SENATE AMENDED PRIOR PRINTER'S NOS. 2178, 2184 PRINTER'S NO. 2309
No. 1817 Session of 1995
INTRODUCED BY PITTS, JUNE 15, 1995
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 28, 1995
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; and providing for a basis for payments of such 6 appropriations, for a method of accounting for the funds 7 appropriated and for certain fiscal information disclosure. 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 appropriated to the Trustees of The 18 Pennsylvania State University for the fiscal year July 1, 1995, 19 to June 30, 1996, for the purposes and in the amounts as shown:
1 (1) For educational and general expenses...... $207,765,000 2 (2) For medical education..................... 4,425,000 3 (3) For children's hospital................... 4,659,000 4 (4) For the Central Pennsylvania Psychiatric 5 Institute......................................... 2,000,000 <-- 6 (5) For the cost of agricultural research..... 21,150,000 7 (6) For cost of agricultural extension 8 services.......................................... 20,663,000 9 INSTITUTE......................................... 1,568,000 <-- 10 (5) FOR THE COST OF AGRICULTURAL RESEARCH..... 18,300,000 11 (6) FOR COST OF AGRICULTURAL EXTENSION 12 SERVICES.......................................... 19,787,000 13 (7) To enhance the recruitment and retention 14 of disadvantaged students......................... 321,000 15 (8) For the Pennsylvania College of 16 Technology........................................ 10,729,000 17 (9) For debt service related to the former 18 Williamsport Area Community College............... 1,592,000 19 Section 2. Payments to The Pennsylvania State University on 20 account of the appropriations for all items as provided in 21 section 1 shall be made on the basis of costs during the fiscal 22 year. 23 Section 3. If necessary, The Pennsylvania State University 24 may transfer funds among the appropriations listed in section 25 1(1), (3) and (4), provided that the aggregate amount 26 transferred into or out of each appropriation during the fiscal 27 year shall not exceed 5% of the amount specifically appropriated 28 for that purpose. 29 Section 4. (a) Payments to The Pennsylvania State 30 University of the appropriations provided in section 1 shall be 19950H1817B2309 - 2 -
1 made monthly during the fiscal year. 2 (b) Such monthly payments shall be made in accordance with 3 the provisions of section 2 on the basis of estimated costs. The 4 estimate of costs shall be submitted by The Pennsylvania State 5 University to the Secretary of Education, the General Assembly 6 and the State Treasurer not later than 30 days prior to the date 7 on which such payment is to be made. 8 Section 5. Notwithstanding any provision of the General 9 Appropriation Act of 1995 relating to the payment of retirement 10 expenses, the Trustees of The Pennsylvania State University 11 shall make all required payments to the State Employees' 12 Retirement Fund from the funds appropriated pursuant to this 13 act. 14 Section 6. (a) The Pennsylvania State University shall 15 apply the moneys appropriated by this act only for such purposes 16 as are permitted in this act and shall at all times maintain 17 proper records showing the application of such moneys. Not later 18 than 120 days after the close of the fiscal year to which this 19 act relates, The Pennsylvania State University shall file, with 20 the Secretary of Education, the General Assembly and the Auditor 21 General of the Commonwealth, a statement setting forth the 22 amounts and purposes of all expenditures made from moneys 23 appropriated by this act and other university accounts during 24 said fiscal year, as provided in section 2, used as a basis for 25 receipt of any appropriation during said fiscal year. 26 (b) Such statement of expenditures and costs shall be 27 reviewed by the Auditor General of the Commonwealth, and he 28 shall have the right, in respect to the moneys appropriated by 29 this act, to audit and disallow expenditures made for purposes 30 not permitted by this act and to cause such sums to be recovered 19950H1817B2309 - 3 -
1 and paid by The Pennsylvania State University to the State 2 Treasurer. In respect to expenditures made by the university 3 from moneys other than those appropriated by this act, the 4 Auditor General shall have the right to review only, and he 5 shall file annually with the General Assembly such information 6 concerning such expenditures as the General Assembly or any of 7 its committees may require. 8 Section 7. A report shall be submitted to the Governor and 9 the Appropriations and Education Committees of the Senate and 10 House of Representatives and shall include data for all programs 11 except the Doctor of Medicine program. The report, to be 12 submitted prior to September 1, 1996, shall cover the 12-month 13 period beginning with the summer term 1995 and shall include: 14 (1) The following counts and distributions for each term 15 during the period: 16 (i) The definitions and numbers of faculty members employed 17 full time, of faculty members employed part time, of full-time 18 students enrolled in graduate courses, of full-time students 19 enrolled in undergraduate courses, of part-time students 20 enrolled in graduate courses and of part-time students enrolled 21 in undergraduate courses. 22 (ii) The total numbers of undergraduate student credit 23 hours, divided into lower division and upper division course 24 levels, and of graduate student credit hours, divided into three 25 course levels--master's, first professional and doctoral. 26 (iii) The number of different courses scheduled by level of 27 instruction and the number of sections of individual instruction 28 scheduled by level of instruction, each further subdivided by 29 two-digit Classification of Instructional Program (CIP) 30 categories of instructional programs of higher education as 19950H1817B2309 - 4 -
