SENATE AMENDED PRIOR PRINTER'S NOS. 1398, 1677 PRINTER'S NO. 2155
No. 1211 Session of 2001
INTRODUCED BY BARLEY, MARCH 27, 2001
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 11, 2001
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, 2001, to 25 June 30, 2002, for the purposes and in the amounts as shown:
1 (1) For educational and general expenses...... $149,760,000 <-- 2 (1) FOR EDUCATIONAL AND GENERAL EXPENSES...... $151,560,000 <-- 3 (2) For student life initiatives.............. 500,000 4 (3) For instruction - Doctor of Medicine only. 6,903,000 5 (4) For operation of dental clinics in the 6 school of dentistry............................... 1,140,000 7 (5) To enhance the recruitment and retention 8 of disadvantaged students......................... 355,000 9 (6) For general maintenance and operation of 10 the Western Psychiatric Institute and Clinic...... 8,513,000 11 (7) For the teen suicide center at the Western 12 Psychiatric Institute and Clinic.................. 549,000 13 (8) For the Graduate School of Public Health.. 277,000 14 (9) For rural education outreach.............. 913,000 <-- 15 (9) FOR RURAL EDUCATION OUTREACH.............. 1,013,000 <-- 16 (10) For laboratories and equipment........... 2,500,000 17 (11) For program initiatives.................. 3,500,000 <-- 18 (11) FOR PROGRAM INITIATIVES.................. 2,650,000 <-- 19 (12) For information technology............... 2,500,000 20 Section 2. Payments to the University of Pittsburgh on 21 account of the appropriations for all items as provided in 22 section 1 shall be made on the basis of costs during the fiscal 23 year. 24 Section 3. If necessary, the University of Pittsburgh may 25 transfer funds between the appropriations listed in section 1(1) 26 and (3), provided that the aggregate amount transferred into or 27 out of each appropriation during the fiscal year shall not 28 exceed 5% of the amount specifically appropriated for that 29 purpose. 30 Section 4. (a) Payments to the University of Pittsburgh of 20010H1211B2155 - 2 -
1 the appropriations provided in section 1 shall be made monthly 2 during the fiscal year. 3 (b) Such monthly payments shall be made in accordance with 4 the provisions of section 2 on the basis of estimated costs. The 5 estimate of costs shall be submitted by the University of 6 Pittsburgh to the Secretary of Education, the General Assembly 7 and the State Treasurer not later than 30 days prior to the date 8 on which such payment is to be made. 9 (c) Payments to the University of Pittsburgh provided in 10 section 1(11) are contingent on the university making all 11 articulation agreements with other higher education institutions 12 available on the Internet. 13 Section 5. (a) The University of Pittsburgh shall apply the 14 moneys appropriated by this act only for such purposes as are 15 permitted in this act and shall at all times maintain proper 16 records showing the application of such moneys. Not later than 17 120 days after the close of the fiscal year to which this act 18 relates, the University of Pittsburgh shall file, with the 19 Secretary of Education, the General Assembly, the Auditor 20 General of the Commonwealth and the chief administrator of each 21 branch campus, a statement setting forth the amounts and 22 purposes of all expenditures made from moneys appropriated by 23 this act and other university accounts during said fiscal year, 24 as provided in section 2, used as a basis for receipt of any 25 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 20010H1211B2155 - 3 -
1 and paid by the University of Pittsburgh to the State Treasurer. 2 In respect to expenditures made by the university from moneys 3 other than those appropriated by this act, the Auditor General 4 shall have the right to review only, and he shall file annually 5 with the General Assembly such information concerning such 6 expenditures as the General Assembly or any of its committees 7 may require. 8 Section 6. 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 11 programs, except for the Doctor of Medicine program. The report, 12 to be submitted prior to September 1, 2002, shall cover the 12- 13 month period beginning with the summer term 2001 and shall 14 include: 15 (1) The following counts and distributions for each term 16 during the period: 17 (i) The definitions and numbers of faculty members employed 18 full time, of faculty members employed part time, of full-time 19 students enrolled in graduate courses, of full-time students 20 enrolled in undergraduate courses, of part-time students 21 enrolled in graduate courses and of part-time students enrolled 22 in undergraduate courses. 23 (ii) The total numbers of undergraduate student credit 24 hours, divided into lower division and upper division course 25 levels, and of graduate student credit hours, divided into three 26 course levels--master's, first professional and doctoral. 27 (iii) The number of different courses scheduled by level of 28 instruction and the number of sections of individual instruction 29 scheduled by level of instruction, each further subdivided by 30 two-digit Classification of Instructional Program (CIP) 20010H1211B2155 - 4 -
