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                                                      PRINTER'S NO. 1092

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 984 Session of 1999


        INTRODUCED BY BARLEY, MARCH 22, 1999

        REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 22, 1999

                                  A SUPPLEMENT

     1  To the act of November 30, 1965 (P.L.843, No.355), entitled "An
     2     act providing for the establishment and operation of Temple
     3     University as an instrumentality of the Commonwealth to serve
     4     as a State-related university in the higher education system
     5     of the Commonwealth; providing for change of name; providing
     6     for the composition of the board of trustees; terms of
     7     trustees, and the power and duties of such trustees;
     8     providing for preference to Pennsylvania residents in
     9     tuition; providing for public support and capital
    10     improvements; authorizing appropriations in amounts to be
    11     fixed annually by the General Assembly; providing for the
    12     auditing of accounts of expenditures from said
    13     appropriations; authorizing the issuance of bonds exempt from
    14     taxation within the Commonwealth; requiring the President to
    15     make an annual report of the operations of Temple
    16     University," making appropriations for carrying the same into
    17     effect; providing for a basis for payments of such
    18     appropriations; and providing a method of accounting for the
    19     funds appropriated and for certain fiscal information
    20     disclosure.

    21     The General Assembly of the Commonwealth of Pennsylvania
    22  hereby enacts as follows:
    23     Section 1.  The following sums, or as much thereof as may be
    24  necessary, are hereby appropriated to the Trustees of Temple
    25  University for the fiscal year July 1, 1999, to June 30, 2000,
    26  for the purposes and in the amounts as shown:


     1     (1)  For education and general expenses........  $151,609,000
     2     (2)  For instruction - Doctor of Medicine only.     8,965,000
     3     (3)  For operation of dental clinics in the
     4  school of dentistry...............................     1,112,000
     5     (4)  To enhance the recruitment and retention
     6  of disadvantaged students.........................       346,000
     7     (5)  For maxillofacial prosthodontics..........       135,000
     8     (6)  For Podiatric Medicine....................     1,307,000
     9     Section 2.  Payments to Temple University on account of the
    10  appropriations for all items as provided in section 1 shall be
    11  made on the basis of costs during the fiscal year.
    12     Section 3.  If necessary, Temple University may transfer
    13  funds among the appropriations listed in section 1(1) and (2),
    14  provided, that the aggregate amount transferred into or out of
    15  each appropriation during the fiscal year shall not exceed 5% of
    16  the amount specifically appropriated for that purpose.
    17     Section 4.  (a)  Payment to Temple University of the
    18  appropriations provided in section 1 shall be made monthly
    19  during the fiscal year.
    20     (b)  Such monthly payments shall be made in accordance with
    21  the provisions of section 2 on the basis of estimated costs. The
    22  estimate of costs shall be submitted by Temple University to the
    23  Secretary of Education, the General Assembly and the State
    24  Treasurer not later than 30 days prior to the date on which such
    25  payment is to be made.
    26     Section 5.  (a)  Temple University shall apply the moneys
    27  appropriated by this act only for such purposes as are permitted
    28  in this act and shall at all times maintain proper records
    29  showing the application of such moneys. Not later than 120 days
    30  after the close of the fiscal year to which this act relates,
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     1  Temple University shall file, with the Secretary of Education,
     2  the General Assembly and the Auditor General of the
     3  Commonwealth, a statement setting forth the amounts and purposes
     4  of all expenditures made from moneys appropriated by this act
     5  and other university accounts during said fiscal year, as
     6  provided in section 2, used as a basis for receipt of any
     7  appropriation during said fiscal year.
     8     (b)  Such statement of expenditures and costs shall be
     9  reviewed by the Auditor General of the Commonwealth, and he
    10  shall have the right, in respect to the moneys appropriated by
    11  this act, to audit and disallow expenditures made for purposes
    12  not permitted by this act and to cause such sums to be recovered
    13  and paid by Temple University to the State Treasurer. In respect
    14  to expenditures made by the university from moneys other than
    15  those appropriated by this act, the Auditor General shall have
    16  the right to review only, and he shall file annually with the
    17  General Assembly such information concerning said expenditures
    18  as the General Assembly or any of its committees may require.
    19     Section 6.  A report shall be submitted to the Governor and
    20  the Appropriations and Education Committees of the Senate and
    21  House of Representatives and shall include data for all programs
    22  except the Doctor of Medicine program. The report, to be
    23  submitted prior to September 1, 2000, shall cover the 12-month
    24  period beginning with the summer term 1999 and shall include:
    25     (1)  The following counts and distributions for each term
    26  during the period:
    27     (i)  The definitions and numbers of faculty members employed
    28  full time, of faculty members employed part time, of full-time
    29  students enrolled in graduate courses, of full-time students
    30  enrolled in undergraduate courses, of part-time students
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     1  enrolled in graduate courses and of part-time students enrolled
     2  in undergraduate courses.
     3     (ii)  The total numbers of undergraduate student credit
     4  hours, divided into lower division and upper division course
     5  levels, and of graduate student credit hours divided into three
     6  course levels--master's, first professional and doctoral.
     7     (iii)  The number of different courses scheduled by level of
     8  instruction and the number of sections of individual instruction
     9  scheduled by level of instruction, each further subdivided by
    10  two-digit Classification of Instructional Program (CIP)
    11  categories of instructional programs of higher education as
    12  defined by the National Center for Education Statistics, United
    13  States Department of Education.
    14     (iv)  The number of terms scheduled and the dates thereof.
    15     (2)  For the summer term and the following academic year in
    16  total and for each two-digit CIP program category, a
    17  classification of faculty members or other professional
    18  employees by title, including: professor, associate professor,
    19  assistant professor, instructor, lecturer, research associate,
    20  librarian and academic administrator; faculty members or other
    21  professional employees under each title to be subdivided by type
    22  of assignment: teaching and nonteaching; and each such set of
    23  faculty members or other professional employees to be further
    24  subdivided by type of employment: full-time or part-time; and
    25  the following aggregates for each such subdivided
    26  classification:
    27     (i)  The number of faculty and other professional employees
    28  and their full-time equivalence in instructional and
    29  noninstructional functions.
    30     (ii)  The sum of credits assigned to undergraduate classroom
    19990H0984B1092                  - 4 -

