HOUSE AMENDED
PRIOR PRINTER'S NO. 749 PRINTER'S NO. 1278
No. 656 Session of 1985
INTRODUCED BY TILGHMAN, APRIL 10, 1985
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 27, 1985
AN ACT
1 Making appropriations to the Treasury Department out of various <--
2 funds to pay replacement checks issued in lieu of outstanding
3 checks when presented and to adjust errors.
4 AUTHORIZING A ONE-TIME PROGRAM FOR THE DEPARTMENT OF EDUCATION <--
5 TO MAKE INSTITUTIONAL EQUIPMENT GRANTS ON BEHALF OF FULL-TIME
6 EQUIVALENT UNDERGRADUATE STUDENTS ATTENDING INSTITUTIONS OF
7 HIGHER EDUCATION IN THE COMMONWEALTH.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The following sums are hereby appropriated, out <--
11 of the funds indicated, to the Treasury Department for the
12 fiscal year July 1, 1985, to June 30, 1986, for the payment of
13 replacement checks issued by that department:
14 Out of the Game Fund........................... $ 6,000
15 Out of the Fish Fund........................... 5,000
16 Out of the Milk Marketing Fund................. 5,000
17 Out of the State Farm Products Show Fund....... 5,000
18 Out of the Liquor License Fund................. 5,000
19 Out of the Fire Insurance Tax Fund............. 5,000
1 Out of the State Employees' Retirement Fund.... 20,000
2 Out of the Public School Employees' Retirement
3 Fund.............................................. 20,000
4 Out of the State Horse Racing Fund............. 10,000
5 Out of the Manufacturing Fund.................. 5,000
6 Out of the State Workmen's Insurance Fund...... 10,000
7 Out of the State Stores Fund................... 15,000
8 Out of the State Lottery Fund.................. 20,000
9 Out of the Vietnam Conflict Veterans'
10 Compensation Fund................................. 15,000
11 Out of the Industrial Development Fund......... 10,000
12 Out of the Highway Beautification Fund......... 5,000
13 Out of the Banking Department Fund............. 5,000
14 Out of the Historical Preservation Fund........ 5,000
15 Out of the Boat Fund........................... 5,000
16 Out of the Municipal Employees' Retirement
17 Fund.............................................. 5,000
18 Out of the Higher Education Assistance Fund.... 6,000
19 Out of the Coal Lands Improvement Fund......... 5,000
20 Out of the Employment Fund for the Blind....... 5,000
21 Out of the Land and Water Development Fund..... 5,000
22 Out of the Pennsylvania Fair Fund.............. 10,000
23 Out of the Purchasing Fund..................... 5,000
24 Out of the Insurance Fund...................... 5,000
25 Out of the Coal and Clay Mine Subsidence
26 Insurance Fund.................................... 5,000
27 Out of the Surface Mining Conservation and
28 Reclamation Fund.................................. 5,000
29 Out of the Project 70 Land Acquisition Fund.... 6,000
30 Out of the Project 70 Land Acquisition Sinking
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1 Fund.............................................. 5,000
2 Out of the Nursing Home Loan Development Fund.. 5,000
3 Section 2. This act shall take effect July 1, 1985, or
4 immediately, whichever is later.
