall report     <--
    25  their ITS revenues and expenditures and present their ITS         <--
    26  financial statements required under the provisions of this act
    27  in accordance with "Higher Education Finance Manual" (1975).
    28     SECTION 7.  THE UNIVERSITY SHALL UPON ADMITTING A FIRST-YEAR   <--
    29  CLASS TO THE DOCTOR OF MEDICINE PROGRAM, ADMIT AS MANY STUDENTS
    30  IN THAT CLASS AS CAN BE ACCOMMODATED BY THE FACILITIES OF THE
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     1  UNIVERSITY.
     2     Section 7. 8.  The university shall provide such information   <--
     3  AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT and   <--
     4  in such form and manner as the Department of Education may
     5  prescribe. THE DEPARTMENT SHALL ANNUALLY REPORT TO THE GENERAL    <--
     6  ASSEMBLY SUCH DATA AS WILL SHOW THE NUMBER OF STUDENTS IN EACH
     7  CLASS IN THE DOCTOR OF MEDICINE PROGRAM AND THE FACILITIES
     8  AVAILABLE FOR THEM.
     9     Section 8. 9.  The Pennsylvania State University shall report  <--
    10  its revenues and expenditures and present its financial
    11  statements required under the provisions of this act in
    12  accordance with generally accepted accounting principles and
    13  procedures for educational institutions as set forth in "Higher
    14  Education Finance Manual" United States Department of Health,
    15  Education and Welfare (1975) with the exceptions set forth in
    16  the Commonwealth of Pennsylvania Budget Instructions for State
    17  Related Universities, Phase I, Fiscal Year 1977-1978. Credits
    18  granted for non-traditional programs such as CLEP, lifelong
    19  learning etc., including all related costs and revenues thereof
    20  shall be excluded from the function of "Instruction" and
    21  included under "Public Service."
    22     SECTION 10.  IN ADDITION TO THE REQUIREMENTS OF SECTION 6,     <--
    23  THE PENNSYLVANIA STATE UNIVERSITY SHALL, BY MARCH 1, 1978,
    24  SUBMIT TO THE APPROPRIATIONS AND EDUCATION COMMITTEES OF THE
    25  SENATE AND THE HOUSE OF REPRESENTATIVES A BREAKDOWN OF THE FUNDS
    26  BUDGETED FOR THIS FISCAL YEAR FOR THE MAIN CAMPUS AND EACH
    27  BRANCH CAMPUS INCLUDING EXPENDITURES BUDGETED FROM THIS ACT AND
    28  EXPENDITURES BUDGETED FROM MONEYS OTHER THAN THOSE APPROPRIATED
    29  BY THIS ACT.
    30     SECTION 11.  AS A CONDITION TO RECEIVING THESE
    19770H1252B2030                  - 7 -

     1  APPROPRIATIONS, THE UNIVERSITY SHALL NOT ESTABLISH OR CONDUCT OR
     2  COOPERATE WITH ANY AGENCY TO ESTABLISH OR CONDUCT ANY RESEARCH
     3  OR EXPERIMENTS WHICH HAVE THE POTENTIAL TO INTERFERE WITH
     4  THOUGHT PROCESSES OF ANY HUMAN BEING WITHOUT THE INFORMED
     5  CONSENT OF SUCH INDIVIDUAL. THE GENERAL ASSEMBLY MAY WITHHOLD
     6  PART OR ALL OF ANY APPROPRIATION IF THE UNIVERSITY IS FOUND TO
     7  BE VIOLATING THE PROVISIONS OF THIS SECTION. THIS SECTION SHALL
     8  NOT APPLY TO ANY CONTRACTS FOR RESEARCH OR EXPERIMENTATION WHICH
     9  ARE IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
    10     SECTION 12.  EXCEPT WHERE RESTRICTED BY CONTRACT OR BY TERMS
    11  OF AN ENDOWMENT, DISTINGUISHED FACULTY MEMBERS IN WRITING,
    12  LECTURING, AUDIO-VISUAL TECHNIQUES OR RECOGNIZED ON A NATIONAL
    13  OR REGIONAL LEVEL AS AN EXPERT IN A SPECIFIC DISCIPLINE AT THE
    14  UNIVERSITY SHALL PRESENT AT LEAST THREE ACADEMIC LECTURES OR
    15  FIVE ACADEMIC CLASSROOM PRESENTATIONS PER ACADEMIC YEAR.
    16     Section 9. 13.  This act shall take effect July 1, 1977.       <--










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