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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 3082                     PRINTER'S NO.  3394

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2359 Session of 1998


        INTRODUCED BY BARLEY, MARCH 11, 1998

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
        AMENDED, APRIL 20, 1998

                                  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 and for certain fiscal
    19     information disclosure.

    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22     Section 1.  The following sums, or as much thereof as may be
    23  necessary, are hereby appropriated to the Trustees of the
    24  University of Pittsburgh for the fiscal year July 1, 1998, to
    25  June 30, 1999, for the purposes and in the amounts as shown:

     1     (1)  For educational and general expenses......  $140,798,000
     2     (2)  For instruction - Doctor of Medicine only.     6,571,000
     3     (3)  For operation of dental clinics in the
     4  school of dentistry...............................     1,085,000
     5     (4)  To enhance the recruitment and retention
     6  of disadvantaged students.........................       338,000
     7     (5)  For general maintenance and operation of
     8  the Western Psychiatric Institute and Clinic......     8,102,000
     9     (6)  For the teen suicide center at the Western
    10  Psychiatric Institute and Clinic..................       523,000
    11     (7)  For the Graduate School of Public Health..       263,000
    12     (8)  For rural education outreach..............       480,000  <--
    13     (8)  FOR RURAL EDUCATION OUTREACH..............       525,000  <--
    14     Section 2.  Payments to the University of Pittsburgh on
    15  account of the appropriations for all items as provided in
    16  section 1 shall be made on the basis of costs during the fiscal
    17  year.
    18     Section 3.  If necessary, the University of Pittsburgh may
    19  transfer funds between the appropriations listed in section 1(1)
    20  and (2), provided that the aggregate amount transferred into or
    21  out of each appropriation during the fiscal year shall not
    22  exceed 5% of the amount specifically appropriated for that
    23  purpose.
    24     Section 4.  (a)  Payments to the University of Pittsburgh of
    25  the appropriations provided in section 1 shall be made monthly
    26  during the fiscal year.
    27     (b)  Such monthly payments shall be made in accordance with
    28  the provisions of section 2 on the basis of estimated costs. The
    29  estimate of costs shall be submitted by the University of
    30  Pittsburgh to the Secretary of Education, the General Assembly
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     1  and the State Treasurer not later than 30 days prior to the date
     2  on which such payment is to be made.
     3     Section 5.  (a)  The University of Pittsburgh shall apply the
     4  moneys appropriated by this act only for such purposes as are
     5  permitted in this act and shall at all times maintain proper
     6  records showing the application of such moneys. Not later than
     7  120 days after the close of the fiscal year to which this act
     8  relates, the University of Pittsburgh shall file, with the
     9  Secretary of Education, the General Assembly, the Auditor
    10  General of the Commonwealth and the chief administrator of each
    11  branch campus, a statement setting forth the amounts and
    12  purposes of all expenditures made from moneys appropriated by
    13  this act and other university accounts during said fiscal year,
    14  as provided in section 2, used as a basis for receipt of any
    15  appropriation during said fiscal year.
    16     (b)  Such statement of expenditures and costs shall be
    17  reviewed by the Auditor General of the Commonwealth, and he
    18  shall have the right, in respect to the moneys appropriated by
    19  this act, to audit and disallow expenditures made for purposes
    20  not permitted by this act and to cause such sums to be recovered
    21  and paid by the University of Pittsburgh to the State Treasurer.
    22  In respect to expenditures made by the university from moneys
    23  other than those appropriated by this act, the Auditor General
    24  shall have the right to review only, and he shall file annually
    25  with the General Assembly such information concerning such
    26  expenditures as the General Assembly or any of its committees
    27  may require.
    28     Section 6.  A report shall be submitted to the Governor and
    29  the Appropriations and Education Committees of the Senate and
    30  House of Representatives and shall include data for all
    19980H2359B3394                  - 3 -

     1  programs, except for the Doctor of Medicine program. The report,
     2  to be submitted prior to September 1, 1999, shall cover the 12-
     3  month period beginning with the summer term 1998 and shall
     4  include:
     5     (1)  The following counts and distributions for each term
     6  during the period:
     7     (i)  The definitions and numbers of faculty members employed
     8  full time, of faculty members employed part time, of full-time
     9  students enrolled in graduate courses, of full-time students
    10  enrolled in undergraduate courses, of part-time students
    11  enrolled in graduate courses and of part-time students enrolled
    12  in undergraduate courses.
    13     (ii)  The total numbers of undergraduate student credit
    14  hours, divided into lower division and upper division course
    15  levels, and of graduate student credit hours, divided into three
    16  course levels--master's, first professional and doctoral.
    17     (iii)  The number of different courses scheduled by level of
    18  instruction and the number of sections of individual instruction
    19  scheduled by level of instruction, each further subdivided by
    20  two-digit Classification of Instructional Program (CIP)
    21  categories of instructional programs of higher education as
    22  defined by the National Center for Education Statistics, United
    23  States Department of Education.
    24     (iv)  The number of terms scheduled and the dates thereof.
    25     (2)  For the summer term and the following academic year in
    26  total and for each two-digit CIP program category, a
    27  classification of faculty members or other professional
    28  employees by title, including: professor, associate professor,
    29  assistant professor, instructor, lecturer, research associate,
    30  librarian and academic administrator; faculty members or other
    19980H2359B3394                  - 4 -

