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        PRIOR PRINTER'S NO. 3570                      PRINTER'S NO. 3962

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2491 Session of 2002


        INTRODUCED BY FLEAGLE, APRIL 8, 2002

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 5, 2002

                                  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, 2002, to
    25  June 30, 2003, for the purposes and in the amounts as shown:


     1     (1)  For educational and general expenses......  $143,982,000  <--
     2     (2)  For student life initiatives..............       475,000
     3     (3)  For instruction - Doctor of Medicine only.     6,558,000
     4     (1)  FOR EDUCATIONAL AND GENERAL EXPENSES......  $148,540,000  <--
     5     (2)  FOR STUDENT LIFE INITIATIVES..............       434,000
     6     (3)  FOR INSTRUCTION - DOCTOR OF MEDICINE ONLY.     6,903,000
     7     (4)  For operation of dental clinics in the
     8  school of dentistry...............................     1,083,000
     9     (5)  To enhance the recruitment and retention
    10  of disadvantaged students.........................       337,000
    11     (6)  For general maintenance and operation of
    12  the Western Psychiatric Institute and Clinic......     8,087,000
    13     (7)  For the teen suicide center at the Western
    14  Psychiatric Institute and Clinic..................       522,000
    15     (8)  For the Graduate School of Public Health..       263,000
    16     (9)  For rural education outreach..............       962,000  <--
    17     (9)  FOR RURAL EDUCATION OUTREACH..............     1,013,000  <--
    18     (10)  For laboratories and equipment...........     2,375,000
    19     (11)  For program initiatives..................     2,517,000  <--
    20     (12) (11)  For information technology..........     2,375,000  <--
    21     Section 2.  Payments to the University of Pittsburgh on
    22  account of the appropriations for all items as provided in
    23  section 1 shall be made on the basis of costs during the fiscal
    24  year.
    25     Section 3.  If necessary, the University of Pittsburgh may
    26  transfer funds between the appropriations listed in section 1(1)
    27  and (3), provided that the aggregate amount transferred into or
    28  out of each appropriation during the fiscal year shall not
    29  exceed 5% of the amount specifically appropriated for that
    30  purpose.
    20020H2491B3962                  - 2 -

     1     Section 4.  (a)  Payments to the University of Pittsburgh of
     2  the appropriations provided in section 1 shall be made monthly
     3  during the fiscal year.
     4     (b)  Such monthly payments shall be made in accordance with
     5  the provisions of section 2 on the basis of estimated costs. The
     6  estimate of costs shall be submitted by the University of
     7  Pittsburgh to the Secretary of Education, the General Assembly
     8  and the State Treasurer not later than 30 days prior to the date
     9  on which such payment is to be made.
    10     (c)  Payments to the University of Pittsburgh provided in      <--
    11  section 1(11) are contingent on the university making all
    12  articulation agreements with other higher education institutions
    13  available on the Internet.
    14     Section 5.  (a)  The University of Pittsburgh shall apply the
    15  moneys appropriated by this act only for such purposes as are
    16  permitted in this act and shall at all times maintain proper
    17  records showing the application of such moneys. Not later than
    18  120 days after the close of the fiscal year to which this act
    19  relates, the University of Pittsburgh shall file, with the
    20  Secretary of Education, the General Assembly, the Auditor
    21  General of the Commonwealth and the chief administrator of each
    22  branch campus, a statement setting forth the amounts and
    23  purposes of all expenditures made from moneys appropriated by
    24  this act and other university accounts during said fiscal year,
    25  as provided in section 2, used as a basis for receipt of any
    26  appropriation during said fiscal year.
    27     (b)  Such statement of expenditures and costs shall be
    28  reviewed by the Auditor General of the Commonwealth, and he
    29  shall have the right, in respect to the moneys appropriated by
    30  this act, to audit and disallow expenditures made for purposes
    20020H2491B3962                  - 3 -

