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        PRIOR PRINTER'S NO. 1703                      PRINTER'S NO. 2327

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1375 Session of 2003


        INTRODUCED BY ARGALL, MAY 6, 2003

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JULY 1, 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:


     1     (1)  For educational and general expenses......  $145,625,000
     2     (2)  For student life initiatives..............       413,000
     3     (3)  For instruction - Doctor of Medicine only.     6,558,000
     4     (4)  For operation of dental clinics in the
     5  school of dentistry...............................     1,029,000
     6     (5)  To enhance the recruitment and retention
     7  of disadvantaged students.........................       321,000
     8     (6)  For general maintenance and operation of
     9  the Western Psychiatric Institute and Clinic......     7,682,000
    10     (7)  For the teen suicide center at the Western
    11  Psychiatric Institute and Clinic..................       496,000
    12     (8)  For the Graduate School of Public Health..       249,000
    13     (9)  For rural education outreach..............       963,000
    14     Section 2.  Payments to the University of Pittsburgh on
    15  account of the appropriations for all items as provided in
    16  section 1 shall be made on the basis of costs during the fiscal
    17  year.
    18     Section 3.  If necessary, the University of Pittsburgh may
    19  transfer funds between the appropriations listed in section 1(1)
    20  and (3), provided that the aggregate amount transferred into or
    21  out of each appropriation during the fiscal year shall not
    22  exceed 5% of the amount specifically appropriated for that
    23  purpose.
    24     Section 4.  (a)  Payments to the University of Pittsburgh of
    25  the appropriations provided in section 1 shall be made monthly
    26  during the fiscal year.
    27     (b)  Such monthly payments shall be made in accordance with
    28  the provisions of section 2 on the basis of estimated costs. The
    29  estimate of costs shall be submitted by the University of
    30  Pittsburgh to the Secretary of Education, the General Assembly
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     1  and the State Treasurer not later than 30 days prior to the date
     2  on which such payment is to be made.
     3     Section 5.  (a)  The EXCEPT AS PROVIDED IN SUBSECTION (C),     <--
     4  THE University of Pittsburgh shall apply the moneys appropriated
     5  by this act only for such purposes as are permitted in this act
     6  and shall at all times maintain proper records showing the
     7  application of such moneys. Not later than 120 days after the
     8  close of the fiscal year to which this act relates, the
     9  University of Pittsburgh shall file, with the Secretary of
    10  Education, the General Assembly, the Auditor General of the
    11  Commonwealth and the chief administrator of each branch campus,
    12  a statement setting forth the amounts and purposes of all
    13  expenditures made from moneys appropriated by this act and other
    14  university accounts during said fiscal year, as provided in
    15  section 2, used as a basis for receipt of any appropriation
    16  during said fiscal year.
    17     (b)  Such statement of expenditures and costs shall be
    18  reviewed by the Auditor General of the Commonwealth, and he
    19  shall have the right, in respect to the moneys appropriated by
    20  this act, to audit and disallow expenditures made for purposes
    21  not permitted by this act and to cause such sums to be recovered
    22  and paid by the University of Pittsburgh to the State Treasurer.
    23  In respect to expenditures made by the university from moneys
    24  other than those appropriated by this act, the Auditor General
    25  shall have the right to review only, and he shall file annually
    26  with the General Assembly such information concerning such
    27  expenditures as the General Assembly or any of its committees
    28  may require.
    29     (C)  ANY MONEYS APPROPRIATED BY THIS ACT THAT ARE APPLIED ON   <--
    30  AN INDIVIDUAL BASIS TO STUDENTS, INCLUDING, BUT NOT LIMITED TO
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     1  STUDENT FINANCIAL ASSISTANCE, SHALL BE APPLIED IN SUCH A MANNER
     2  THAT 75% OF THE APPROPRIATED FUNDS ARE USED FOR STUDENTS WHO ARE
     3  RESIDENTS OF THIS COMMONWEALTH.
     4     Section 6.  A report shall be submitted to the Governor and
     5  the Appropriations and Education Committees of the Senate and
     6  House of Representatives and shall include data for all
     7  programs, except for the Doctor of Medicine program. The report,
     8  to be submitted prior to September 1, 2004, shall cover the 12-
     9  month period beginning with the summer term 2003 and shall
    10  include:
    11     (1)  The following counts and distributions for each term
    12  during the period:
    13     (i)  The definitions and numbers of faculty members employed
    14  full time, of faculty members employed part time, of full-time
    15  students enrolled in graduate courses, of full-time students
    16  enrolled in undergraduate courses, of part-time students
    17  enrolled in graduate courses and of part-time students enrolled
    18  in undergraduate courses.
    19     (ii)  The total numbers of undergraduate student credit
    20  hours, divided into lower division and upper division course
    21  levels, and of graduate student credit hours, divided into three
    22  course levels--master's, first professional and doctoral.
    23     (iii)  The number of different courses scheduled by level of
    24  instruction and the number of sections of individual instruction
    25  scheduled by level of instruction, each further subdivided by
    26  two-digit Classification of Instructional Program (CIP)
    27  categories of instructional programs of higher education as
    28  defined by the National Center for Education Statistics, United
    29  States Department of Education.
    30     (iv)  The number of terms scheduled and the dates thereof.
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     1     (2)  For the summer term and the following academic year in
     2  total and for each two-digit CIP program category, a
     3  classification of faculty members or other professional
     4  employees by title, including: professor, associate professor,
     5  assistant professor, instructor, lecturer, research associate,
     6  librarian and academic administrator; faculty members or other
     7  professional employees under each title to be subdivided by type
     8  of assignment: teaching and nonteaching; and each such set of
     9  faculty members or other professional employees to be further
    10  subdivided by type of employment: full-time or part-time; and
    11  the following aggregates for each such subdivided
    12  classification:
    13     (i)  The number of faculty and other professional employees
    14  and their full-time equivalence in instructional and
    15  noninstructional functions.
    16     (ii)  The sum of credits assigned to undergraduate classroom
    17  courses and the sum of credits assigned to graduate classroom
    18  courses taught, divided into lower division, upper division,
    19  master's, first professional and doctoral course levels.
    20     (iii)  The sum of credits assigned to undergraduate
    21  individual instruction courses and the sum of credits assigned
    22  to graduate individual instruction courses taught, divided into
    23  lower division, upper division, master's, first professional and
    24  doctoral course levels.
    25     (iv)  The sum of undergraduate classroom student credit hours
