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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1401, 1675               PRINTER'S NO. 2158

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1214 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 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, 2001,
    19  to June 30, 2002, for the purposes and in the amounts as shown:

     1     (1)  For educational and general expenses......  $242,910,480  <--
     2     (2)  For the Information Systems Technology
     3  School............................................     4,500,000
     4     (3)  For medical education.....................     4,897,000
     5     (4)  For children's hospital...................     5,155,000
     6     (5)  For the Central Pennsylvania Psychiatric
     7  Institute.........................................     2,006,000
     8     (6)  For the cost of agricultural research.....    23,499,000
     9     (7)  For the cost of agricultural extension
    10  services..........................................    27,029,000
    11     (8)  To enhance the recruitment and retention
    12  of disadvantaged students.........................       355,000
    13     (9)  For the Pennsylvania College of
    14  Technology........................................    14,558,000
    15     (10)  For debt service related to the former
    16  Williamsport Area Community College...............     1,530,000
    17     (11)  For Capitol Campus Improvements..........       500,000
    18     (12)  For program initiatives, including at
    19  least $250,000 for activities related to the
    20  National Sea Grant College Program at The Behrend
    21  College...........................................     5,000,000
    22     (1)  FOR EDUCATIONAL AND GENERAL EXPENSES......  $250,208,000  <--
    23     (2)  FOR THE INFORMATION SYSTEMS TECHNOLOGY
    24  SCHOOL............................................     5,312,000
    25     (3)  FOR MEDICAL EDUCATION.....................     5,044,000
    26     (4)  FOR CHILDREN'S HOSPITAL...................     5,310,000
    27     (5)  FOR THE CENTRAL PENNSYLVANIA PSYCHIATRIC
    28  INSTITUTE.........................................     2,066,000
    29     (6)  FOR THE COST OF AGRICULTURAL RESEARCH.....    24,204,000
    30     (7)  FOR THE COST OF AGRICULTURAL EXTENSION
    20010H1214B2158                  - 2 -

     1  SERVICES..........................................    27,838,000
     2     (8)  TO ENHANCE THE RECRUITMENT AND RETENTION
     3  OF DISADVANTAGED STUDENTS.........................       366,000
     4     (9)  FOR THE PENNSYLVANIA COLLEGE OF
     5  TECHNOLOGY........................................    12,935,000
     6     (10)  FOR DEBT SERVICE RELATED TO THE FORMER
     7  WILLIAMSPORT AREA COMMUNITY COLLEGE...............     1,530,000
     8     Section 2.  Payments to The Pennsylvania State University on
     9  account of the appropriations for all items as provided in
    10  section 1 shall be made on the basis of costs during the fiscal
    11  year.
    12     Section 3.  If necessary, The Pennsylvania State University
    13  may transfer funds among the appropriations listed in section
    14  1(1), (4) and (5), provided that the aggregate amount
    15  transferred into or out of each appropriation during the fiscal
    16  year shall not exceed 5% of the amount specifically appropriated
    17  for that purpose.
    18     Section 4.  (a)  Payments to The Pennsylvania State
    19  University of the appropriations provided in section 1 shall be
    20  made monthly during the fiscal year.
    21     (b)  Such monthly payments shall be made in accordance with
    22  the provisions of section 2 on the basis of estimated costs. The
    23  estimate of costs shall be submitted by The Pennsylvania State
    24  University to the Secretary of Education, the General Assembly
    25  and the State Treasurer not later than 30 days prior to the date
    26  on which such payment is to be made.
    27     (c)  Payments to The Pennsylvania State University provided
    28  in section 1(12) are contingent on the university making all
    29  articulation agreements with other higher education institutions
    30  available on the Internet.
    20010H1214B2158                  - 3 -