     1  not permitted by this act and to cause such sums to be recovered
     2  and paid by the University of Pittsburgh to the State Treasurer.
     3  In respect to expenditures made by the university from moneys
     4  other than those appropriated by this act, the Auditor General
     5  shall have the right to review only, and he shall file annually
     6  with the General Assembly such information concerning such
     7  expenditures as the General Assembly or any of its committees
     8  may require.
     9     Section 6.  A report shall be submitted to the Governor and
    10  the Appropriations and Education Committees of the Senate and
    11  House of Representatives and shall include data for all
    12  programs, except for the Doctor of Medicine program. The report,
    13  to be submitted prior to September 1, 2003, shall cover the 12-
    14  month period beginning with the summer term 2002 and shall
    15  include:
    16     (1)  The following counts and distributions for each term
    17  during the period:
    18     (i)  The definitions and numbers of faculty members employed
    19  full time, of faculty members employed part time, of full-time
    20  students enrolled in graduate courses, of full-time students
    21  enrolled in undergraduate courses, of part-time students
    22  enrolled in graduate courses and of part-time students enrolled
    23  in undergraduate courses.
    24     (ii)  The total numbers of undergraduate student credit
    25  hours, divided into lower division and upper division course
    26  levels, and of graduate student credit hours, divided into three
    27  course levels--master's, first professional and doctoral.
    28     (iii)  The number of different courses scheduled by level of
    29  instruction and the number of sections of individual instruction
    30  scheduled by level of instruction, each further subdivided by
    20020H2491B3962                  - 4 -

     1  two-digit Classification of Instructional Program (CIP)
     2  categories of instructional programs of higher education as
     3  defined by the National Center for Education Statistics, United
     4  States Department of Education.
     5     (iv)  The number of terms scheduled and the dates thereof.
     6     (2)  For the summer term and the following academic year in
     7  total and for each two-digit CIP program category, a
     8  classification of faculty members or other professional
     9  employees by title, including: professor, associate professor,
    10  assistant professor, instructor, lecturer, research associate,
    11  librarian and academic administrator; faculty members or other
    12  professional employees under each title to be subdivided by type
    13  of assignment: teaching and nonteaching; and each such set of
    14  faculty members or other professional employees to be further
    15  subdivided by type of employment: full-time or part-time; and
    16  the following aggregates for each such subdivided
    17  classification:
    18     (i)  The number of faculty and other professional employees
    19  and their full-time equivalence in instructional and
    20  noninstructional functions.
    21     (ii)  The sum of credits assigned to undergraduate classroom
    22  courses and the sum of credits assigned to graduate classroom
    23  courses taught, divided into lower division, upper division,
    24  master's, first professional and doctoral course levels.
    25     (iii)  The sum of credits assigned to undergraduate
    26  individual instruction courses and the sum of credits assigned
    27  to graduate individual instruction courses taught, divided into
    28  lower division, upper division, master's, first professional and
    29  doctoral course levels.
    30     (iv)  The sum of undergraduate classroom student credit hours
    20020H2491B3962                  - 5 -

     1  and the sum of graduate classroom student credit hours
     2  generated, divided into lower division, upper division,
     3  master's, first professional and doctoral course levels.
     4     (v)  The sum of undergraduate individual instruction student
     5  credit hours and the sum of graduate individual instruction
     6  student credit hours generated, divided into lower division,
     7  upper division, master's, first professional and doctoral course
     8  levels.
     9     (vi)  The total salary paid for instructional functions and
    10  for noninstructional functions and the amount of this salary
    11  paid for each of these functions from university funds, Federal
    12  funds and other funds.
    13     (3)  For each term of the period covered for each faculty
    14  member employed full time identified by two-digit CIP program
    15  category and title, the report shall contain an analysis of the
    16  average hours per week spent in university-related activities,
    17  stating specifically hours spent in undergraduate classroom
    18  contact and graduate classroom contact, hours spent in
    19  preparation, hours spent in research and hours spent in public
    20  service.
    21     Section 7.  In addition to the requirements in section 6
    22  relative to this appropriation, the report covering the 12-month
    23  period beginning with the summer term 2002 shall include for all
    24  programs of the university:
    25     (1)  Minimum number of credits required for a baccalaureate
    26  degree and for a master's degree.
    27     (2)  Number of bachelor's degrees, master's degrees, first
    28  professional degrees and doctoral degrees awarded in 1998, 1999,
    29  2000, 2001, 2002 and estimated 2003.
    30     Section 8.  (a)  The following words and phrases when used in
    20020H2491B3962                  - 6 -