     1  courses and the sum of credits assigned to graduate classroom
     2  courses taught, divided into lower division, upper division,
     3  master's, first professional and doctoral course levels.
     4     (iii)  The sum of credits assigned to undergraduate
     5  individual instruction courses and the sum of credits assigned
     6  to graduate individual instruction courses taught, divided into
     7  lower division, upper division, master's, first professional and
     8  doctoral course levels.
     9     (iv)  The sum of undergraduate classroom student credit hours
    10  and the sum of graduate classroom student credit hours
    11  generated, divided into lower division, upper division,
    12  master's, first professional and doctoral course levels.
    13     (v)  The sum of undergraduate individual instruction student
    14  credit hours and the sum of graduate individual instruction
    15  student credit hours generated, divided into lower division,
    16  upper division, master's, first professional and doctoral course
    17  levels.
    18     (vi)  The total salary paid for instructional functions and
    19  for noninstructional functions and the amount of this salary
    20  paid for each of these functions from university funds, Federal
    21  funds and other funds.
    22     (3)  For each term of the period covered for each faculty
    23  member employed full time identified by two-digit CIP program
    24  category and title, the report shall contain an analysis of the
    25  average hours per week spent in university-related activities,
    26  stating specifically hours spent in undergraduate classroom
    27  contact and graduate classroom contact, hours spent in
    28  preparation, hours spent in research and hours spent in public
    29  service.
    30     Section 7.  In addition to the requirements in section 6
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     1  relative to this appropriation, each report covering the 12-
     2  month period beginning with the summer term 1999 shall include
     3  for all programs of the university:
     4     (1)  Minimum number of credits required for a baccalaureate
     5  degree and for a master's degree.
     6     (2)  Number of bachelor's degrees, master's degrees, first
     7  professional degrees and doctoral degrees awarded in 1995, 1996,
     8  1997, 1998, 1999 and estimated 2000.
     9     Section 8.  (a)  The following words and phrases when used in
    10  this section shall have the meanings given to them in this
    11  subsection unless the context clearly indicates otherwise:
    12     "Academic and administrative support units."  Any
    13  organizational entity, as defined in the organizational manual
    14  of the university, that reports directly to the president of the
    15  university, chief academic officer or vice president, including
    16  the office of the president, chief academic officer and vice
    17  president.
    18     "Expenditures."  Disbursements of State appropriations,
    19  tuition and fees supporting educational and general categories
    20  as defined in the "Higher Education Finance Manual, Department
    21  of Health, Education and Welfare (1975)" or disbursement,
    22  supported by State appropriations, tuition or fees, to support a
    23  defined project or program under subsection (b)(3).
    24     "Revenue."  All State appropriations and tuition and fees.
    25     (b)  Temple University shall disclose the following:
    26     (1)  Revenue and expenditure budgets of the university's
    27  academic and administrative support units for the current fiscal
    28  year.
    29     (2)  The actual revenue and expenditures for the prior year
    30  in the same format as the information reported under paragraph
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     1  (1).
     2     (3)  For any defined project or program which is the subject
     3  of a specific line item appropriation from the General Fund, the
     4  university shall disclose the following:
     5     (i)  Revenue and expenditure budgets of the defined program
     6  or project for the current fiscal year.
     7     (ii)  The actual revenue and expenditures of the defined
     8  program or project for the prior year in the same format as the
     9  information reported under paragraph (1).
    10     (4)  The revenue and expenditures of any auxiliary enterprise
    11  which is directly funded in whole or in part by tuition or a
    12  State appropriation for the current fiscal year.
    13     (c)  The university shall provide the following additional
    14  information for the prior fiscal year for each academic or
    15  administrative support unit, for each defined project or program
    16  and for any auxiliary enterprise:
    17     (1)  The number of employees by academic rank and by
    18  classification the number of administrators, staff, clerical and
    19  technical service employees.
    20     (2)  Median and mean salary by academic rank and by
    21  classification the median and mean salaries of administrators,
    22  staff, clerical and technical service employees.
    23     (3)  Nonsalary compensation as a percentage of salary.
    24  Nonsalary compensation shall include, but not be limited to,
    25  medical benefits, life insurance benefits, pension benefits,
    26  leave benefits, employer Social Security payments and workers'
    27  compensation benefits.
    28     (4)  A statement of the university's retirement policies.
    29     (5)  A policy statement relating to a reduction of tuition
    30  for employees' family members.
    19990H0984B1092                  - 7 -

