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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1398, 1677               PRINTER'S NO. 2155

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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
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     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)
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     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
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     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
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     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).
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     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
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     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.
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     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.











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