     1  professional employees under each title to be subdivided by type
     2  of assignment: teaching and nonteaching; and each such set of
     3  faculty members or other professional employees to be further
     4  subdivided by type of employment: full-time or part-time; and
     5  the following aggregates for each such subdivided
     6  classification:
     7     (i)  The number of faculty and other professional employees
     8  and their full-time equivalence in instructional and
     9  noninstructional functions.
    10     (ii)  The sum of credits assigned to undergraduate classroom
    11  courses and the sum of credits assigned to graduate classroom
    12  courses taught, divided into lower division, upper division,
    13  master's, first professional and doctoral course levels.
    14     (iii)  The sum of credits assigned to undergraduate
    15  individual instruction courses and the sum of credits assigned
    16  to graduate individual instruction courses taught, divided into
    17  lower division, upper division, master's, first professional and
    18  doctoral course levels.
    19     (iv)  The sum of undergraduate classroom student credit hours
    20  and the sum of graduate classroom student credit hours
    21  generated, divided into lower division, upper division,
    22  master's, first professional and doctoral course levels.
    23     (v)  The sum of undergraduate individual instruction student
    24  credit hours and the sum of graduate individual instruction
    25  student credit hours generated, divided into lower division,
    26  upper division, master's, first professional and doctoral course
    27  levels.
    28     (vi)  The total salary paid for instructional functions and
    29  for noninstructional functions and the amount of this salary
    30  paid for each of these functions from university funds, Federal
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     1  funds and other funds.
     2     (3)  For each term of the period covered for each faculty
     3  member employed full time identified by two-digit CIP program
     4  category and title, the report shall contain an analysis of the
     5  average hours per week spent in university-related activities,
     6  stating specifically hours spent in undergraduate classroom
     7  contact and graduate classroom contact, hours spent in
     8  preparation, hours spent in research and hours spent in public
     9  service.
    10     Section 7.  In addition to the requirements in section 6
    11  relative to this appropriation, the report covering the 12-month
    12  period beginning with the summer term 1998 shall include for all
    13  programs of the university:
    14     (1)  Minimum number of credits required for a baccalaureate
    15  degree and for a master's degree.
    16     (2)  Number of bachelor's degrees, master's degrees, first
    17  professional degrees and doctoral degrees awarded in 1994, 1995,
    18  1996, 1997, 1998 and estimated 1999.
    19     Section 8.  (a)  The following words and phrases when used in
    20  this section shall have the meanings given to them in this
    21  subsection unless the context clearly indicates otherwise:
    22     "Academic and administrative support units."  Any
    23  organizational entity, as defined in the organizational manual
    24  of the university, that reports directly to the president of the
    25  university, chief academic officer or vice president, including
    26  the office of the president, chief academic officer and vice
    27  president.
    28     "Expenditures."  Disbursements of State appropriations,
    29  tuition and fees supporting educational and general categories
    30  as defined in the Higher Education Finance Manual, Department of
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     1  Health, Education and Welfare, 1975, or disbursement, supported
     2  by State appropriations, tuition or fees, to support a defined
     3  project or program under subsection (b)(3).
     4     "Revenue."  All State appropriations and tuition and fees.
     5     (b)  The University of Pittsburgh shall disclose the
     6  following:
     7     (1)  Revenue and expenditure budgets of the university's
     8  academic and administrative support units for the current fiscal
     9  year.
    10     (2)  The actual revenue and expenditures for the prior year
    11  in the same format as the information reported under paragraph
    12  (1).
    13     (3)  For any defined project or program which is the subject
    14  of a specific line item appropriation from the General Fund, the
    15  university shall disclose the following:
    16     (i)  Revenue and expenditure budgets of the defined program
    17  or project for the current fiscal year.
    18     (ii)  The actual revenue and expenditures of the defined
    19  program or project for the prior year in the same format as the
    20  information reported under paragraph (1).
    21     (4)  The revenue and expenditures of any auxiliary enterprise
    22  which is directly funded in whole or in part by tuition or a
    23  State appropriation for the current fiscal year.
    24     (c)  The university shall provide the following additional
    25  information for the prior fiscal year for each academic or
    26  administrative support unit, for each defined project or program
    27  and for any auxiliary enterprise:
    28     (1)  The number of employees by academic rank and by
    29  classification the number of administrators, staff, clerical and
    30  technical service employees.
    19980H2359B3394                  - 7 -