5 SECTION 1. SHORT TITLE. <--
6 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE INSTITUTIONAL
7 EQUIPMENT GRANTS ACT.
8 SECTION 2. LEGISLATIVE FINDINGS.
9 THE GENERAL ASSEMBLY HAS FOUND AND HEREBY DECLARES THAT:
10 (1) THERE EXISTS WITHIN THIS COMMONWEALTH A CRITICAL
11 SHORTAGE OF COLLEGE AND UNIVERSITY INSTRUCTIONAL EQUIPMENT
12 NEEDED IN TRAINING AND EDUCATIONAL PROGRAMS NECESSARY TO MEET
13 THE GROWING NEEDS OF THE CITIZENS OF THIS COMMONWEALTH FOR
14 OPPORTUNITIES FOR NEW AND MORE REWARDING EMPLOYMENT.
15 (2) THIS SHORTAGE IS OCCASIONED BY THE LACK OF FUNDS AND
16 OTHER RESOURCES OF INSTITUTIONS OF HIGHER EDUCATION NECESSARY
17 TO PURCHASE, LEASE OR OTHERWISE ACQUIRE SUCH EQUIPMENT IN
18 ORDER TO PROVIDE TRAINING AND EDUCATION CONSISTENT WITH
19 EMPLOYMENT NEEDS.
20 (3) IT IS IN THE GENERAL PUBLIC INTEREST OF THE
21 COMMONWEALTH TO PROVIDE MONEYS TO INSTITUTIONS OF HIGHER
22 EDUCATION DURING THE FISCAL YEAR BEGINNING JULY 1, 1985, IN
23 ORDER TO ALLEVIATE THIS SHORTAGE, SPECIFICALLY BECAUSE
24 APPROXIMATELY 80% OF ALL UNDERGRADUATE STUDENTS ATTENDING
25 PENNSYLVANIA COLLEGES AND UNIVERSITIES ARE RESIDENTS OF THIS
26 COMMONWEALTH.
27 SECTION 3. DEFINITIONS.
28 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
29 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
30 CONTEXT CLEARLY INDICATES OTHERWISE:
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1 "COMMUNITY COLLEGES." INSTITUTIONS NOW, OR HEREAFTER,
2 CREATED PURSUANT TO THE ACT OF AUGUST 24, 1963 (P.L.1132,
3 NO.484), KNOWN AS THE COMMUNITY COLLEGE ACT OF 1963.
4 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
5 COMMONWEALTH.
6 "EDUCATIONAL EQUIPMENT." TANGIBLE PROPERTY USED BY
7 INSTITUTIONS OF HIGHER EDUCATION IN SUPPORT OF UNDERGRADUATE
8 INSTRUCTION. THE TERM SHALL NOT INCLUDE EQUIPMENT USED IN
9 SUPPORT OF SECTARIAN AND DENOMINATIONAL INSTRUCTION OR FOR ANY
10 OTHER SECTARIAN AND DENOMINATIONAL PURPOSE OR ACTIVITY.
11 "ELIGIBLE INSTITUTION." AN INDEPENDENT INSTITUTION OF HIGHER
12 EDUCATION, A STATE-OWNED INSTITUTION OR A STATE-RELATED
13 INSTITUTION, ANY OF WHICH IS APPROVED BY THE DEPARTMENT FOR
14 EQUIPMENT GRANTS PURSUANT TO THE PROVISIONS OF THIS ACT. IT
15 SHALL NOT MEAN AN INSTITUTION WHICH IS DETERMINED BY THE
16 DEPARTMENT TO BE A COMMUNITY COLLEGE, A MEDICAL SCHOOL, A JUNIOR
17 COLLEGE, A THEOLOGICAL SEMINARY OR SCHOOL OF THEOLOGY OR A
18 SECTARIAN AND DENOMINATIONAL INSTITUTION.
19 "EQUIPMENT GRANT." AN AMOUNT DETERMINED BY DIVIDING THE
20 FUNDS APPROPRIATED PURSUANT TO THIS ACT, LESS REASONABLE
21 ADMINISTRATIVE EXPENSES, BY THE TOTAL OF ALL CERTIFIED FULL-TIME
22 EQUIVALENT UNDERGRADUATE STUDENTS FROM ALL ELIGIBLE INSTITUTIONS
23 APPLYING FOR GRANTS.
24 "FULL-TIME EQUIVALENT UNDERGRADUATE STUDENTS." THE
25 ENROLLMENT IN UNDERGRADUATE PROGRAMS AT ELIGIBLE INSTITUTIONS
26 EXPRESSED IN TERMS OF FULL-TIME STUDENTS AS DETERMINED BY THE
27 DEPARTMENT OF EDUCATION.
28 "INDEPENDENT INSTITUTION OF HIGHER EDUCATION." AN
29 INSTITUTION OF HIGHER EDUCATION WHICH IS OPERATED NOT FOR
30 PROFIT, LOCATED IN AND INCORPORATED OR CHARTERED BY THE
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1 COMMONWEALTH, ENTITLED TO CONFER DEGREES AS SET FORTH IN SECTION
2 211 OF THE ACT OF MAY 5, 1933 (P.L.289, NO.105), KNOWN AS THE
3 NONPROFIT CORPORATION LAW, AND ENTITLED TO APPLY TO ITSELF THE
4 DESIGNATION "COLLEGE" OR "UNIVERSITY" AS PROVIDED FOR BY