     1     (6)  A list of purchase of service contracts which exceed
     2  $1,000 by category of service, including, but not limited to,
     3  legal, instructional, management, accounting, architecture,
     4  public relations and maintenance. The list shall contain the
     5  name and address of the contractor, a statement of the nature of
     6  the duties of the contractor and the academic and administrative
     7  support unit for which the duties are performed. If a purchase
     8  of service contract exceeds 10% of the total aggregate
     9  expenditure of the contract category per academic or
    10  administrative support unit, then the contracted amount shall
    11  also be listed.
    12     (7)  A list of purchase of goods contracts which exceed
    13  $1,000. The list shall contain the name and address of the
    14  contractor and a list of the goods purchased and the academic or
    15  administrative support unit for which such goods were
    16  contracted. If a purchase of goods contract exceeds 10% of the
    17  total aggregate expenditure per academic or administrative
    18  support unit, then the contracted amount shall also be listed.
    19     (8)  A list by academic or administrative support unit in the
    20  aggregate, of the expenses of travel, subsistence and lodging,
    21  whether provided or reimbursed.
    22     (d)  The university shall submit a report of the information
    23  under subsections (b) and (c) to the Education Committee of the
    24  Senate and the Appropriations Committee of the Senate and the
    25  Education Committee of the House of Representatives and the
    26  Appropriations Committee of the House of Representatives. In
    27  addition, the university shall submit a copy of the report to
    28  each of the following:
    29     (1)  Governor's Office.
    30     (2)  Secretary of Education.
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     1     (3)  State Treasurer.
     2     (4)  Auditor General.
     3     (5)  Joint State Government Commission.
     4  Each such institution shall maintain a copy of the report in the
     5  institution's library and shall submit a copy to each of the
     6  four State regional library resource centers.
     7     (e)  A university's report required to be submitted under
     8  this section shall be submitted within 180 days of the close of
     9  the university's current fiscal year.
    10     (f)  The Joint State Government Commission shall develop a
    11  statistical comparison analysis recognizing differences in
    12  missions from the reports made under this section. A majority of
    13  the members of the commission may request additional
    14  documentation, except for salary or identity of individuals,
    15  necessary to complete the comparative analysis. The comparison
    16  shall be provided to the Education Committee of the Senate and
    17  the Appropriations Committee of the Senate and the Education
    18  Committee of the House of Representatives and the Appropriations
    19  Committee of the House of Representatives and the four State
    20  regional libraries.
    21     (g)  The university shall make a copy of the minutes of each
    22  public meeting of the institution's board of trustees, as well
    23  as a copy of the institution's integrated postsecondary
    24  education data systems report, available for public inspection
    25  in the institution's library.
    26     Section 9.  Temple University shall provide full, complete
    27  and accurate information as may be required by the Department of
    28  Education or the majority chairman or the minority chairman of
    29  the Appropriations Committee of the Senate or the majority
    30  chairman or the minority chairman of the Appropriations
    19990H0984B1092                  - 9 -

     1  Committee of the House of Representatives.
     2     Section 10.  Temple University shall report its revenues and
     3  expenditures and present its financial statements required under
     4  the provisions of this act in accordance with generally accepted
     5  accounting principles and procedures for educational
     6  institutions as set forth in the "Higher Education Finance
     7  Manual, United States Department of Health, Education and
     8  Welfare (1975)" and the "Commonwealth of Pennsylvania Budget
     9  Instructions for the State System of Higher Education, State-
    10  Related Universities and Non-State-Related Colleges and
    11  Universities."
    12     Section 11.  This act shall take effect July 1, 1999, or
    13  immediately, whichever is later.












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