     1  this section shall have the meanings given to them in this
     2  subsection unless the context clearly indicates otherwise:
     3     "Academic and administrative support units."  Any
     4  organizational entity, as defined in the organizational manual
     5  of the university, that reports directly to the president of the
     6  university, chief academic officer or vice president, including
     7  the office of the president, chief academic officer and vice
     8  president.
     9     "Expenditures."  Disbursements or payments of State
    10  appropriations, tuition and fees supporting operational,
    11  educational or other general categories of expenses as defined
    12  in: the generally accepted accounting principles as prescribed
    13  by the National Association of College and University Business
    14  Officers, the American Institute of Certified Public
    15  Accountants, or by their successors, or by any other recognized
    16  authoritative body; the "Commonwealth of Pennsylvania Budget
    17  Instructions for the State System of Higher Education, State-
    18  Related Universities and Non-State-Related Colleges and
    19  Universities"; and the financial reporting policies and
    20  standards promulgated by the Commonwealth of Pennsylvania and by
    21  the Federal Government that apply to the University of
    22  Pittsburgh.
    23     "Revenue."  All State appropriations and tuition and fees.
    24     (b)  The University of Pittsburgh shall disclose the
    25  following:
    26     (1)  Revenue and expenditure budgets of the university's
    27  academic and administrative support units for the current fiscal
    28  year.
    29     (2)  The actual revenue and expenditures for the prior year
    30  in the same format as the information reported under paragraph
    20020H2491B3962                  - 7 -

     1  (1).
     2     (3)  For any defined project or program which is the subject
     3  of a specific line item appropriation from the General Fund, the
     4  university shall disclose the following:
     5     (i)  Revenue and expenditure budgets of the defined program
     6  or project for the current fiscal year.
     7     (ii)  The actual revenue and expenditures of the defined
     8  program or project for the prior year in the same format as the
     9  information reported under paragraph (1).
    10     (4)  The revenue and expenditures of any auxiliary enterprise
    11  which is directly funded in whole or in part by tuition or a
    12  State appropriation for the current fiscal year.
    13     (c)  The university shall provide the following additional
    14  information for the prior fiscal year for each academic or
    15  administrative support unit, for each defined project or program
    16  and for any auxiliary enterprise:
    17     (1)  The number of employees by academic rank and by
    18  classification the number of administrators, staff, clerical and
    19  technical service employees.
    20     (2)  Median and mean salary by academic rank and by
    21  classification the median and mean salaries of administrators,
    22  staff, clerical and technical service employees.
    23     (3)  Nonsalary compensation as a percentage of salary.
    24  Nonsalary compensation shall include, but not be limited to,
    25  medical benefits, life insurance benefits, pension benefits,
    26  leave benefits, employer Social Security payments and workers'
    27  compensation benefits.
    28     (4)  A statement of the university's retirement policies.
    29     (5)  A policy statement relating to a reduction of tuition
    30  for employees' family members.
    20020H2491B3962                  - 8 -