5 STANDARDS AND QUALIFICATIONS PRESCRIBED BY THE STATE BOARD OF
6 EDUCATION PURSUANT TO THE ACT OF MAY 7, 1937 (P.L.585, NO.150),
7 ENTITLED "AN ACT PROHIBITING THE USE OF THE DESIGNATION OF
8 "COLLEGE" BY ANY INSTITUTION NOT CONFORMING TO THE STANDARDS OF
9 A COLLEGE PRESCRIBED BY THE STATE BOARD OF EDUCATION; AND
10 PROVIDING FOR INJUNCTIONS, AND PENALTIES."
11 "STATE-OWNED INSTITUTIONS." THOSE INSTITUTIONS WHICH ARE
12 PART OF THE STATE SYSTEM OF HIGHER EDUCATION PURSUANT TO THE ACT
13 OF APRIL 9, 1929 (P.L.177, NO.175) KNOWN AS THE ADMINISTRATIVE
14 CODE OF 1929.
15 "STATE-RELATED INSTITUTIONS." THE PENNSYLVANIA STATE
16 UNIVERSITY, THE UNIVERSITY OF PITTSBURGH, TEMPLE UNIVERSITY AND
17 LINCOLN UNIVERSITY AND THEIR BRANCH CAMPUSES.
18 "PENNSYLVANIA BASED." EDUCATIONAL EQUIPMENT MANUFACTURED OR
19 ASSEMBLED WITHIN THIS COMMONWEALTH, OR SOLD, LEASED OR OTHERWISE
20 PROVIDED TO AN ELIGIBLE INSTITUTION BY A VENDOR WHICH HAS A
21 PLACE OF BUSINESS IN THIS COMMONWEALTH.
22 SECTION 4. CERTIFICATION OF RECIPIENTS.
23 FROM THE INFORMATION IT RECEIVES FROM COLLEGES AND
24 UNIVERSITIES OR, IN THE CASE OF STATE-OWNED INSTITUTIONS, FROM
25 THE STATE SYSTEM OF HIGHER EDUCATION, THE DEPARTMENT SHALL
26 CERTIFY THE NUMBER OF FULL-TIME EQUIVALENT UNDERGRADUATE
27 STUDENTS ATTENDING EACH ELIGIBLE INSTITUTION DURING THE MOST
28 RECENT YEAR FOR WHICH DATA IS AVAILABLE.
29 SECTION 5. INSTITUTIONAL EQUIPMENT GRANTS.
30 FOR THE ACADEMIC YEAR BEGINNING ON OR ABOUT SEPTEMBER 1,
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1 1985, THE DEPARTMENT SHALL ALLOT A ONE-TIME EQUIPMENT GRANT ON
2 BEHALF OF EACH FULL-TIME EQUIVALENT UNDERGRADUATE STUDENT
3 ATTENDING THE ELIGIBLE INSTITUTION AS CERTIFIED PURSUANT TO
4 SECTION 4. THE ALLOTMENT SHALL BE MADE TO EACH ELIGIBLE
5 INSTITUTION OR, IN THE CASE OF STATE-OWNED INSTITUTIONS, TO THE
6 STATE SYSTEM OF HIGHER EDUCATION FROM THE FUNDS APPROPRIATED TO
7 THE DEPARTMENT PURSUANT TO THIS ACT. FOLLOWING AN INITIAL
8 ALLOCATION AND ALLOTMENT, IF ANY FUNDS APPROPRIATED HAVE NOT
9 BEEN AND CANNOT BE ALLOCATED TO ONE OR MORE INSTITUTIONS
10 OTHERWISE ELIGIBLE FOR FUNDS, THE DEPARTMENT SHALL REALLOCATE
11 THESE FUNDS TO THE REMAINING ELIGIBLE INSTITUTIONS SO THAT ALL
12 FUNDS APPROPRIATED UNDER THIS ACT HAVE BEEN ALLOTTED.
13 SECTION 6. USE OF MONEYS.
14 THE MONEYS APPROPRIATED SHALL BE USED ONLY FOR, OR IN
15 CONNECTION WITH, EXPENSES INCURRED BY THE ELIGIBLE INSTITUTION
16 TO PURCHASE, LEASE OR OTHERWISE ACQUIRE EDUCATIONAL EQUIPMENT
17 WHICH IS PENNSYLVANIA BASED. IF THE ELIGIBLE INSTITUTION
18 PURCHASES, LEASES OR OTHERWISE ACQUIRES EDUCATIONAL EQUIPMENT
19 WHICH IS NOT PENNSYLVANIA BASED, IT MUST FILE WITH THE
20 DEPARTMENT A STATEMENT OF JUSTIFICATION AS TO WHY PENNSYLVANIA-
21 BASED EDUCATIONAL EQUIPMENT WAS NOT OBTAINED.
22 SECTION 7. FORFEITURE.
23 ANY ELIGIBLE INSTITUTION WHICH REFUSES TO SUBMIT SUCH
24 INFORMATION OR AUDIT AS REQUIRED BY THIS ACT OR KNOWINGLY
25 SUBMITS MISREPRESENTATIONS OR FALSE STATEMENTS WITH THE
26 INTENTION OF FRAUDULENTLY OBTAINING MONEYS FROM THE DEPARTMENT
27 SHALL BE DENIED STATUS AS AN ELIGIBLE INSTITUTION UNDER THE
28 PROVISIONS OF THIS ACT.
29 SECTION 8. EXPIRATION.
30 THIS ACT SHALL EXPIRE ON JUNE 30, 1986.
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1 SECTION 9. EFFECTIVE DATE.
2 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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