1 categories of instructional programs of higher education as 2 defined by the National Center for Education Statistics, United 3 States Department of Education. 4 (iv) The number of terms scheduled and the dates thereof. 5 (2) For the summer term and the following academic year in 6 total and for each two-digit CIP program category, a 7 classification of faculty members or other professional 8 employees by title, including: professor, associate professor, 9 assistant professor, instructor, lecturer, research associate, 10 librarian and academic administrator; faculty members or other 11 professional employees under each title to be subdivided by type 12 of assignment: teaching and nonteaching; and each such set of 13 faculty members or other professional employees to be further 14 subdivided by type of employment: full-time or part-time; and 15 the following aggregates for each such subdivided 16 classification: 17 (i) The number of faculty and other professional employees 18 and their full-time equivalence in instructional and 19 noninstructional functions. 20 (ii) The sum of credits assigned to undergraduate classroom 21 courses and the sum of credits assigned to graduate classroom 22 courses taught, divided into lower division, upper division, 23 master's, first professional and doctoral course levels. 24 (iii) The sum of credits assigned to undergraduate 25 individual instruction courses and the sum of credits assigned 26 to graduate individual instruction courses taught, divided into 27 lower division, upper division, master's, first professional and 28 doctoral course levels. 29 (iv) The sum of undergraduate classroom student credit hours 30 and the sum of graduate classroom student credit hours 20010H1211B2155 - 5 -
1 generated, divided into lower division, upper division, 2 master's, first professional and doctoral course levels. 3 (v) The sum of undergraduate individual instruction student 4 credit hours and the sum of graduate individual instruction 5 student credit hours generated, divided into lower division, 6 upper division, master's, first professional and doctoral course 7 levels. 8 (vi) The total salary paid for instructional functions and 9 for noninstructional functions and the amount of this salary 10 paid for each of these functions from university funds, Federal 11 funds and other funds. 12 (3) For each term of the period covered for each faculty 13 member employed full time identified by two-digit CIP program 14 category and title, the report shall contain an analysis of the 15 average hours per week spent in university-related activities, 16 stating specifically hours spent in undergraduate classroom 17 contact and graduate classroom contact, hours spent in 18 preparation, hours spent in research and hours spent in public 19 service. 20 Section 7. In addition to the requirements in section 6 21 relative to this appropriation, the report covering the 12-month 22 period beginning with the summer term 2001 shall include for all 23 programs of the university: 24 (1) Minimum number of credits required for a baccalaureate 25 degree and for a master's degree. 26 (2) Number of bachelor's degrees, master's degrees, first 27 professional degrees and doctoral degrees awarded in 1997, 1998, 28 1999, 2000, 2001 and estimated 2002. 29 Section 8. (a) The following words and phrases when used in 30 this section shall have the meanings given to them in this 20010H1211B2155 - 6 -
1 subsection unless the context clearly indicates otherwise: 2 "Academic and administrative support units." Any 3 organizational entity, as defined in the organizational manual 4 of the university, that reports directly to the president of the 5 university, chief academic officer or vice president, including 6 the office of the president, chief academic officer and vice 7 president. 8 "Expenditures." Disbursements of State appropriations, 9 tuition and fees supporting educational and general categories 10 as defined in the Higher Education Finance Manual, Department of 11 Health, Education and Welfare, 1975, or disbursement, supported 12 by State appropriations, tuition or fees, to support a defined 13 project or program under subsection (b)(3). 14 "Revenue." All State appropriations and tuition and fees. 15 (b) The University of Pittsburgh shall disclose the 16 following: 17 (1) Revenue and expenditure budgets of the university's 18 academic and administrative support units for the current fiscal 19 year. 20 (2) The actual revenue and expenditures for the prior year 21 in the same format as the information reported under paragraph 22 (1). 23 (3) For any defined project or program which is the subject 24 of a specific line item appropriation from the General Fund, the 25 university shall disclose the following: 26 (i) Revenue and expenditure budgets of the defined program 27 or project for the current fiscal year. 28 (ii) The actual revenue and expenditures of the defined 29 program or project for the prior year in the same format as the 30 information reported under paragraph (1). 20010H1211B2155 - 7 -
