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                                                      PRINTER'S NO. 1703

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1375 Session of 2003


        INTRODUCED BY ARGALL, MAY 6, 2003

        REFERRED TO COMMITTEE ON APPROPRIATIONS, MAY 6, 2003

                                  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, 2003, to
    25  June 30, 2004, for the purposes and in the amounts as shown:
    26     (1)  For educational and general expenses......  $145,625,000

     1     (2)  For student life initiatives..............       413,000
     2     (3)  For instruction - Doctor of Medicine only.     6,558,000
     3     (4)  For operation of dental clinics in the
     4  school of dentistry...............................     1,029,000
     5     (5)  To enhance the recruitment and retention
     6  of disadvantaged students.........................       321,000
     7     (6)  For general maintenance and operation of
     8  the Western Psychiatric Institute and Clinic......     7,682,000
     9     (7)  For the teen suicide center at the Western
    10  Psychiatric Institute and Clinic..................       496,000
    11     (8)  For the Graduate School of Public Health..       249,000
    12     (9)  For rural education outreach..............       963,000
    13     Section 2.  Payments to the University of Pittsburgh on
    14  account of the appropriations for all items as provided in
    15  section 1 shall be made on the basis of costs during the fiscal
    16  year.
    17     Section 3.  If necessary, the University of Pittsburgh may
    18  transfer funds between the appropriations listed in section 1(1)
    19  and (3), provided that the aggregate amount transferred into or
    20  out of each appropriation during the fiscal year shall not
    21  exceed 5% of the amount specifically appropriated for that
    22  purpose.
    23     Section 4.  (a)  Payments to the University of Pittsburgh of
    24  the appropriations provided in section 1 shall be made monthly
    25  during the fiscal year.
    26     (b)  Such monthly payments shall be made in accordance with
    27  the provisions of section 2 on the basis of estimated costs. The
    28  estimate of costs shall be submitted by the University of
    29  Pittsburgh to the Secretary of Education, the General Assembly
    30  and the State Treasurer not later than 30 days prior to the date
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     1  on which such payment is to be made.
     2     Section 5.  (a)  The University of Pittsburgh shall apply the
     3  moneys appropriated by this act only for such purposes as are
     4  permitted in this act and shall at all times maintain proper
     5  records showing the application of such moneys. Not later than
     6  120 days after the close of the fiscal year to which this act
     7  relates, the University of Pittsburgh shall file, with the
     8  Secretary of Education, the General Assembly, the Auditor
     9  General of the Commonwealth and the chief administrator of each
    10  branch campus, a statement setting forth the amounts and
    11  purposes of all expenditures made from moneys appropriated by
    12  this act and other university accounts during said fiscal year,
    13  as provided in section 2, used as a basis for receipt of any
    14  appropriation during said fiscal year.
    15     (b)  Such statement of expenditures and costs shall be
    16  reviewed by the Auditor General of the Commonwealth, and he
    17  shall have the right, in respect to the moneys appropriated by
    18  this act, to audit and disallow expenditures made for purposes
    19  not permitted by this act and to cause such sums to be recovered
    20  and paid by the University of Pittsburgh to the State Treasurer.
    21  In respect to expenditures made by the university from moneys
    22  other than those appropriated by this act, the Auditor General
    23  shall have the right to review only, and he shall file annually
    24  with the General Assembly such information concerning such
    25  expenditures as the General Assembly or any of its committees
    26  may require.
    27     Section 6.  A report shall be submitted to the Governor and
    28  the Appropriations and Education Committees of the Senate and
    29  House of Representatives and shall include data for all
    30  programs, except for the Doctor of Medicine program. The report,
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     1  to be submitted prior to September 1, 2004, shall cover the 12-
     2  month period beginning with the summer term 2003 and shall
     3  include:
     4     (1)  The following counts and distributions for each term
     5  during the period:
     6     (i)  The definitions and numbers of faculty members employed
     7  full time, of faculty members employed part time, of full-time
     8  students enrolled in graduate courses, of full-time students
     9  enrolled in undergraduate courses, of part-time students
    10  enrolled in graduate courses and of part-time students enrolled
    11  in undergraduate courses.
    12     (ii)  The total numbers of undergraduate student credit
    13  hours, divided into lower division and upper division course
    14  levels, and of graduate student credit hours, divided into three
    15  course levels--master's, first professional and doctoral.
    16     (iii)  The number of different courses scheduled by level of
    17  instruction and the number of sections of individual instruction
    18  scheduled by level of instruction, each further subdivided by
    19  two-digit Classification of Instructional Program (CIP)
    20  categories of instructional programs of higher education as
    21  defined by the National Center for Education Statistics, United
    22  States Department of Education.
    23     (iv)  The number of terms scheduled and the dates thereof.
    24     (2)  For the summer term and the following academic year in
    25  total and for each two-digit CIP program category, a
    26  classification of faculty members or other professional
    27  employees by title, including: professor, associate professor,
    28  assistant professor, instructor, lecturer, research associate,
    29  librarian and academic administrator; faculty members or other
    30  professional employees under each title to be subdivided by type
    20030H1375B1703                  - 4 -     