     1     Section 5.  (a)  The Pennsylvania State University shall
     2  apply the moneys appropriated by this act only for such purposes
     3  as are permitted in this act and shall at all times maintain
     4  proper records showing the application of such moneys. Not later
     5  than 120 days after the close of the fiscal year to which this
     6  act relates, The Pennsylvania State University shall file, with
     7  the Secretary of Education, the General Assembly and the Auditor
     8  General of the Commonwealth, a statement setting forth the
     9  amounts and purposes of all expenditures made from moneys
    10  appropriated by this act and other university accounts during
    11  said fiscal year, as provided in section 2, used as a basis for
    12  receipt of any appropriation during said fiscal year.
    13     (b)  Such statement of expenditures and costs shall be
    14  reviewed by the Auditor General of the Commonwealth, and he
    15  shall have the right, in respect to the moneys appropriated by
    16  this act, to audit and disallow expenditures made for purposes
    17  not permitted by this act and to cause such sums to be recovered
    18  and paid by The Pennsylvania State University to the State
    19  Treasurer. In respect to expenditures made by the university
    20  from moneys other than those appropriated by this act, the
    21  Auditor General shall have the right to review only, and he
    22  shall file annually with the General Assembly such information
    23  concerning such expenditures as the General Assembly or any of
    24  its committees may require.
    25     Section 6.  A report shall be submitted to the Governor and
    26  the Appropriations and Education Committees of the Senate and
    27  House of Representatives and shall include data for all programs
    28  except the Doctor of Medicine program. The report, to be
    29  submitted prior to September 1, 2002, shall cover the 12-month
    30  period beginning with the summer term 2001 and shall include:
    20010H1214B2158                  - 4 -

     1     (1)  The following counts and distributions for each term
     2  during the period:
     3     (i)  The definitions and numbers of faculty members employed
     4  full time, of faculty members employed part time, of full-time
     5  students enrolled in graduate courses, of full-time students
     6  enrolled in undergraduate courses, of part-time students
     7  enrolled in graduate courses and of part-time students enrolled
     8  in undergraduate courses.
     9     (ii)  The total numbers of undergraduate student credit
    10  hours, divided into lower division and upper division course
    11  levels, and of graduate student credit hours, divided into three
    12  course levels--master's, first professional and doctoral.
    13     (iii)  The number of different courses scheduled by level of
    14  instruction and the number of sections of individual instruction
    15  scheduled by level of instruction, each further subdivided by
    16  two-digit Classification of Instructional Program (CIP)
    17  categories of instructional programs of higher education as
    18  defined by the National Center for Education Statistics, United
    19  States Department of Education.
    20     (iv)  The number of terms scheduled and the dates thereof.
    21     (2)  For the summer term and the following academic year in
    22  total and for each two-digit CIP program category, a
    23  classification of faculty members or other professional
    24  employees by title, including: professor, associate professor,
    25  assistant professor, instructor, lecturer, research associate,
    26  librarian and academic administrator; faculty members or other
    27  professional employees under each title to be subdivided by type
    28  of assignment: teaching and nonteaching; and each such set of
    29  faculty members or other professional employees to be further
    30  subdivided by type of employment: full-time or part-time; and
    20010H1214B2158                  - 5 -

     1  the following aggregates for each such subdivided
     2  classification:
     3     (i)  The number of faculty and other professional employees
     4  and their full-time equivalence in instructional and
     5  noninstructional functions.
     6     (ii)  The sum of credits assigned to undergraduate classroom
     7  courses and the sum of credits assigned to graduate classroom
     8  courses taught, divided into lower division, upper division,
     9  master's, first professional and doctoral course levels.
    10     (iii)  The sum of credits assigned to undergraduate
    11  individual instruction courses and the sum of credits assigned
    12  to graduate individual instruction courses taught, divided into
    13  lower division, upper division, master's, first professional and
    14  doctoral course levels.
    15     (iv)  The sum of undergraduate classroom student credit hours
    16  and the sum of graduate classroom student credit hours
    17  generated, divided into lower division, upper division,
    18  master's, first professional and doctoral course levels.
    19     (v)  The sum of undergraduate individual instruction student
    20  credit hours and the sum of graduate individual instruction
    21  student credit hours generated, divided into lower division,
    22  upper division, master's, first professional and doctoral course
    23  levels.
    24     (vi)  The total salary paid for instructional functions and
    25  for noninstructional functions and the amount of this salary
    26  paid for each of these functions from university funds, Federal
    27  funds and other funds.
    28     (3)  For each term of the period covered for each faculty
    29  member employed full time identified by two-digit CIP program
    30  category and title, the report shall contain an analysis of the
    20010H1214B2158                  - 6 -