    26  and the sum of graduate classroom student credit hours
    27  generated, divided into lower division, upper division,
    28  master's, first professional and doctoral course levels.
    29     (v)  The sum of undergraduate individual instruction student
    30  credit hours and the sum of graduate individual instruction
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     1  student credit hours generated, divided into lower division,
     2  upper division, master's, first professional and doctoral course
     3  levels.
     4     (vi)  The total salary paid for instructional functions and
     5  for noninstructional functions and the amount of this salary
     6  paid for each of these functions from university funds, Federal
     7  funds and other funds.
     8     (3)  For each term of the period covered for each faculty
     9  member employed full time identified by two-digit CIP program
    10  category and title, the report shall contain an analysis of the
    11  average hours per week spent in university-related activities,
    12  stating specifically hours spent in undergraduate classroom
    13  contact and graduate classroom contact, hours spent in
    14  preparation, hours spent in research and hours spent in public
    15  service.
    16     Section 7.  In addition to the requirements in section 6
    17  relative to this appropriation, the report covering the 12-month
    18  period beginning with the summer term 2003 shall include for all
    19  programs of the university:
    20     (1)  Minimum number of credits required for a baccalaureate
    21  degree and for a master's degree.
    22     (2)  Number of bachelor's degrees, master's degrees, first
    23  professional degrees and doctoral degrees awarded in 1999, 2000,
    24  2001, 2002, 2003 and estimated 2004.
    25     Section 8.  (a)  The following words and phrases when used in
    26  this section shall have the meanings given to them in this
    27  subsection unless the context clearly indicates otherwise:
    28     "Academic and administrative support units."  Any
    29  organizational entity, as defined in the organizational manual
    30  of the university, that reports directly to the president of the
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     1  university, chief academic officer or vice president, including
     2  the office of the president, chief academic officer and vice
     3  president.
     4     "Expenditures."  Disbursements or payments of State
     5  appropriations, tuition and fees supporting operational,
     6  educational or other general categories of expenses as defined
     7  in: the generally accepted accounting principles as prescribed
     8  by the National Association of College and University Business
     9  Officers, the American Institute of Certified Public
    10  Accountants, or by their successors, or by any other recognized
    11  authoritative body; the "Commonwealth of Pennsylvania Budget
    12  Instructions for the State System of Higher Education, State-
    13  Related Universities and Non-State-Related Colleges and
    14  Universities"; and the financial reporting policies and
    15  standards promulgated by the Commonwealth of Pennsylvania and by
    16  the Federal Government that apply to the University of
    17  Pittsburgh.
    18     "Revenue."  All State appropriations and tuition and fees.
    19     (b)  The University of Pittsburgh shall disclose the
    20  following:
    21     (1)  Revenue and expenditure budgets of the university's
    22  academic and administrative support units for the current fiscal
    23  year.
    24     (2)  The actual revenue and expenditures for the prior year
    25  in the same format as the information reported under paragraph
    26  (1).
    27     (3)  For any defined project or program which is the subject
    28  of a specific line item appropriation from the General Fund, the
    29  university shall disclose the following:
    30     (i)  Revenue and expenditure budgets of the defined program
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     1  or project for the current fiscal year.
     2     (ii)  The actual revenue and expenditures of the defined
     3  program or project for the prior year in the same format as the
     4  information reported under paragraph (1).
     5     (4)  The revenue and expenditures of any auxiliary enterprise
     6  which is directly funded in whole or in part by tuition or a
     7  State appropriation for the current fiscal year.
     8     (c)  The university shall provide the following additional
     9  information for the prior fiscal year for each academic or
    10  administrative support unit, for each defined project or program
    11  and for any auxiliary enterprise:
    12     (1)  The number of employees by academic rank and by
    13  classification the number of administrators, staff, clerical and
    14  technical service employees.
    15     (2)  Median and mean salary by academic rank and by
    16  classification the median and mean salaries of administrators,
    17  staff, clerical and technical service employees.
    18     (3)  Nonsalary compensation as a percentage of salary.
    19  Nonsalary compensation shall include, but not be limited to,
    20  medical benefits, life insurance benefits, pension benefits,
    21  leave benefits, employer Social Security payments and workers'
    22  compensation benefits.
    23     (4)  A statement of the university's retirement policies.
    24     (5)  A policy statement relating to a reduction of tuition
    25  for employees' family members.
    26     (6)  A list of purchase of service contracts which exceed
    27  $1,000 by category of service, including, but not limited to,
    28  legal, instructional, management, accounting, architecture,
    29  public relations and maintenance. The list shall contain the
    30  name and address of the contractor, a statement of the nature of
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     1  the duties of the contractor and the academic and administrative
     2  support unit for which the duties are performed. If a purchase
     3  of service contract exceeds 10% of the total aggregate
     4  expenditure of the contract category per academic or
     5  administrative support unit, then the contracted amount shall
     6  also be listed.
     7     (7)  A list of purchase of goods contracts which exceed
     8  $1,000. The list shall contain the name and address of the
     9  contractor and a list of the goods purchased and the academic or
    10  administrative support unit for which such goods were
    11  contracted. If a purchase of goods contract exceeds 10% of the
    12  total aggregate expenditure per academic or administrative
    13  support unit, then the contracted amount shall also be listed.
    14     (8)  A list by academic or administrative support unit in the
    15  aggregate, of the expenses of travel, subsistence and lodging,
    16  whether provided or reimbursed.
    17     (d)  The university shall submit a report of the information
    18  under subsections (b) and (c) to the Education Committee of the
    19  Senate and the Appropriations Committee of the Senate and the
    20  Education Committee of the House of Representatives and the
    21  Appropriations Committee of the House of Representatives. In
    22  addition, the university shall submit a copy of the report to
    23  each of the following:
    24     (1)  Governor's Office.
    25     (2)  Secretary of Education.
    26     (3)  State Treasurer.
    27     (4)  Auditor General.
    28     (5)  Joint State Government Commission.
    29  Each such institution shall maintain a copy of the report in the
    30  institution's library and shall submit a copy to each of the
    20030H1375B2327                  - 9 -     