     1     (2)  Median and mean salary by academic rank and by
     2  classification the median and mean salaries of administrators,
     3  staff, clerical and technical service employees.
     4     (3)  Nonsalary compensation as a percentage of salary.
     5  Nonsalary compensation shall include, but not be limited to,
     6  medical benefits, life insurance benefits, pension benefits,
     7  leave benefits, employer Social Security payments and workers'
     8  compensation benefits.
     9     (4)  A statement of the university's retirement policies.
    10     (5)  A policy statement relating to a reduction of tuition
    11  for employees' family members.
    12     (6)  A list of purchase of service contracts which exceed
    13  $1,000 by category of service, including, but not limited to,
    14  legal, instructional, management, accounting, architecture,
    15  public relations and maintenance. The list shall contain the
    16  name and address of the contractor, a statement of the nature of
    17  the duties of the contractor and the academic and administrative
    18  support unit for which the duties are performed. If a purchase
    19  of service contract exceeds 10% of the total aggregate
    20  expenditure of the contract category per academic or
    21  administrative support unit, then the contracted amount shall
    22  also be listed.
    23     (7)  A list of purchase of goods contracts which exceed
    24  $1,000. The list shall contain the name and address of the
    25  contractor and a list of the goods purchased and the academic or
    26  administrative support unit for which such goods were
    27  contracted. If a purchase of goods contract exceeds 10% of the
    28  total aggregate expenditure per academic or administrative
    29  support unit, then the contracted amount shall also be listed.
    30     (8)  A list by academic or administrative support unit in the
    19980H2359B3394                  - 8 -

     1  aggregate, of the expenses of travel, subsistence and lodging,
     2  whether provided or reimbursed.
     3     (d)  The university shall submit a report of the information
     4  under subsections (b) and (c) to the Education Committee of the
     5  Senate and the Appropriations Committee of the Senate and the
     6  Education Committee of the House of Representatives and the
     7  Appropriations Committee of the House of Representatives. In
     8  addition, the university shall submit a copy of the report to
     9  each of the following:
    10     (1)  Governor's Office.
    11     (2)  Secretary of Education.
    12     (3)  State Treasurer.
    13     (4)  Auditor General.
    14     (5)  Joint State Government Commission.
    15  Each such institution shall maintain a copy of the report in the
    16  institution's library and shall submit a copy to each of the
    17  four State regional library resource centers.
    18     (e)  A university's report required to be submitted under
    19  this section shall be submitted within 180 days of the close of
    20  the university's current fiscal year.
    21     (f)  The Joint State Government Commission shall develop a
    22  statistical comparison analysis recognizing differences in
    23  missions from the reports made under this section. A majority of
    24  the members of the commission may request additional
    25  documentation, except for salary or identity of individuals,
    26  necessary to complete the comparative analysis. The comparison
    27  shall be provided to the Education Committee of the Senate and
    28  the Appropriations Committee of the Senate and the Education
    29  Committee of the House of Representatives and the Appropriations
    30  Committee of the House of Representatives and the four State
    19980H2359B3394                  - 9 -

     1  regional libraries.
     2     (g)  The university shall make a copy of the minutes of each
     3  public meeting of the institution's board of trustees, as well
     4  as a copy of the institution's integrated postsecondary
     5  education data systems report, available for public inspection
     6  in the institution's library.
     7     Section 9.  The University of Pittsburgh shall provide full,
     8  complete and accurate information as may be required by the
     9  Department of Education or the majority chairman or the minority
    10  chairman of the Appropriations Committee of the Senate or the
    11  majority chairman or the minority chairman of the Appropriations
    12  Committee of the House of Representatives.
    13     Section 10.  The University of Pittsburgh shall report its
    14  revenues and expenditures and present its financial statements
    15  required under the provisions of this act in accordance with
    16  generally accepted accounting principles and procedures for
    17  educational institutions as set forth in the "Higher Education
    18  Finance Manual, United States Department of Health, Education
    19  and Welfare (1975)" and the "Commonwealth of Pennsylvania Budget
    20  Instructions for the State System of Higher Education, State-
    21  Related Universities and Non-State-Related Colleges and
    22  Universities."
    23     Section 11.  This act shall take effect July 1, 1998, or
    24  immediately, whichever is later.




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