     1  of assignment: teaching and nonteaching; and each such set of
     2  faculty members or other professional employees to be further
     3  subdivided by type of employment: full-time or part-time; and
     4  the following aggregates for each such subdivided
     5  classification:
     6     (i)  The number of faculty and other professional employees
     7  and their full-time equivalence in instructional and
     8  noninstructional functions.
     9     (ii)  The sum of credits assigned to undergraduate classroom
    10  courses and the sum of credits assigned to graduate classroom
    11  courses taught, divided into lower division, upper division,
    12  master's, first professional and doctoral course levels.
    13     (iii)  The sum of credits assigned to undergraduate
    14  individual instruction courses and the sum of credits assigned
    15  to graduate individual instruction courses taught, divided into
    16  lower division, upper division, master's, first professional and
    17  doctoral course levels.
    18     (iv)  The sum of undergraduate classroom student credit hours
    19  and the sum of graduate classroom student credit hours
    20  generated, divided into lower division, upper division,
    21  master's, first professional and doctoral course levels.
    22     (v)  The sum of undergraduate individual instruction student
    23  credit hours and the sum of graduate individual instruction
    24  student credit hours generated, divided into lower division,
    25  upper division, master's, first professional and doctoral course
    26  levels.
    27     (vi)  The total salary paid for instructional functions and
    28  for noninstructional functions and the amount of this salary
    29  paid for each of these functions from university funds, Federal
    30  funds and other funds.
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     1     (3)  For each term of the period covered for each faculty
     2  member employed full time identified by two-digit CIP program
     3  category and title, the report shall contain an analysis of the
     4  average hours per week spent in university-related activities,
     5  stating specifically hours spent in undergraduate classroom
     6  contact and graduate classroom contact, hours spent in
     7  preparation, hours spent in research and hours spent in public
     8  service.
     9     Section 7.  In addition to the requirements in section 6
    10  relative to this appropriation, the report covering the 12-month
    11  period beginning with the summer term 2003 shall include for all
    12  programs of the university:
    13     (1)  Minimum number of credits required for a baccalaureate
    14  degree and for a master's degree.
    15     (2)  Number of bachelor's degrees, master's degrees, first
    16  professional degrees and doctoral degrees awarded in 1999, 2000,
    17  2001, 2002, 2003 and estimated 2004.
    18     Section 8.  (a)  The following words and phrases when used in
    19  this section shall have the meanings given to them in this
    20  subsection unless the context clearly indicates otherwise:
    21     "Academic and administrative support units."  Any
    22  organizational entity, as defined in the organizational manual
    23  of the university, that reports directly to the president of the
    24  university, chief academic officer or vice president, including
    25  the office of the president, chief academic officer and vice
    26  president.
    27     "Expenditures."  Disbursements or payments of State
    28  appropriations, tuition and fees supporting operational,
    29  educational or other general categories of expenses as defined
    30  in: the generally accepted accounting principles as prescribed
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     1  by the National Association of College and University Business
     2  Officers, the American Institute of Certified Public
     3  Accountants, or by their successors, or by any other recognized
     4  authoritative body; the "Commonwealth of Pennsylvania Budget
     5  Instructions for the State System of Higher Education, State-
     6  Related Universities and Non-State-Related Colleges and
     7  Universities"; and the financial reporting policies and
     8  standards promulgated by the Commonwealth of Pennsylvania and by
     9  the Federal Government that apply to the University of
    10  Pittsburgh.
    11     "Revenue."  All State appropriations and tuition and fees.
    12     (b)  The University of Pittsburgh shall disclose the
    13  following:
    14     (1)  Revenue and expenditure budgets of the university's
    15  academic and administrative support units for the current fiscal
    16  year.
    17     (2)  The actual revenue and expenditures for the prior year
    18  in the same format as the information reported under paragraph
    19  (1).
    20     (3)  For any defined project or program which is the subject
    21  of a specific line item appropriation from the General Fund, the
    22  university shall disclose the following:
    23     (i)  Revenue and expenditure budgets of the defined program
    24  or project for the current fiscal year.
    25     (ii)  The actual revenue and expenditures of the defined
    26  program or project for the prior year in the same format as the
    27  information reported under paragraph (1).
    28     (4)  The revenue and expenditures of any auxiliary enterprise
    29  which is directly funded in whole or in part by tuition or a
    30  State appropriation for the current fiscal year.
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     1     (c)  The university shall provide the following additional
     2  information for the prior fiscal year for each academic or
     3  administrative support unit, for each defined project or program
     4  and for any auxiliary enterprise:
     5     (1)  The number of employees by academic rank and by
     6  classification the number of administrators, staff, clerical and
     7  technical service employees.
     8     (2)  Median and mean salary by academic rank and by
     9  classification the median and mean salaries of administrators,
    10  staff, clerical and technical service employees.
    11     (3)  Nonsalary compensation as a percentage of salary.
    12  Nonsalary compensation shall include, but not be limited to,
    13  medical benefits, life insurance benefits, pension benefits,
    14  leave benefits, employer Social Security payments and workers'
    15  compensation benefits.
    16     (4)  A statement of the university's retirement policies.
    17     (5)  A policy statement relating to a reduction of tuition
    18  for employees' family members.
    19     (6)  A list of purchase of service contracts which exceed
    20  $1,000 by category of service, including, but not limited to,
    21  legal, instructional, management, accounting, architecture,
    22  public relations and maintenance. The list shall contain the
    23  name and address of the contractor, a statement of the nature of
    24  the duties of the contractor and the academic and administrative
    25  support unit for which the duties are performed. If a purchase
    26  of service contract exceeds 10% of the total aggregate
    27  expenditure of the contract category per academic or
    28  administrative support unit, then the contracted amount shall
    29  also be listed.
    30     (7)  A list of purchase of goods contracts which exceed
    20030H1375B1703                  - 8 -     