1 defined by the National Center for Education Statistics, United 2 States Department of Education. 3 (iv) The number of terms scheduled and the dates thereof. 4 (2) For the summer term and the following academic year in 5 total and for each two-digit CIP program category, a 6 classification of faculty members or other professional 7 employees by title, including: professor, associate professor, 8 assistant professor, instructor, lecturer, research associate, 9 librarian and academic administrator; faculty members or other 10 professional employees under each title to be subdivided by type 11 of assignment: teaching and nonteaching; and each such set of 12 faculty members or other professional employees to be further 13 subdivided by type of employment: full-time or part-time; and 14 the following aggregates for each such subdivided 15 classification: 16 (i) The number of faculty and other professional employees 17 and their full-time equivalence in instructional and 18 noninstructional functions. 19 (ii) The sum of credits assigned to undergraduate classroom 20 courses and the sum of credits assigned to graduate classroom 21 courses taught, divided into lower division, upper division, 22 master's, first professional and doctoral course levels. 23 (iii) The sum of credits assigned to undergraduate 24 individual instruction courses and the sum of credits assigned 25 to graduate individual instruction courses taught, divided into 26 lower division, upper division, master's, first professional and 27 doctoral course levels. 28 (iv) The sum of undergraduate classroom student credit hours 29 and the sum of graduate classroom student credit hours 30 generated, divided into lower division, upper division, 19950H1817B2309 - 5 -
1 master's, first professional and doctoral course levels. 2 (v) The sum of undergraduate individual instruction student 3 credit hours and the sum of graduate individual instruction 4 student credit hours generated, divided into lower division, 5 upper division, master's, first professional and doctoral course 6 levels. 7 (vi) The total salary paid for instructional functions and 8 for noninstructional functions and the amount of this salary 9 paid for each of these functions from university funds, Federal 10 funds and other funds. 11 (3) For each term of the period covered for each faculty 12 member employed full time identified by two-digit CIP program 13 category and title, the report shall contain an analysis of the 14 average hours per week spent in university-related activities, 15 stating specifically hours spent in undergraduate classroom 16 contact and graduate classroom contact, hours spent in 17 preparation, hours spent in research and hours spent in public 18 service. 19 Section 8. In addition to the requirements in section 7 20 relative to this appropriation, the report covering the 12-month 21 period beginning with the summer term 1995 shall include for all 22 programs of the university: 23 (1) Minimum number of credits required for a baccalaureate 24 degree and for a master's degree. 25 (2) Number of bachelor's degrees, master's degrees, first 26 professional degrees and doctoral degrees awarded in 1991, 1992, 27 1993, 1994, 1995 and estimated 1996. 28 Section 9. (a) The following words and phrases when used in 29 this section shall have the meanings given to them in this 30 subsection unless the context clearly indicates otherwise: 19950H1817B2309 - 6 -
1 "Academic and administrative support units." Any 2 organizational entity, as defined in the organizational manual 3 of the university, that reports directly to the president of the 4 university, chief academic officer or vice president, including 5 the office of the president, chief academic officer and vice 6 president. 7 "Expenditures." Disbursements of State appropriations, 8 tuition and fees supporting educational and general categories 9 as defined in the Higher Education Finance Manual, Department of 10 Health, Education and Welfare, 1975, or disbursement, supported 11 by State appropriations, tuition or fees, to support a defined 12 project or program under subsection (b)(3). 13 "Revenue." All State appropriations and tuition and fees. 14 (b) The Pennsylvania State University shall disclose the 15 following: 16 (1) Revenue and expenditure budgets of the university's 17 academic and administrative support units for the current fiscal 18 year. 19 (2) The actual revenue and expenditures for the prior year 20 in the same format as the information reported under paragraph 21 (1). 22 (3) For any defined project or program which is the subject 23 of a specific line item appropriation from the General Fund, the 24 university shall disclose the following: 25 (i) Revenue and expenditure budgets of the defined program 26 or project for the current fiscal year. 27 (ii) The actual revenue and expenditures of the defined 28 program or project for the prior year in the same format as the 29 information reported under paragraph (1). 30 (4) The revenue and expenditures of any auxiliary enterprise 19950H1817B2309 - 7 -
