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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 1091                      PRINTER'S NO. 1758

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 983 Session of 1999


        INTRODUCED BY BARLEY, MARCH 22, 1999

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, MAY 10, 1999

                                  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, 1999,
    19  to June 30, 2000, for the purposes and in the amounts as shown:

     1     (1)  For educational and general expenses......  $234,727,000  <--
     2     (1)  FOR EDUCATIONAL AND GENERAL EXPENSES......  $235,872,000  <--
     3     (2)  For medical education.....................     4,778,000
     4     (3)  For children's hospital...................     5,029,000
     5     (4)  For the Central Pennsylvania Psychiatric
     6  Institute.........................................     1,957,000
     7     (5)  For the cost of agricultural research.....    22,104,000  <--
     8     (5)  FOR THE COST OF AGRICULTURAL RESEARCH.....    22,212,000  <--
     9     (6)  For the cost of agricultural extension
    10  services..........................................    23,858,000  <--
    11  SERVICES..........................................    26,108,000  <--
    12     (7)  To enhance the recruitment and retention
    13     of disadvantaged students......................       346,000
    14     (8)  FOR WORK FORCE DEVELOPMENT AND TECHNOLOGY                 <--
    15  TRANSFER..........................................     2,250,000
    16     (8) (9)  For the Pennsylvania College of                       <--
    17  Technology........................................    12,192,000  <--
    18  TECHNOLOGY........................................    12,252,000  <--
    19     (9) (10)  For debt service related to the                      <--
    20  former Williamsport Area Community College........     1,530,000
    21     (11)  FOR CAPITAL CAMPUS IMPROVEMENTS..........     1,800,000  <--
    22     Section 2.  Payments to The Pennsylvania State University on
    23  account of the appropriations for all items as provided in
    24  section 1 shall be made on the basis of costs during the fiscal
    25  year.
    26     Section 3.  If necessary, The Pennsylvania State University
    27  may transfer funds among the appropriations listed in section
    28  1(1), (3) and (4), provided that the aggregate amount
    29  transferred into or out of each appropriation during the fiscal
    30  year shall not exceed 5% of the amount specifically appropriated
    19990H0983B1758                  - 2 -

     1  for that purpose.
     2     Section 4.  (a)  Payments to The Pennsylvania State
     3  University of the appropriations provided in section 1 shall be
     4  made monthly during the fiscal year.
     5     (b)  Such monthly payments shall be made in accordance with
     6  the provisions of section 2 on the basis of estimated costs. The
     7  estimate of costs shall be submitted by The Pennsylvania State
     8  University to the Secretary of Education, the General Assembly
     9  and the State Treasurer not later than 30 days prior to the date
    10  on which such payment is to be made.
    11     Section 5.  Notwithstanding any provision of the General       <--
    12  Appropriation Act of 1999 relating to the payment of retirement
    13  expenses, the Trustees of The Pennsylvania State University
    14  shall make all required payments to the State Employees'
    15  Retirement Fund from the funds appropriated pursuant to this
    16  act.
    17     Section 6 5.  (a)  The Pennsylvania State University shall     <--
    18  apply the moneys appropriated by this act only for such purposes
    19  as are permitted in this act and shall at all times maintain
    20  proper records showing the application of such moneys. Not later
    21  than 120 days after the close of the fiscal year to which this
    22  act relates, The Pennsylvania State University shall file, with
    23  the Secretary of Education, the General Assembly and the Auditor
    24  General of the Commonwealth, a statement setting forth the
    25  amounts and purposes of all expenditures made from moneys
    26  appropriated by this act and other university accounts during
    27  said fiscal year, as provided in section 2, used as a basis for
    28  receipt of any appropriation during said fiscal year.
    29     (b)  Such statement of expenditures and costs shall be
    30  reviewed by the Auditor General of the Commonwealth, and he
    19990H0983B1758                  - 3 -

     1  shall have the right, in respect to the moneys appropriated by
     2  this act, to audit and disallow expenditures made for purposes
     3  not permitted by this act and to cause such sums to be recovered
     4  and paid by The Pennsylvania State University to the State
     5  Treasurer. In respect to expenditures made by the university
     6  from moneys other than those appropriated by this act, the
     7  Auditor General shall have the right to review only, and he
     8  shall file annually with the General Assembly such information
     9  concerning such expenditures as the General Assembly or any of
    10  its committees may require.
    11     Section 7 6.  A report shall be submitted to the Governor and  <--
    12  the Appropriations and Education Committees of the Senate and
    13  House of Representatives and shall include data for all programs
    14  except the Doctor of Medicine program. The report, to be
    15  submitted prior to September 1, 2000, shall cover the 12-month
    16  period beginning with the summer term 1999 and shall include:
    17     (1)  The following counts and distributions for each term
    18  during the period:
    19     (i)  The definitions and numbers of faculty members employed
    20  full time, of faculty members employed part time, of full-time
    21  students enrolled in graduate courses, of full-time students
    22  enrolled in undergraduate courses, of part-time students
    23  enrolled in graduate courses and of part-time students enrolled
    24  in undergraduate courses.
    25     (ii)  The total numbers of undergraduate student credit
    26  hours, divided into lower division and upper division course
    27  levels, and of graduate student credit hours, divided into three
    28  course levels--master's, first professional and doctoral.
    29     (iii)  The number of different courses scheduled by level of
    30  instruction and the number of sections of individual instruction
    19990H0983B1758                  - 4 -

