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                                                      PRINTER'S NO. 1761

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1360 Session of 2000


        INTRODUCED BY CORMAN, TILGHMAN, CONTI, THOMPSON, WENGER, BELL,
           GERLACH, HOLL AND PUNT, MARCH 17, 2000

        REFERRED TO APPROPRIATIONS, MARCH 17, 2000

                                  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, 2000,
    19  to June 30, 2001, for the purposes and in the amounts as shown:
    20     (1)  For educational and general expenses......  $242,920,000

     1     (2)  For medical education.....................     4,897,000
     2     (3)  For children's hospital...................     5,155,000
     3     (4)  For the Central Pennsylvania Psychiatric
     4  Institute.........................................     2,006,000
     5     (5)  For the cost of agricultural research.....    22,767,000
     6     (6)  For the cost of agricultural extension
     7  services..........................................    26,761,000
     8     (7)  To enhance the recruitment and retention
     9  of disadvantaged students.........................       355,000
    10     (8)  For the Pennsylvania College of
    11  Technology........................................    12,558,000
    12     (9)  For debt service related to the former
    13  Williamsport Area Community College...............     1,530,000
    14     (10)  For program initiatives..................     3,000,000
    15     Section 2.  Payments to The Pennsylvania State University on
    16  account of the appropriations for all items as provided in
    17  section 1 shall be made on the basis of costs during the fiscal
    18  year.
    19     Section 3.  If necessary, The Pennsylvania State University
    20  may transfer funds among the appropriations listed in section
    21  1(1), (3) and (4), provided that the aggregate amount
    22  transferred into or out of each appropriation during the fiscal
    23  year shall not exceed 5% of the amount specifically appropriated
    24  for that purpose.
    25     Section 4.  (a)  Payments to The Pennsylvania State
    26  University of the appropriations provided in section 1 shall be
    27  made monthly during the fiscal year.
    28     (b)  Such monthly payments shall be made in accordance with
    29  the provisions of section 2 on the basis of estimated costs. The
    30  estimate of costs shall be submitted by The Pennsylvania State
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     1  University to the Secretary of Education, the General Assembly
     2  and the State Treasurer not later than 30 days prior to the date
     3  on which such payment is to be made.
     4     (c)  Payments to The Pennsylvania State University provided
     5  in section 1(10) are contingent on the university making all
     6  articulation agreements with other higher education institutions
     7  available on the Internet.
     8     Section 5.  (a)  The Pennsylvania State University shall
     9  apply the moneys appropriated by this act only for such purposes
    10  as are permitted in this act and shall at all times maintain
    11  proper records showing the application of such moneys. Not later
    12  than 120 days after the close of the fiscal year to which this
    13  act relates, The Pennsylvania State University shall file, with
    14  the Secretary of Education, the General Assembly and the Auditor
    15  General of the Commonwealth, a statement setting forth the
    16  amounts and purposes of all expenditures made from moneys
    17  appropriated by this act and other university accounts during
    18  said fiscal year, as provided in section 2, used as a basis for
    19  receipt of any appropriation during said fiscal year.
    20     (b)  Such statement of expenditures and costs shall be
    21  reviewed by the Auditor General of the Commonwealth, and he
    22  shall have the right, in respect to the moneys appropriated by
    23  this act, to audit and disallow expenditures made for purposes
    24  not permitted by this act and to cause such sums to be recovered
    25  and paid by The Pennsylvania State University to the State
    26  Treasurer. In respect to expenditures made by the university
    27  from moneys other than those appropriated by this act, the
    28  Auditor General shall have the right to review only, and he
    29  shall file annually with the General Assembly such information
    30  concerning such expenditures as the General Assembly or any of
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     1  its committees may require.
     2     Section 6.  A report shall be submitted to the Governor and
     3  the Appropriations and Education Committees of the Senate and
     4  House of Representatives and shall include data for all programs
     5  except the Doctor of Medicine program. The report, to be
     6  submitted prior to September 1, 2001, shall cover the 12-month
     7  period beginning with the summer term 2000 and shall include:
     8     (1)  The following counts and distributions for each term
     9  during the period:
    10     (i)  The definitions and numbers of faculty members employed
    11  full time, of faculty members employed part time, of full-time
    12  students enrolled in graduate courses, of full-time students
    13  enrolled in undergraduate courses, of part-time students
    14  enrolled in graduate courses and of part-time students enrolled
    15  in undergraduate courses.
    16     (ii)  The total numbers of undergraduate student credit
    17  hours, divided into lower division and upper division course
    18  levels, and of graduate student credit hours, divided into three
    19  course levels--master's, first professional and doctoral.
    20     (iii)  The number of different courses scheduled by level of
    21  instruction and the number of sections of individual instruction
    22  scheduled by level of instruction, each further subdivided by
    23  two-digit Classification of Instructional Program (CIP)
    24  categories of instructional programs of higher education as
    25  defined by the National Center for Education Statistics, United
    26  States Department of Education.
    27     (iv)  The number of terms scheduled and the dates thereof.
    28     (2)  For the summer term and the following academic year in
    29  total and for each two-digit CIP program category, a
    30  classification of faculty members or other professional
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     1  employees by title, including: professor, associate professor,
     2  assistant professor, instructor, lecturer, research associate,
     3  librarian and academic administrator; faculty members or other
     4  professional employees under each title to be subdivided by type
     5  of assignment: teaching and nonteaching; and each such set of
     6  faculty members or other professional employees to be further
     7  subdivided by type of employment: full-time or part-time; and
