PRIOR PRINTER'S NOS. 3569, 3961 PRINTER'S NO. 4011
No. 2490 Session of 2002
INTRODUCED BY FLEAGLE, APRIL 8, 2002
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 11, 2002
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, 2002,
19 to June 30, 2003, for the purposes and in the amounts as shown:
1 (1) For educational and general expenses...... $244,744,000
2 (2) For medical education..................... 5,044,000
3 (3) For children's hospital................... 5,044,000
4 (4) For the Central Pennsylvania Psychiatric
5 Institute......................................... 1,963,000
6 (5) For the cost of agricultural research..... 22,994,000 <--
7 (6) For the cost of agricultural extension
8 services.......................................... 26,446,000
9 (5) FOR THE COST OF AGRICULTURAL RESEARCH..... 24,128,000 <--
10 (6) FOR THE COST OF AGRICULTURAL EXTENSION
11 SERVICES.......................................... 27,580,000
12 (7) To enhance the recruitment and retention
13 of disadvantaged students......................... 348,000
14 (8) For the Pennsylvania College of
15 Technology........................................ 12,288,000
16 (9) For debt service related to the former
17 Williamsport Area Community College............... 1,453,000
18 Section 2. Payments to The Pennsylvania State University on
19 account of the appropriations for all items as provided in
20 section 1 shall be made on the basis of costs during the fiscal
21 year.
22 Section 3. If necessary, The Pennsylvania State University
23 may transfer funds among the appropriations listed in section
24 1(1), (4) and (5), provided that the aggregate amount
25 transferred into or out of each appropriation during the fiscal
26 year shall not exceed 5% of the amount specifically appropriated
27 for that purpose.
28 Section 4. (a) Payments to The Pennsylvania State
29 University of the appropriations provided in section 1 shall be
30 made monthly during the fiscal year.
20020H2490B4011 - 2 -
1 (b) Such monthly payments shall be made in accordance with
2 the provisions of section 2 on the basis of estimated costs. The
3 estimate of costs shall be submitted by The Pennsylvania State
4 University to the Secretary of Education, the General Assembly
5 and the State Treasurer not later than 30 days prior to the date
6 on which such payment is to be made.
7 Section 5. (a) The Pennsylvania State University shall
8 apply the moneys appropriated by this act only for such purposes
9 as are permitted in this act and shall at all times maintain
10 proper records showing the application of such moneys. Not later
11 than 120 days after the close of the fiscal year to which this
12 act relates, The Pennsylvania State University shall file, with
13 the Secretary of Education, the General Assembly and the Auditor
14 General of the Commonwealth, a statement setting forth the
15 amounts and purposes of all expenditures made from moneys
16 appropriated by this act and other university accounts during
17 said fiscal year, as provided in section 2, used as a basis for
18 receipt of any appropriation during said fiscal year.
19 (b) Such statement of expenditures and costs shall be
20 reviewed by the Auditor General of the Commonwealth, and he
21 shall have the right, in respect to the moneys appropriated by
22 this act, to audit and disallow expenditures made for purposes
23 not permitted by this act and to cause such sums to be recovered
24 and paid by The Pennsylvania State University to the State
25 Treasurer. In respect to expenditures made by the university
26 from moneys other than those appropriated by this act, the
27 Auditor General shall have the right to review only, and he
28 shall file annually with the General Assembly such information
29 concerning such expenditures as the General Assembly or any of
30 its committees may require.
20020H2490B4011 - 3 -
1 Section 6. A report shall be submitted to the Governor and
2 the Appropriations and Education Committees of the Senate and
3 House of Representatives and shall include data for all programs
4 except the Doctor of Medicine program. The report, to be
5 submitted prior to September 1, 2003, shall cover the 12-month
6 period beginning with the summer term 2002 and shall include:
7 (1) The following counts and distributions for each term
8 during the period:
9 (i) The definitions and numbers of faculty members employed
10 full time, of faculty members employed part time, of full-time
11 students enrolled in graduate courses, of full-time students
12 enrolled in undergraduate courses, of part-time students
13 enrolled in graduate courses and of part-time students enrolled
14 in undergraduate courses.
15 (ii) The total numbers of undergraduate student credit
16 hours, divided into lower division and upper division course
17 levels, and of graduate student credit hours, divided into three
18 course levels--master's, first professional and doctoral.
19 (iii) The number of different courses scheduled by level of
20 instruction and the number of sections of individual instruction
21 scheduled by level of instruction, each further subdivided by
22 two-digit Classification of Instructional Program (CIP)
23 categories of instructional programs of higher education as
24 defined by the National Center for Education Statistics, United
25 States Department of Education.
26 (iv) The number of terms scheduled and the dates thereof.
