PRINTER'S NO. 2948
No. 2163 Session of 1986
INTRODUCED BY COWELL, GALLAGHER, E. Z. TAYLOR, FISCHER,
LETTERMAN, BUSH, COLAFELLA, COY, DALEY, FATTAH, TIGUE, BURNS,
EVANS, HERMAN, LIVENGOOD, DAVIES, LESCOVITZ, BATTISTO, WASS,
LINTON, KOSINSKI, DeWEESE, PETRONE, JOHNSON, PISTELLA,
MARKOSEK, CALTAGIRONE, WAMBACH, HALUSKA, STAIRS, DAWIDA,
PETRARCA, COLE, BOYES, AFFLERBACH, SCHULER, KUKOVICH,
JOSEPHS, VAN HORNE, D. R. WRIGHT, RUDY, SHOWERS, PRESTON,
BELFANTI, COHEN, MURPHY, GEIST, TRELLO, NAHILL, MILLER,
GRUPPO, STEIGHNER, DeLUCA, WOGAN, PRESSMANN, HARPER, ITKIN,
FLICK, McHALE, OLASZ, STEWART AND DUFFY, FEBRUARY 12, 1986
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 12, 1986
AN ACT
1 Authorizing a program for the Department of Education to make
2 institutional equipment grants on behalf of full-time
3 equivalent undergraduate and graduate students attending
4 institutions of higher education in this Commonwealth; and
5 making an appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Institutional
10 Equipment Grants Act.
11 Section 2. Legislative findings.
12 The General Assembly has found and hereby declares that:
13 (1) There exists within this Commonwealth a critical
14 shortage of college and university instructional equipment
15 needed in training and educational programs necessary to meet
1 the growing needs of the citizens of this Commonwealth for
2 opportunities for new and more rewarding employment.
3 (2) This shortage is occasioned by the lack of funds and
4 other resources of institutions of higher education necessary
5 to purchase, lease or otherwise acquire such equipment in
6 order to provide training and education consistent with
7 employment needs.
8 (3) It is in the general public interest of this
9 Commonwealth to provide moneys to institutions of higher
10 education during the fiscal year beginning July 1, 1986, in
11 order to alleviate this shortage, specifically because
12 substantial numbers of undergraduate and graduate students
13 attending Pennsylvania colleges and universities are
14 residents of this Commonwealth.
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Community colleges." Institutions now or hereafter created
20 pursuant to the act of August 24, 1963 (P.L.1132, No.484), known
21 as the Community College Act of 1963.
22 "Department." The Department of Education of the
23 Commonwealth.
24 "Educational equipment." Tangible property used by
25 institutions of higher education in support of undergraduate
26 instruction. The term does not include equipment used in support
27 of sectarian and denominational instruction or for any other
28 sectarian and denominational purpose or activity.
29 "Eligible institution." An independent institution of higher
30 education, a community college, a State-owned institution or a
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1 State-related institution, any of which is approved by the
2 department for equipment grants pursuant to the provisions of
3 this act. The term does not include an institution which is
4 determined by the department to be a theological seminary or
5 school of theology or a sectarian and denominational
6 institution.
7 "Equipment grant." An amount determined by dividing the
8 funds appropriated pursuant to this act, less reasonable
9 administrative expenses, by the total of all certified full-time
10 equivalent undergraduate students and all certified full-time
11 equivalent graduate students from all eligible institutions
12 applying for grants.
13 "Full-time equivalent graduate students." The enrollment in
14 graduate programs at eligible institutions expressed in terms of
15 full-time students as determined by the department.
16 "Full-time equivalent undergraduate students." The
17 enrollment in undergraduate programs at eligible institutions
18 expressed in terms of full-time students as determined by the
19 department.
20 "Independent institution of higher education." An
21 institution of higher education which is operated not for
22 profit, located in and incorporated or chartered by the
23 Commonwealth, entitled to confer degrees as set forth in section
24 211 of the act of May 5, 1933 (P.L.289, No.105), known as the
25 Nonprofit Corporation Law, and entitled to apply to itself the
26 designation "college" or "university" as provided for by
27 standards and qualifications prescribed by the State Board of
28 Education pursuant to the act of May 7, 1937 (P.L.585, No.150),
29 entitled "An act prohibiting the use of the designation of
30 "college" by any institution not conforming to the standards of
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1 a college prescribed by the State Board of Education; and
2 providing for injunctions, and penalties."
3 "Pennsylvania based." Educational equipment manufactured or
4 assembled within this Commonwealth, or sold, leased or otherwise
5 provided to an eligible institution by a vendor which has a
6 place of business in this Commonwealth.
7 "State-owned institutions." Those institutions which are
8 part of the State System of Higher Education pursuant to the act
9 of April 9, 1929 (P.L.177, No.175), known as The Administrative
10 Code of 1929.
11 "State-related institutions." The Pennsylvania State
12 University, the University of Pittsburgh, Temple University and
13 Lincoln University and their branch campuses.
14 Section 4. Certification of recipients.
15 From the information it receives from colleges and
16 universities or, in the case of State-owned institutions, from
17 the State System of Higher Education, the department shall
18 certify the number of full-time equivalent undergraduate and
19 graduate students attending each eligible institution during the
20 most recent year for which data is available.
21 Section 5. Institutional equipment grants.
22 For the academic year beginning on or about September 1,
23 1986, the department shall allot an equipment grant on behalf of
24 each full-time equivalent undergraduate student attending the
25 eligible institution as certified pursuant to section 4. The
26 allotment shall be made to each eligible institution or, in the
27 case of State-owned institutions, to the State System of Higher
28 Education from the funds appropriated to the department pursuant
29 to this act. Following an initial allocation and allotment, if
30 any funds appropriated have not been and cannot be allocated to
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1 one or more institutions otherwise eligible for funds, the
2 department shall reallocate these funds to the remaining
3 eligible institutions so that all funds appropriated under this
4 act have been allotted.
5 Section 6. Use of moneys.
6 The moneys appropriated shall be used only for, or in
7 connection with, expenses incurred by the eligible institution
8 to purchase, lease or otherwise acquire educational equipment
9 which is Pennsylvania based. If the eligible institution
10 purchases, leases or otherwise acquires educational equipment
11 which is not Pennsylvania based, it must file with the
12 department a statement of justification as to why Pennsylvania-
13 based educational equipment was not obtained.
14 Section 7. Forfeiture.
15 Any eligible institution which refuses to submit such
16 information or audit as required by this act or knowingly
17 submits misrepresentations or false statements with the
18 intention of fraudulently obtaining moneys from the department
19 shall be denied status as an eligible institution under the
20 provisions of this act.
21 Section 8. Appropriation.
22 The sum of $22,200,000, or as much thereof as may be
23 necessary, is hereby appropriated to the Department of Education
24 for the fiscal year July 1, 1986, to June 30, 1987, to implement
25 the provisions of this act.
26 Section 9. Effective date.
27 This act shall take effect July 1, 1986.
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