     8  the following aggregates for each such subdivided
     9  classification:
    10     (i)  The number of faculty and other professional employees
    11  and their full-time equivalence in instructional and
    12  noninstructional functions.
    13     (ii)  The sum of credits assigned to undergraduate classroom
    14  courses and the sum of credits assigned to graduate classroom
    15  courses taught, divided into lower division, upper division,
    16  master's, first professional and doctoral course levels.
    17     (iii)  The sum of credits assigned to undergraduate
    18  individual instruction courses and the sum of credits assigned
    19  to graduate individual instruction courses taught, divided into
    20  lower division, upper division, master's, first professional and
    21  doctoral course levels.
    22     (iv)  The sum of undergraduate classroom student credit hours
    23  and the sum of graduate classroom student credit hours
    24  generated, divided into lower division, upper division,
    25  master's, first professional and doctoral course levels.
    26     (v)  The sum of undergraduate individual instruction student
    27  credit hours and the sum of graduate individual instruction
    28  student credit hours generated, divided into lower division,
    29  upper division, master's, first professional and doctoral course
    30  levels.
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     1     (vi)  The total salary paid for instructional functions and
     2  for noninstructional functions and the amount of this salary
     3  paid for each of these functions from university funds, Federal
     4  funds and other funds.
     5     (3)  For each term of the period covered for each faculty
     6  member employed full time identified by two-digit CIP program
     7  category and title, the report shall contain an analysis of the
     8  average hours per week spent in university-related activities,
     9  stating specifically hours spent in undergraduate classroom
    10  contact and graduate classroom contact, hours spent in
    11  preparation, hours spent in research and hours spent in public
    12  service.
    13     Section 7.  In addition to the requirements in section 6
    14  relative to this appropriation, the report covering the 12-month
    15  period beginning with the summer term 2000 shall include for all
    16  programs of the university:
    17     (1)  Minimum number of credits required for a baccalaureate
    18  degree and for a master's degree.
    19     (2)  Number of bachelor's degrees, master's degrees, first
    20  professional degrees and doctoral degrees awarded in 1996, 1997,
    21  1998, 1999, 2000 and estimated 2001.
    22     Section 8.  (a)  The following words and phrases when used in
    23  this section shall have the meanings given to them in this
    24  subsection unless the context clearly indicates otherwise:
    25     "Academic and administrative support units."  Any
    26  organizational entity, as defined in the organizational manual
    27  of the university, that reports directly to the president of the
    28  university, chief academic officer or vice president, including
    29  the office of the president, chief academic officer and vice
    30  president.
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     1     "Expenditures."  Disbursements of State appropriations,
     2  tuition and fees supporting educational and general categories
     3  as defined in the Higher Education Finance Manual, Department of
     4  Health, Education and Welfare, 1975, or disbursement, supported
     5  by State appropriations, tuition or fees, to support a defined
     6  project or program under subsection (b)(3).
     7     "Revenue."  All State appropriations and tuition and fees.
     8     (b)  The Pennsylvania State University shall disclose the
     9  following:
    10     (1)  Revenue and expenditure budgets of the university's
    11  academic and administrative support units for the current fiscal
    12  year.
    13     (2)  The actual revenue and expenditures for the prior year
    14  in the same format as the information reported under paragraph
    15  (1).
    16     (3)  For any defined project or program which is the subject
    17  of a specific line item appropriation from the General Fund, the
    18  university shall disclose the following:
    19     (i)  Revenue and expenditure budgets of the defined program
    20  or project for the current fiscal year.
    21     (ii)  The actual revenue and expenditures of the defined
    22  program or project for the prior year in the same format as the
    23  information reported under paragraph (1).
    24     (4)  The revenue and expenditures of any auxiliary enterprise
    25  which is directly funded in whole or in part by tuition or a
    26  State appropriation for the current fiscal year.
    27     (c)  The university shall provide the following additional
    28  information for the prior fiscal year for each academic or
    29  administrative support unit, for each defined project or program
    30  and for any auxiliary enterprise:
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     1     (1)  The number of employees by academic rank and by
     2  classification the number of administrators, staff, clerical and
     3  technical service employees.
     4     (2)  Median and mean salary by academic rank and by
     5  classification the median and mean salaries of administrators,
     6  staff, clerical and technical service employees.
     7     (3)  Nonsalary compensation as a percentage of salary.
     8  Nonsalary compensation shall include, but not be limited to,
     9  medical benefits, life insurance benefits, pension benefits,
    10  leave benefits, employer Social Security payments and workers'
    11  compensation benefits.
    12     (4)  A statement of the university's retirement policies.
    13     (5)  A policy statement relating to a reduction of tuition
    14  for employees' family members.
    15     (6)  A list of purchase of service contracts which exceed
    16  $1,000 by category of service, including, but not limited to,
    17  legal, instructional, management, accounting, architecture,
    18  public relations and maintenance. The list shall contain the
    19  name and address of the contractor, a statement of the nature of
    20  the duties of the contractor and the academic and administrative
    21  support unit for which the duties are performed. If a purchase
    22  of service contract exceeds 10% of the total aggregate
    23  expenditure of the contract category per academic or
    24  administrative support unit, then the contracted amount shall
    25  also be listed.
    26     (7)  A list of purchase of goods contracts which exceed
    27  $1,000. The list shall contain the name and address of the
    28  contractor and a list of the goods purchased and the academic or
    29  administrative support unit for which such goods were
    30  contracted. If a purchase of goods contract exceeds 10% of the
    20000S1360B1761                  - 8 -