     1  scheduled by level of instruction, each further subdivided by
     2  two-digit Classification of Instructional Program (CIP)
     3  categories of instructional programs of higher education as
     4  defined by the National Center for Education Statistics, United
     5  States Department of Education.
     6     (iv)  The number of terms scheduled and the dates thereof.
     7     (2)  For the summer term and the following academic year in
     8  total and for each two-digit CIP program category, a
     9  classification of faculty members or other professional
    10  employees by title, including: professor, associate professor,
    11  assistant professor, instructor, lecturer, research associate,
    12  librarian and academic administrator; faculty members or other
    13  professional employees under each title to be subdivided by type
    14  of assignment: teaching and nonteaching; and each such set of
    15  faculty members or other professional employees to be further
    16  subdivided by type of employment: full-time or part-time; and
    17  the following aggregates for each such subdivided
    18  classification:
    19     (i)  The number of faculty and other professional employees
    20  and their full-time equivalence in instructional and
    21  noninstructional functions.
    22     (ii)  The sum of credits assigned to undergraduate classroom
    23  courses and the sum of credits assigned to graduate classroom
    24  courses taught, divided into lower division, upper division,
    25  master's, first professional and doctoral course levels.
    26     (iii)  The sum of credits assigned to undergraduate
    27  individual instruction courses and the sum of credits assigned
    28  to graduate individual instruction courses taught, divided into
    29  lower division, upper division, master's, first professional and
    30  doctoral course levels.
    19990H0983B1758                  - 5 -

     1     (iv)  The sum of undergraduate classroom student credit hours
     2  and the sum of graduate classroom student credit hours
     3  generated, divided into lower division, upper division,
     4  master's, first professional and doctoral course levels.
     5     (v)  The sum of undergraduate individual instruction student
     6  credit hours and the sum of graduate individual instruction
     7  student credit hours generated, divided into lower division,
     8  upper division, master's, first professional and doctoral course
     9  levels.
    10     (vi)  The total salary paid for instructional functions and
    11  for noninstructional functions and the amount of this salary
    12  paid for each of these functions from university funds, Federal
    13  funds and other funds.
    14     (3)  For each term of the period covered for each faculty
    15  member employed full time identified by two-digit CIP program
    16  category and title, the report shall contain an analysis of the
    17  average hours per week spent in university-related activities,
    18  stating specifically hours spent in undergraduate classroom
    19  contact and graduate classroom contact, hours spent in
    20  preparation, hours spent in research and hours spent in public
    21  service.
    22     Section 8 7.  In addition to the requirements in section 7 6   <--
    23  relative to this appropriation, the report covering the 12-month
    24  period beginning with the summer term 1999 shall include for all
    25  programs of the university:
    26     (1)  Minimum number of credits required for a baccalaureate
    27  degree and for a master's degree.
    28     (2)  Number of bachelor's degrees, master's degrees, first
    29  professional degrees and doctoral degrees awarded in 1995, 1996,
    30  1997, 1998, 1999 and estimated 2000.
    19990H0983B1758                  - 6 -

     1     Section 9 8.  (a)  The following words and phrases when used   <--
     2  in this section shall have the meanings given to them in this
     3  subsection unless the context clearly indicates otherwise:
     4     "Academic and administrative support units."  Any
     5  organizational entity, as defined in the organizational manual
     6  of the university, that reports directly to the president of the
     7  university, chief academic officer or vice president, including
     8  the office of the president, chief academic officer and vice
     9  president.
    10     "Expenditures."  Disbursements of State appropriations,
    11  tuition and fees supporting educational and general categories
    12  as defined in the Higher Education Finance Manual, Department of
    13  Health, Education and Welfare, 1975, or disbursement, supported
    14  by State appropriations, tuition or fees, to support a defined
    15  project or program under subsection (b)(3).
    16     "Revenue."  All State appropriations and tuition and fees.
    17     (b)  The Pennsylvania State University shall disclose the
    18  following:
    19     (1)  Revenue and expenditure budgets of the university's
    20  academic and administrative support units for the current fiscal
    21  year.
    22     (2)  The actual revenue and expenditures for the prior year
    23  in the same format as the information reported under paragraph
    24  (1).
    25     (3)  For any defined project or program which is the subject
    26  of a specific line item appropriation from the General Fund, the
    27  university shall disclose the following:
    28     (i)  Revenue and expenditure budgets of the defined program
    29  or project for the current fiscal year.
    30     (ii)  The actual revenue and expenditures of the defined
    19990H0983B1758                  - 7 -