     1  average hours per week spent in university-related activities,
     2  stating specifically hours spent in undergraduate classroom
     3  contact and graduate classroom contact, hours spent in
     4  preparation, hours spent in research and hours spent in public
     5  service.
     6     Section 7.  In addition to the requirements in section 6
     7  relative to this appropriation, the report covering the 12-month
     8  period beginning with the summer term 2001 shall include for all
     9  programs of the university:
    10     (1)  Minimum number of credits required for a baccalaureate
    11  degree and for a master's degree.
    12     (2)  Number of bachelor's degrees, master's degrees, first
    13  professional degrees and doctoral degrees awarded in 1997, 1998,
    14  1999, 2000, 2001 and estimated 2002.
    15     Section 8.  (a)  The following words and phrases when used in
    16  this section shall have the meanings given to them in this
    17  subsection unless the context clearly indicates otherwise:
    18     "Academic and administrative support units."  Any
    19  organizational entity, as defined in the organizational manual
    20  of the university, that reports directly to the president of the
    21  university, chief academic officer or vice president, including
    22  the office of the president, chief academic officer and vice
    23  president.
    24     "Expenditures."  Disbursements of State appropriations,
    25  tuition and fees supporting educational and general categories
    26  as defined in the Higher Education Finance Manual, Department of
    27  Health, Education and Welfare, 1975, or disbursement, supported
    28  by State appropriations, tuition or fees, to support a defined
    29  project or program under subsection (b)(3).
    30     "Revenue."  All State appropriations and tuition and fees.
    20010H1214B2158                  - 7 -

     1     (b)  The Pennsylvania State University shall disclose the
     2  following:
     3     (1)  Revenue and expenditure budgets of the university's
     4  academic and administrative support units for the current fiscal
     5  year.
     6     (2)  The actual revenue and expenditures for the prior year
     7  in the same format as the information reported under paragraph
     8  (1).
     9     (3)  For any defined project or program which is the subject
    10  of a specific line item appropriation from the General Fund, the
    11  university shall disclose the following:
    12     (i)  Revenue and expenditure budgets of the defined program
    13  or project for the current fiscal year.
    14     (ii)  The actual revenue and expenditures of the defined
    15  program or project for the prior year in the same format as the
    16  information reported under paragraph (1).
    17     (4)  The revenue and expenditures of any auxiliary enterprise
    18  which is directly funded in whole or in part by tuition or a
    19  State appropriation for the current fiscal year.
    20     (c)  The university shall provide the following additional
    21  information for the prior fiscal year for each academic or
    22  administrative support unit, for each defined project or program
    23  and for any auxiliary enterprise:
    24     (1)  The number of employees by academic rank and by
    25  classification the number of administrators, staff, clerical and
    26  technical service employees.
    27     (2)  Median and mean salary by academic rank and by
    28  classification the median and mean salaries of administrators,
    29  staff, clerical and technical service employees.
    30     (3)  Nonsalary compensation as a percentage of salary.
    20010H1214B2158                  - 8 -