     1  four State regional library resource centers.
     2     (e)  A university's report required to be submitted under
     3  this section shall be submitted within 180 days of the close of
     4  the university's current fiscal year.
     5     (f)  The Joint State Government Commission shall develop a
     6  statistical comparison analysis recognizing differences in
     7  missions from the reports made under this section. A majority of
     8  the members of the commission may request additional
     9  documentation, except for salary or identity of individuals,
    10  necessary to complete the comparative analysis. The comparison
    11  shall be provided to the Education Committee of the Senate and
    12  the Appropriations Committee of the Senate and the Education
    13  Committee of the House of Representatives and the Appropriations
    14  Committee of the House of Representatives and the four State
    15  regional libraries.
    16     (g)  The university shall make a copy of the minutes of each
    17  public meeting of the institution's board of trustees, as well
    18  as a copy of the institution's integrated postsecondary
    19  education data systems report, available for public inspection
    20  in the institution's library.
    21     Section 9.  The University of Pittsburgh shall provide full,
    22  complete and accurate information as may be required by the
    23  Department of Education or the chairman or the minority chairman
    24  of the Appropriations Committee of the Senate or the chairman or
    25  the minority chairman of the Appropriations Committee of the
    26  House of Representatives.
    27     Section 10.  The University of Pittsburgh shall present and
    28  report its financial statements required under the provisions of
    29  this act in accordance with: the generally accepted accounting
    30  principles as prescribed by the National Association of College
    20030H1375B2327                 - 10 -     

     1  and University Business Officers, the American Institute of
     2  Certified Public Accountants, or their successors, or by any
     3  other recognized authoritative body; the "Commonwealth of
     4  Pennsylvania Budget Instructions for the State System of Higher
     5  Education, State-Related Universities and Non-State-Related
     6  Colleges and Universities"; and the financial reporting policies
     7  and standards promulgated by the Commonwealth of Pennsylvania
     8  and by the Federal Government that apply to the University of
     9  Pittsburgh.
    10     Section 11.  The University of Pittsburgh shall make all
    11  articulation agreements with other higher education institutions
    12  available on the Internet.
    13     Section 12.  No funds appropriated by this act may be used
    14  for costs of personnel and operations of the environmental law
    15  clinic.
    16     Section 13.  This act shall take effect July 1, 2003, or
    17  immediately, whichever is later.









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