     1     (6)  A list of purchase of service contracts which exceed
     2  $1,000 by category of service, including, but not limited to,
     3  legal, instructional, management, accounting, architecture,
     4  public relations and maintenance. The list shall contain the
     5  name and address of the contractor, a statement of the nature of
     6  the duties of the contractor and the academic and administrative
     7  support unit for which the duties are performed. If a purchase
     8  of service contract exceeds 10% of the total aggregate
     9  expenditure of the contract category per academic or
    10  administrative support unit, then the contracted amount shall
    11  also be listed.
    12     (7)  A list of purchase of goods contracts which exceed
    13  $1,000. The list shall contain the name and address of the
    14  contractor and a list of the goods purchased and the academic or
    15  administrative support unit for which such goods were
    16  contracted. If a purchase of goods contract exceeds 10% of the
    17  total aggregate expenditure per academic or administrative
    18  support unit, then the contracted amount shall also be listed.
    19     (8)  A list by academic or administrative support unit in the
    20  aggregate, of the expenses of travel, subsistence and lodging,
    21  whether provided or reimbursed.
    22     (d)  The university shall submit a report of the information
    23  under subsections (b) and (c) to the Education Committee of the
    24  Senate and the Appropriations Committee of the Senate and the
    25  Education Committee of the House of Representatives and the
    26  Appropriations Committee of the House of Representatives. In
    27  addition, the university shall submit a copy of the report to
    28  each of the following:
    29     (1)  Governor's Office.
    30     (2)  Secretary of Education.
    20020H2491B3962                  - 9 -

     1     (3)  State Treasurer.
     2     (4)  Auditor General.
     3     (5)  Joint State Government Commission.
     4  Each such institution shall maintain a copy of the report in the
     5  institution's library and shall submit a copy to each of the
     6  four State regional library resource centers.
     7     (e)  A university's report required to be submitted under
     8  this section shall be submitted within 180 days of the close of
     9  the university's current fiscal year.
    10     (f)  The Joint State Government Commission shall develop a
    11  statistical comparison analysis recognizing differences in
    12  missions from the reports made under this section. A majority of
    13  the members of the commission may request additional
    14  documentation, except for salary or identity of individuals,
    15  necessary to complete the comparative analysis. The comparison
    16  shall be provided to the Education Committee of the Senate and
    17  the Appropriations Committee of the Senate and the Education
    18  Committee of the House of Representatives and the Appropriations
    19  Committee of the House of Representatives and the four State
    20  regional libraries.
    21     (g)  The university shall make a copy of the minutes of each
    22  public meeting of the institution's board of trustees, as well
    23  as a copy of the institution's integrated postsecondary
    24  education data systems report, available for public inspection
    25  in the institution's library.
    26     Section 9.  The University of Pittsburgh shall provide full,
    27  complete and accurate information as may be required by the
    28  Department of Education or the chairman or the minority chairman
    29  of the Appropriations Committee of the Senate or the chairman or
    30  the minority chairman of the Appropriations Committee of the
    20020H2491B3962                 - 10 -

     1  House of Representatives.
     2     Section 10.  The University of Pittsburgh shall present and
     3  report its financial statements required under the provisions of
     4  this act in accordance with: the generally accepted accounting
     5  principles as prescribed by the National Association of College
     6  and University Business Officers, the American Institute of
     7  Certified Public Accountants, or their successors, or by any
     8  other recognized authoritative body; the "Commonwealth of
     9  Pennsylvania Budget Instructions for the State System of Higher
    10  Education, State-Related Universities and Non-State-Related
    11  Colleges and Universities"; and the financial reporting policies
    12  and standards promulgated by the Commonwealth of Pennsylvania
    13  and by the Federal Government that apply to the University of
    14  Pittsburgh.
    15     SECTION 11.  THE UNIVERSITY OF PITTSBURGH SHALL MAKE ALL       <--
    16  ARTICULATION AGREEMENTS WITH OTHER HIGHER EDUCATION INSTITUTIONS
    17  AVAILABLE ON THE INTERNET.
    18     SECTION 12.  NO FUNDS APPROPRIATED BY THIS ACT MAY BE USED
    19  FOR COSTS OF PERSONNEL AND OPERATIONS OF THE ENVIRONMENTAL LAW
    20  CLINIC.
    21     Section 11 13.  This act shall take effect July 1, 2002, or    <--
    22  immediately, whichever is later.






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