     1  Nonsalary compensation shall include, but not be limited to,
     2  medical benefits, life insurance benefits, pension benefits,
     3  leave benefits, employer Social Security payments and workers'
     4  compensation benefits.
     5     (4)  A statement of the university's retirement policies.
     6     (5)  A policy statement relating to a reduction of tuition
     7  for employees' family members.
     8     (6)  A list of purchase of service contracts which exceed
     9  $1,000 by category of service, including, but not limited to,
    10  legal, instructional, management, accounting, architecture,
    11  public relations and maintenance. The list shall contain the
    12  name and address of the contractor, a statement of the nature of
    13  the duties of the contractor and the academic and administrative
    14  support unit for which the duties are performed. If a purchase
    15  of service contract exceeds 10% of the total aggregate
    16  expenditure of the contract category per academic or
    17  administrative support unit, then the contracted amount shall
    18  also be listed.
    19     (7)  A list of purchase of goods contracts which exceed
    20  $1,000. The list shall contain the name and address of the
    21  contractor and a list of the goods purchased and the academic or
    22  administrative support unit for which such goods were
    23  contracted. If a purchase of goods contract exceeds 10% of the
    24  total aggregate expenditure per academic or administrative
    25  support unit, then the contracted amount shall also be listed.
    26     (8)  A list by academic or administrative support unit in the
    27  aggregate, of the expenses of travel, subsistence and lodging,
    28  whether provided or reimbursed.
    29     (d)  The university shall submit a report of the information
    30  under subsections (b) and (c) to the Education Committee of the
    20010H1214B2158                  - 9 -

     1  Senate and the Appropriations Committee of the Senate and the
     2  Education Committee of the House of Representatives and the
     3  Appropriations Committee of the House of Representatives. In
     4  addition, the university shall submit a copy of the report to
     5  each of the following:
     6     (1)  Governor's Office.
     7     (2)  Secretary of Education.
     8     (3)  State Treasurer.
     9     (4)  Auditor General.
    10     (5)  Joint State Government Commission.
    11  Each such institution shall maintain a copy of the report in the
    12  institution's library and shall submit a copy to each of the
    13  four State regional library resource centers.
    14     (e)  A university's report required to be submitted under
    15  this section shall be submitted within 180 days of the close of
    16  the university's current fiscal year.
    17     (f)  The Joint State Government Commission shall develop a
    18  statistical comparison analysis recognizing differences in
    19  missions from the reports made under this section. A majority of
    20  the members of the commission may request additional
    21  documentation, except for salary or identity of individuals,
    22  necessary to complete the comparative analysis. The comparison
    23  shall be provided to the Education Committee of the Senate and
    24  the Appropriations Committee of the Senate and the Education
    25  Committee of the House of Representatives and the Appropriations
    26  Committee of the House of Representatives and the four State
    27  regional libraries.
    28     (g)  The university shall make a copy of the minutes of each
    29  public meeting of the institution's board of trustees, as well
    30  as a copy of the institution's integrated postsecondary
    20010H1214B2158                 - 10 -

     1  education data systems report, available for public inspection
     2  in the institution's library.
     3     Section 9.  The Pennsylvania State University shall provide
     4  full, complete and accurate information as may be required by
     5  the Department of Education or the chairman or the minority
     6  chairman of the Appropriations Committee of the Senate or the
     7  chairman or the minority chairman of the Appropriations
     8  Committee of the House of Representatives.
     9     Section 10.  The Pennsylvania State University shall report
    10  its revenues and expenditures and present its financial
    11  statements required under the provisions of this act in
    12  accordance with generally accepted accounting principles and
    13  procedures for educational institutions as set forth in the
    14  "Higher Education Finance Manual, United States Department of
    15  Health, Education and Welfare (1975)" and the "Commonwealth of
    16  Pennsylvania Budget Instructions for the State System of Higher
    17  Education, State-Related Universities and Non-State-Related
    18  Colleges and Universities."
    19     Section 11.  Commonwealth funds appropriated to the Trustees   <--
    20  of The Pennsylvania State University may not be used to
    21  subsidize the tuition of a student who is not a resident of this
    22  Commonwealth. A current student who is not a resident of this
    23  Commonwealth that receives a tuition subsidy prior to the
    24  adoption of this act or any renewal or continuation of that
    25  subsidy is exempt from this prohibition.
    26     Section 12 11.  This act shall take effect July 1, 2001, or    <--
    27  immediately, whichever is later.


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