1 which is directly funded in whole or in part by tuition or a 2 State appropriation for the current fiscal year. 3 (c) The university shall provide the following additional 4 information for the prior fiscal year for each academic or 5 administrative support unit, for each defined project or program 6 and for any auxiliary enterprise: 7 (1) The number of employees by academic rank and by 8 classification the number of administrators, staff, clerical and 9 technical service employees. 10 (2) Median and mean salary by academic rank and by 11 classification the median and mean salaries of administrators, 12 staff, clerical and technical service employees. 13 (3) Nonsalary compensation as a percentage of salary. 14 Nonsalary compensation shall include, but not be limited to, 15 medical benefits, life insurance benefits, pension benefits, 16 leave benefits, employer Social Security payments and workers' 17 compensation benefits. 18 (4) A statement of the university's retirement policies. 19 (5) A policy statement relating to a reduction of tuition 20 for employees' family members. 21 (6) A list of purchase of service contracts which exceed 22 $1,000 by category of service, including, but not limited to, 23 legal, instructional, management, accounting, architecture, 24 public relations and maintenance. The list shall contain the 25 name and address of the contractor, a statement of the nature of 26 the duties of the contractor and the academic and administrative 27 support unit for which the duties are performed. If a purchase 28 of service contract exceeds 10% of the total aggregate 29 expenditure of the contract category per academic or 30 administrative support unit, then the contracted amount shall 19950H1817B2309 - 8 -
1 also be listed. 2 (7) A list of purchase of goods contracts which exceed 3 $1,000. The list shall contain the name and address of the 4 contractor and a list of the goods purchased and the academic or 5 administrative support unit for which such goods were 6 contracted. If a purchase of goods contract exceeds 10% of the 7 total aggregate expenditure per academic or administrative 8 support unit, then the contracted amount shall also be listed. 9 (8) A list by academic or administrative support unit in the 10 aggregate, of the expenses of travel, subsistence and lodging, 11 whether provided or reimbursed. 12 (d) The university shall submit a report of the information 13 under subsections (b) and (c) to the Education Committee of the 14 Senate and the Appropriations Committee of the Senate and the 15 Education Committee of the House of Representatives and the 16 Appropriations Committee of the House of Representatives. In 17 addition, the university shall submit a copy of the report to 18 each of the following: 19 (1) Governor's Office. 20 (2) Secretary of Education. 21 (3) State Treasurer. 22 (4) Auditor General. 23 (5) Joint State Government Commission. 24 Each such institution shall maintain a copy of the report in the 25 institution's library and shall submit a copy to each of the 26 four State regional library resource centers. 27 (e) A university's report required to be submitted under 28 this section shall be submitted within 180 days of the close of 29 the university's current fiscal year. 30 (f) The Joint State Government Commission shall develop a 19950H1817B2309 - 9 -
1 statistical comparison analysis recognizing differences in 2 missions from the reports made under this section. A majority of 3 the members of the commission may request additional 4 documentation, except for salary or identity of individuals, 5 necessary to complete the comparative analysis. The comparison 6 shall be provided to the Education Committee of the Senate and 7 the Appropriations Committee of the Senate and the Education 8 Committee of the House of Representatives and the Appropriations 9 Committee of the House of Representatives and the four State 10 regional libraries. 11 (g) The university shall make a copy of the minutes of each 12 public meeting of the institution's board of trustees, as well 13 as a copy of the institution's integrated postsecondary 14 education data systems report, available for public inspection 15 in the institution's library. 16 Section 10. The Pennsylvania State University shall provide 17 full, complete and accurate information as may be required by 18 the Department of Education or the chairman or the minority 19 chairman of the Appropriations Committee of the Senate or the 20 chairman or the minority chairman of the Appropriations 21 Committee of the House of Representatives. 22 Section 11. The Pennsylvania State University shall report 23 its revenues and expenditures and present its financial 24 statements required under the provisions of this act in 25 accordance with generally accepted accounting principles and 26 procedures for educational institutions as set forth in the 27 "Higher Education Finance Manual, United States Department of 28 Health, Education and Welfare (1975)" and the "Commonwealth of 29 Pennsylvania Budget Instructions for the State System of Higher 30 Education, State-Related Universities and Non-State-Related 19950H1817B2309 - 10 -
1 Colleges and Universities." 2 Section 12. This act shall take effect July 1, 1995, or 3 immediately, whichever is later. F9L84RZ/19950H1817B2309 - 11 -