     1  $1,000. The list shall contain the name and address of the
     2  contractor and a list of the goods purchased and the academic or
     3  administrative support unit for which such goods were
     4  contracted. If a purchase of goods contract exceeds 10% of the
     5  total aggregate expenditure per academic or administrative
     6  support unit, then the contracted amount shall also be listed.
     7     (8)  A list by academic or administrative support unit in the
     8  aggregate, of the expenses of travel, subsistence and lodging,
     9  whether provided or reimbursed.
    10     (d)  The university shall submit a report of the information
    11  under subsections (b) and (c) to the Education Committee of the
    12  Senate and the Appropriations Committee of the Senate and the
    13  Education Committee of the House of Representatives and the
    14  Appropriations Committee of the House of Representatives. In
    15  addition, the university shall submit a copy of the report to
    16  each of the following:
    17     (1)  Governor's Office.
    18     (2)  Secretary of Education.
    19     (3)  State Treasurer.
    20     (4)  Auditor General.
    21     (5)  Joint State Government Commission.
    22  Each such institution shall maintain a copy of the report in the
    23  institution's library and shall submit a copy to each of the
    24  four State regional library resource centers.
    25     (e)  A university's report required to be submitted under
    26  this section shall be submitted within 180 days of the close of
    27  the university's current fiscal year.
    28     (f)  The Joint State Government Commission shall develop a
    29  statistical comparison analysis recognizing differences in
    30  missions from the reports made under this section. A majority of
    20030H1375B1703                  - 9 -     

     1  the members of the commission may request additional
     2  documentation, except for salary or identity of individuals,
     3  necessary to complete the comparative analysis. The comparison
     4  shall be provided to the Education Committee of the Senate and
     5  the Appropriations Committee of the Senate and the Education
     6  Committee of the House of Representatives and the Appropriations
     7  Committee of the House of Representatives and the four State
     8  regional libraries.
     9     (g)  The university shall make a copy of the minutes of each
    10  public meeting of the institution's board of trustees, as well
    11  as a copy of the institution's integrated postsecondary
    12  education data systems report, available for public inspection
    13  in the institution's library.
    14     Section 9.  The University of Pittsburgh shall provide full,
    15  complete and accurate information as may be required by the
    16  Department of Education or the chairman or the minority chairman
    17  of the Appropriations Committee of the Senate or the chairman or
    18  the minority chairman of the Appropriations Committee of the
    19  House of Representatives.
    20     Section 10.  The University of Pittsburgh shall present and
    21  report its financial statements required under the provisions of
    22  this act in accordance with: the generally accepted accounting
    23  principles as prescribed by the National Association of College
    24  and University Business Officers, the American Institute of
    25  Certified Public Accountants, or their successors, or by any
    26  other recognized authoritative body; the "Commonwealth of
    27  Pennsylvania Budget Instructions for the State System of Higher
    28  Education, State-Related Universities and Non-State-Related
    29  Colleges and Universities"; and the financial reporting policies
    30  and standards promulgated by the Commonwealth of Pennsylvania
    20030H1375B1703                 - 10 -     

     1  and by the Federal Government that apply to the University of
     2  Pittsburgh.
     3     Section 11.  The University of Pittsburgh shall make all
     4  articulation agreements with other higher education institutions
     5  available on the Internet.
     6     Section 12.  No funds appropriated by this act may be used
     7  for costs of personnel and operations of the environmental law
     8  clinic.
     9     Section 13.  This act shall take effect July 1, 2003, or
    10  immediately, whichever is later.














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