     1  total aggregate expenditure per academic or administrative
     2  support unit, then the contracted amount shall also be listed.
     3     (8)  A list by academic or administrative support unit in the
     4  aggregate, of the expenses of travel, subsistence and lodging,
     5  whether provided or reimbursed.
     6     (d)  The university shall submit a report of the information
     7  under subsections (b) and (c) to the Education Committee of the
     8  Senate and the Appropriations Committee of the Senate and the
     9  Education Committee of the House of Representatives and the
    10  Appropriations Committee of the House of Representatives. In
    11  addition, the university shall submit a copy of the report to
    12  each of the following:
    13     (1)  Governor's Office.
    14     (2)  Secretary of Education.
    15     (3)  State Treasurer.
    16     (4)  Auditor General.
    17     (5)  Joint State Government Commission.
    18  Each such institution shall maintain a copy of the report in the
    19  institution's library and shall submit a copy to each of the
    20  four State regional library resource centers.
    21     (e)  A university's report required to be submitted under
    22  this section shall be submitted within 180 days of the close of
    23  the university's current fiscal year.
    24     (f)  The Joint State Government Commission shall develop a
    25  statistical comparison analysis recognizing differences in
    26  missions from the reports made under this section. A majority of
    27  the members of the commission may request additional
    28  documentation, except for salary or identity of individuals,
    29  necessary to complete the comparative analysis. The comparison
    30  shall be provided to the Education Committee of the Senate and
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     1  the Appropriations Committee of the Senate and the Education
     2  Committee of the House of Representatives and the Appropriations
     3  Committee of the House of Representatives and the four State
     4  regional libraries.
     5     (g)  The university shall make a copy of the minutes of each
     6  public meeting of the institution's board of trustees, as well
     7  as a copy of the institution's integrated postsecondary
     8  education data systems report, available for public inspection
     9  in the institution's library.
    10     Section 9.  The Pennsylvania State University shall provide
    11  full, complete and accurate information as may be required by
    12  the Department of Education or the chairman or the minority
    13  chairman of the Appropriations Committee of the Senate or the
    14  chairman or the minority chairman of the Appropriations
    15  Committee of the House of Representatives.
    16     Section 10.  The Pennsylvania State University shall report
    17  its revenues and expenditures and present its financial
    18  statements required under the provisions of this act in
    19  accordance with generally accepted accounting principles and
    20  procedures for educational institutions as set forth in the
    21  "Higher Education Finance Manual, United States Department of
    22  Health, Education and Welfare (1975)" and the "Commonwealth of
    23  Pennsylvania Budget Instructions for the State System of Higher
    24  Education, State-Related Universities and Non-State-Related
    25  Colleges and Universities."
    26     Section 11.  This act shall take effect July 1, 2000, or
    27  immediately, whichever is later.


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