1 (4) The revenue and expenditures of any auxiliary enterprise 2 which is directly funded in whole or in part by tuition or a 3 State appropriation for the current fiscal year. 4 (c) The university shall provide the following additional 5 information for the prior fiscal year for each academic or 6 administrative support unit, for each defined project or program 7 and for any auxiliary enterprise: 8 (1) The number of employees by academic rank and by 9 classification the number of administrators, staff, clerical and 10 technical service employees. 11 (2) Median and mean salary by academic rank and by 12 classification the median and mean salaries of administrators, 13 staff, clerical and technical service employees. 14 (3) Nonsalary compensation as a percentage of salary. 15 Nonsalary compensation shall include, but not be limited to, 16 medical benefits, life insurance benefits, pension benefits, 17 leave benefits, employer Social Security payments and workers' 18 compensation benefits. 19 (4) A statement of the university's retirement policies. 20 (5) A policy statement relating to a reduction of tuition 21 for employees' family members. 22 (6) A list of purchase of service contracts which exceed 23 $1,000 by category of service, including, but not limited to, 24 legal, instructional, management, accounting, architecture, 25 public relations and maintenance. The list shall contain the 26 name and address of the contractor, a statement of the nature of 27 the duties of the contractor and the academic and administrative 28 support unit for which the duties are performed. If a purchase 29 of service contract exceeds 10% of the total aggregate 30 expenditure of the contract category per academic or 20010H1211B2155 - 8 -
1 administrative support unit, then the contracted amount shall 2 also be listed. 3 (7) A list of purchase of goods contracts which exceed 4 $1,000. The list shall contain the name and address of the 5 contractor and a list of the goods purchased and the academic or 6 administrative support unit for which such goods were 7 contracted. If a purchase of goods contract exceeds 10% of the 8 total aggregate expenditure per academic or administrative 9 support unit, then the contracted amount shall also be listed. 10 (8) A list by academic or administrative support unit in the 11 aggregate, of the expenses of travel, subsistence and lodging, 12 whether provided or reimbursed. 13 (d) The university shall submit a report of the information 14 under subsections (b) and (c) to the Education Committee of the 15 Senate and the Appropriations Committee of the Senate and the 16 Education Committee of the House of Representatives and the 17 Appropriations Committee of the House of Representatives. In 18 addition, the university shall submit a copy of the report to 19 each of the following: 20 (1) Governor's Office. 21 (2) Secretary of Education. 22 (3) State Treasurer. 23 (4) Auditor General. 24 (5) Joint State Government Commission. 25 Each such institution shall maintain a copy of the report in the 26 institution's library and shall submit a copy to each of the 27 four State regional library resource centers. 28 (e) A university's report required to be submitted under 29 this section shall be submitted within 180 days of the close of 30 the university's current fiscal year. 20010H1211B2155 - 9 -
1 (f) The Joint State Government Commission shall develop a 2 statistical comparison analysis recognizing differences in 3 missions from the reports made under this section. A majority of 4 the members of the commission may request additional 5 documentation, except for salary or identity of individuals, 6 necessary to complete the comparative analysis. The comparison 7 shall be provided to the Education Committee of the Senate and 8 the Appropriations Committee of the Senate and the Education 9 Committee of the House of Representatives and the Appropriations 10 Committee of the House of Representatives and the four State 11 regional libraries. 12 (g) The university shall make a copy of the minutes of each 13 public meeting of the institution's board of trustees, as well 14 as a copy of the institution's integrated postsecondary 15 education data systems report, available for public inspection 16 in the institution's library. 17 Section 9. The University of Pittsburgh shall provide full, 18 complete and accurate information as may be required by the 19 Department of Education or the chairman or the minority chairman 20 of the Appropriations Committee of the Senate or the chairman or 21 the minority chairman of the Appropriations Committee of the 22 House of Representatives. 23 Section 10. The University of Pittsburgh shall report its 24 revenues and expenditures and present its financial statements 25 required under the provisions of this act in accordance with 26 generally accepted accounting principles and procedures for 27 educational institutions as set forth in the "Higher Education 28 Finance Manual, United States Department of Health, Education 29 and Welfare (1975)" and the "Commonwealth of Pennsylvania Budget 30 Instructions for the State System of Higher Education, State- 20010H1211B2155 - 10 -
1 Related Universities and Non-State-Related Colleges and 2 Universities." 3 Section 11. Commonwealth funds appropriated to the Trustees <-- 4 of the University of Pittsburgh may not be used to subsidize the 5 tuition of a student who is not a resident of this Commonwealth. 6 A current student who is not a resident of this Commonwealth 7 that receives a tuition subsidy prior to the adoption of this 8 act or any renewal or continuation of that subsidy is exempt 9 from this prohibition. 10 SECTION 11. NO FUNDS APPROPRIATED BY THIS ACT MAY BE USED <-- 11 FOR COSTS OF PERSONNEL AND OPERATIONS OF THE ENVIRONMENTAL LAW 12 CLINIC. 13 Section 12. This act shall take effect July 1, 2001, or 14 immediately, whichever is later. C13L84RZ/20010H1211B2155 - 11 -