     1  program or project for the prior year in the same format as the
     2  information reported under paragraph (1).
     3     (4)  The revenue and expenditures of any auxiliary enterprise
     4  which is directly funded in whole or in part by tuition or a
     5  State appropriation for the current fiscal year.
     6     (c)  The university shall provide the following additional
     7  information for the prior fiscal year for each academic or
     8  administrative support unit, for each defined project or program
     9  and for any auxiliary enterprise:
    10     (1)  The number of employees by academic rank and by
    11  classification the number of administrators, staff, clerical and
    12  technical service employees.
    13     (2)  Median and mean salary by academic rank and by
    14  classification the median and mean salaries of administrators,
    15  staff, clerical and technical service employees.
    16     (3)  Nonsalary compensation as a percentage of salary.
    17  Nonsalary compensation shall include, but not be limited to,
    18  medical benefits, life insurance benefits, pension benefits,
    19  leave benefits, employer Social Security payments and workers'
    20  compensation benefits.
    21     (4)  A statement of the university's retirement policies.
    22     (5)  A policy statement relating to a reduction of tuition
    23  for employees' family members.
    24     (6)  A list of purchase of service contracts which exceed
    25  $1,000 by category of service, including, but not limited to,
    26  legal, instructional, management, accounting, architecture,
    27  public relations and maintenance. The list shall contain the
    28  name and address of the contractor, a statement of the nature of
    29  the duties of the contractor and the academic and administrative
    30  support unit for which the duties are performed. If a purchase
    19990H0983B1758                  - 8 -

     1  of service contract exceeds 10% of the total aggregate
     2  expenditure of the contract category per academic or
     3  administrative support unit, then the contracted amount shall
     4  also be listed.
     5     (7)  A list of purchase of goods contracts which exceed
     6  $1,000. The list shall contain the name and address of the
     7  contractor and a list of the goods purchased and the academic or
     8  administrative support unit for which such goods were
     9  contracted. If a purchase of goods contract exceeds 10% of the
    10  total aggregate expenditure per academic or administrative
    11  support unit, then the contracted amount shall also be listed.
    12     (8)  A list by academic or administrative support unit in the
    13  aggregate, of the expenses of travel, subsistence and lodging,
    14  whether provided or reimbursed.
    15     (d)  The university shall submit a report of the information
    16  under subsections (b) and (c) to the Education Committee of the
    17  Senate and the Appropriations Committee of the Senate and the
    18  Education Committee of the House of Representatives and the
    19  Appropriations Committee of the House of Representatives. In
    20  addition, the university shall submit a copy of the report to
    21  each of the following:
    22     (1)  Governor's Office.
    23     (2)  Secretary of Education.
    24     (3)  State Treasurer.
    25     (4)  Auditor General.
    26     (5)  Joint State Government Commission.
    27  Each such institution shall maintain a copy of the report in the
    28  institution's library and shall submit a copy to each of the
    29  four State regional library resource centers.
    30     (e)  A university's report required to be submitted under
    19990H0983B1758                  - 9 -

     1  this section shall be submitted within 180 days of the close of
     2  the university's current fiscal year.
     3     (f)  The Joint State Government Commission shall develop a
     4  statistical comparison analysis recognizing differences in
     5  missions from the reports made under this section. A majority of
     6  the members of the commission may request additional
     7  documentation, except for salary or identity of individuals,
     8  necessary to complete the comparative analysis. The comparison
     9  shall be provided to the Education Committee of the Senate and
    10  the Appropriations Committee of the Senate and the Education
    11  Committee of the House of Representatives and the Appropriations
    12  Committee of the House of Representatives and the four State
    13  regional libraries.
    14     (g)  The university shall make a copy of the minutes of each
    15  public meeting of the institution's board of trustees, as well
    16  as a copy of the institution's integrated postsecondary
    17  education data systems report, available for public inspection
    18  in the institution's library.
    19     Section 10 9.  The Pennsylvania State University shall         <--
    20  provide full, complete and accurate information as may be
    21  required by the Department of Education or the chairman or the
    22  minority chairman of the Appropriations Committee of the Senate
    23  or the chairman or the minority chairman of the Appropriations
    24  Committee of the House of Representatives.
    25     Section 11 10.  The Pennsylvania State University shall        <--
    26  report its revenues and expenditures and present its financial
    27  statements required under the provisions of this act in
    28  accordance with generally accepted accounting principles and
    29  procedures for educational institutions as set forth in the
    30  "Higher Education Finance Manual, United States Department of
    19990H0983B1758                 - 10 -

     1  Health, Education and Welfare (1975)" and the "Commonwealth of
     2  Pennsylvania Budget Instructions for the State System of Higher
     3  Education, State-Related Universities and Non-State-Related
     4  Colleges and Universities."
     5     Section 12 11.  This act shall take effect July 1, 1999, or    <--
     6  immediately, whichever is later.
















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