27 (2) For the summer term and the following academic year in
28 total and for each two-digit CIP program category, a
29 classification of faculty members or other professional
30 employees by title, including: professor, associate professor,
20020H2490B4011 - 4 -
1 assistant professor, instructor, lecturer, research associate,
2 librarian and academic administrator; faculty members or other
3 professional employees under each title to be subdivided by type
4 of assignment: teaching and nonteaching; and each such set of
5 faculty members or other professional employees to be further
6 subdivided by type of employment: full-time or part-time; and
7 the following aggregates for each such subdivided
8 classification:
9 (i) The number of faculty and other professional employees
10 and their full-time equivalence in instructional and
11 noninstructional functions.
12 (ii) The sum of credits assigned to undergraduate classroom
13 courses and the sum of credits assigned to graduate classroom
14 courses taught, divided into lower division, upper division,
15 master's, first professional and doctoral course levels.
16 (iii) The sum of credits assigned to undergraduate
17 individual instruction courses and the sum of credits assigned
18 to graduate individual instruction courses taught, divided into
19 lower division, upper division, master's, first professional and
20 doctoral course levels.
21 (iv) The sum of undergraduate classroom student credit hours
22 and the sum of graduate classroom student credit hours
23 generated, divided into lower division, upper division,
24 master's, first professional and doctoral course levels.
25 (v) The sum of undergraduate individual instruction student
26 credit hours and the sum of graduate individual instruction
27 student credit hours generated, divided into lower division,
28 upper division, master's, first professional and doctoral course
29 levels.
30 (vi) The total salary paid for instructional functions and
20020H2490B4011 - 5 -
1 for noninstructional functions and the amount of this salary
2 paid for each of these functions from university funds, Federal
3 funds and other funds.
4 (3) For each term of the period covered for each faculty
5 member employed full time identified by two-digit CIP program
6 category and title, the report shall contain an analysis of the
7 average hours per week spent in university-related activities,
8 stating specifically hours spent in undergraduate classroom
9 contact and graduate classroom contact, hours spent in
10 preparation, hours spent in research and hours spent in public
11 service.
12 Section 7. In addition to the requirements in section 6
13 relative to this appropriation, the report covering the 12-month
14 period beginning with the summer term 2002 shall include for all
15 programs of the university:
16 (1) Minimum number of credits required for a baccalaureate
17 degree and for a master's degree.
18 (2) Number of bachelor's degrees, master's degrees, first
19 professional degrees and doctoral degrees awarded in 1998, 1999,
20 2000, 2001, 2002 and estimated 2003.
21 Section 8. (a) The following words and phrases when used in
22 this section shall have the meanings given to them in this
23 subsection unless the context clearly indicates otherwise:
24 "Academic and administrative support units." Any
25 organizational entity, as defined in the organizational manual
26 of the university, that reports directly to the president of the
27 university, chief academic officer or vice president, including
28 the office of the president, chief academic officer and vice
29 president.
30 "Expenditures." Disbursements or payments of State
20020H2490B4011 - 6 -
1 appropriations, tuition and fees supporting operational,
2 educational or other general categories of expenses as defined
3 in: the generally accepted accounting principles as prescribed
4 by the National Association of College and University Business
5 Officers, the American Institute of Certified Public
6 Accountants, or by their successors, or by any other recognized
7 authoritative body; the "Commonwealth of Pennsylvania Budget
8 Instructions for the State System of Higher Education, State-
9 Related Universities and Non-State-Related Colleges and
10 Universities"; and, the financial reporting policies and
11 standards promulgated by the Commonwealth of Pennsylvania and by
12 the Federal Government that apply to the Pennsylvania State
13 University.
14 "Revenue." All State appropriations and tuition and fees.
15 (b) The Pennsylvania State University 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).
20020H2490B4011 - 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
20020H2490B4011 - 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.
20020H2490B4011 - 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 Pennsylvania State University shall provide
18 full, complete and accurate information as may be required by
19 the Department of Education or the chairman or the minority
20 chairman of the Appropriations Committee of the Senate or the
21 chairman or the minority chairman of the Appropriations
22 Committee of the House of Representatives.
23 Section 10. The Pennsylvania State University shall present
24 and report its financial statements required under the
25 provisions of this act in accordance with: the generally
26 accepted accounting principles as prescribed by the National
27 Association of College and University Business Officers, the
28 American Institute of Certified Public Accountants, or their
29 successors, or by any other recognized authoritative body; the
30 "Commonwealth of Pennsylvania Budget Instructions for the State
20020H2490B4011 - 10 -
1 System of Higher Education, State-Related Universities and Non-
2 State-Related Colleges and Universities"; and, the financial
3 reporting policies and standards promulgated by the Commonwealth
4 of Pennsylvania and by the Federal Government that apply to the
5 Pennsylvania State University.
6 Section 11. The Pennsylvania State University shall make all
7 articulation agreements with other higher education institutions
8 available on the Internet.
9 Section 12. This act shall take effect July 1, 2002, or
10 immediately, whichever is later.
B26L84RZ/20020H2490B4011 - 11 -