SENATE AMENDED 20030H1375B3143 03177SFL:SA 03/06/03 #84 05/06/03 PRIOR PRINTER'S NOS. 1703, 2327 PRINTER'S NO. 3143
No. 1375 Session of 2003
INTRODUCED BY ARGALL, MAY 6, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 19, 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 (9) FOR RURAL EDUCATION OUTREACH.............. 1,013,000 <-- 15 Section 2. Payments to the University of Pittsburgh on 16 account of the appropriations for all items as provided in 17 section 1 shall be made on the basis of costs during the fiscal 18 year. 19 Section 3. If necessary, the University of Pittsburgh may 20 transfer funds between the appropriations listed in section 1(1) 21 and (3), provided that the aggregate amount transferred into or 22 out of each appropriation during the fiscal year shall not 23 exceed 5% of the amount specifically appropriated for that 24 purpose. 25 Section 4. (a) Payments to the University of Pittsburgh of 26 the appropriations provided in section 1 shall be made monthly 27 during the fiscal year. 28 (b) Such monthly payments shall be made in accordance with 29 the provisions of section 2 on the basis of estimated costs. The 30 estimate of costs shall be submitted by the University of 20030H1375B3143 - 2 -
1 Pittsburgh to the Secretary of Education, the General Assembly 2 and the State Treasurer not later than 30 days prior to the date 3 on which such payment is to be made. 4 Section 5. (a) Except as provided in subsection (c), the <-- 5 THE University of Pittsburgh shall apply the moneys appropriated <-- 6 by this act only for such purposes as are permitted in this act 7 and shall at all times maintain proper records showing the 8 application of such moneys. Not later than 120 days after the 9 close of the fiscal year to which this act relates, the 10 University of Pittsburgh shall file, with the Secretary of 11 Education, the General Assembly, the Auditor General of the 12 Commonwealth and the chief administrator of each branch campus, 13 a statement setting forth the amounts and purposes of all 14 expenditures made from moneys appropriated by this act and other 15 university accounts during said fiscal year, as provided in 16 section 2, used as a basis for receipt of any appropriation 17 during said fiscal year. 18 (b) Such statement of expenditures and costs shall be 19 reviewed by the Auditor General of the Commonwealth, and he 20 shall have the right, in respect to the moneys appropriated by 21 this act, to audit and disallow expenditures made for purposes 22 not permitted by this act and to cause such sums to be recovered 23 and paid by the University of Pittsburgh to the State Treasurer. 24 In respect to expenditures made by the university from moneys 25 other than those appropriated by this act, the Auditor General 26 shall have the right to review only, and he shall file annually 27 with the General Assembly such information concerning such 28 expenditures as the General Assembly or any of its committees 29 may require. 30 (c) Any moneys appropriated by this act that are applied on <-- 20030H1375B3143 - 3 -
1 an individual basis to students, including, but not limited to 2 student financial assistance, shall be applied in such a manner 3 that 75% of the appropriated funds are used for students who are 4 residents of this Commonwealth. 5 Section 6. A report shall be submitted to the Governor and 6 the Appropriations and Education Committees of the Senate and 7 House of Representatives and shall include data for all 8 programs, except for the Doctor of Medicine program. The report, 9 to be submitted prior to September 1, 2004, shall cover the 12- 10 month period beginning with the summer term 2003 and shall 11 include: 12 (1) The following counts and distributions for each term 13 during the period: 14 (i) The definitions and numbers of faculty members employed 15 full time, of faculty members employed part time, of full-time 16 students enrolled in graduate courses, of full-time students 17 enrolled in undergraduate courses, of part-time students 18 enrolled in graduate courses and of part-time students enrolled 19 in undergraduate courses. 20 (ii) The total numbers of undergraduate student credit 21 hours, divided into lower division and upper division course 22 levels, and of graduate student credit hours, divided into three 23 course levels--master's, first professional and doctoral. 24 (iii) The number of different courses scheduled by level of 25 instruction and the number of sections of individual instruction 26 scheduled by level of instruction, each further subdivided by 27 two-digit Classification of Instructional Program (CIP) 28 categories of instructional programs of higher education as 29 defined by the National Center for Education Statistics, United 30 States Department of Education. 20030H1375B3143 - 4 -
1 (iv) The number of terms scheduled and the dates thereof. 2 (2) For the summer term and the following academic year in 3 total and for each two-digit CIP program category, a 4 classification of faculty members or other professional 5 employees by title, including: professor, associate professor, 6 assistant professor, instructor, lecturer, research associate, 7 librarian and academic administrator; faculty members or other 8 professional employees under each title to be subdivided by type 9 of assignment: teaching and nonteaching; and each such set of 10 faculty members or other professional employees to be further 11 subdivided by type of employment: full-time or part-time; and 12 the following aggregates for each such subdivided 13 classification: 14 (i) The number of faculty and other professional employees 15 and their full-time equivalence in instructional and 16 noninstructional functions. 17 (ii) The sum of credits assigned to undergraduate classroom 18 courses and the sum of credits assigned to graduate classroom 19 courses taught, divided into lower division, upper division, 20 master's, first professional and doctoral course levels. 21 (iii) The sum of credits assigned to undergraduate 22 individual instruction courses and the sum of credits assigned 23 to graduate individual instruction courses taught, divided into 24 lower division, upper division, master's, first professional and 25 doctoral course levels. 26 (iv) The sum of undergraduate classroom student credit hours 27 and the sum of graduate classroom student credit hours 28 generated, divided into lower division, upper division, 29 master's, first professional and doctoral course levels. 30 (v) The sum of undergraduate individual instruction student 20030H1375B3143 - 5 -
1 credit hours and the sum of graduate individual instruction 2 student credit hours generated, divided into lower division, 3 upper division, master's, first professional and doctoral course 4 levels. 5 (vi) The total salary paid for instructional functions and 6 for noninstructional functions and the amount of this salary 7 paid for each of these functions from university funds, Federal 8 funds and other funds. 9 (3) For each term of the period covered for each faculty 10 member employed full time identified by two-digit CIP program 11 category and title, the report shall contain an analysis of the 12 average hours per week spent in university-related activities, 13 stating specifically hours spent in undergraduate classroom 14 contact and graduate classroom contact, hours spent in 15 preparation, hours spent in research and hours spent in public 16 service. 17 Section 7. In addition to the requirements in section 6 18 relative to this appropriation, the report covering the 12-month 19 period beginning with the summer term 2003 shall include for all 20 programs of the university: 21 (1) Minimum number of credits required for a baccalaureate 22 degree and for a master's degree. 23 (2) Number of bachelor's degrees, master's degrees, first 24 professional degrees and doctoral degrees awarded in 1999, 2000, 25 2001, 2002, 2003 and estimated 2004. 26 Section 8. (a) The following words and phrases when used in 27 this section shall have the meanings given to them in this 28 subsection unless the context clearly indicates otherwise: 29 "Academic and administrative support units." Any 30 organizational entity, as defined in the organizational manual 20030H1375B3143 - 6 -
1 of the university, that reports directly to the president of the 2 university, chief academic officer or vice president, including 3 the office of the president, chief academic officer and vice 4 president. 5 "Expenditures." Disbursements or payments of State 6 appropriations, tuition and fees supporting operational, 7 educational or other general categories of expenses as defined 8 in: the generally accepted accounting principles as prescribed 9 by the National Association of College and University Business 10 Officers, the American Institute of Certified Public 11 Accountants, or by their successors, or by any other recognized 12 authoritative body; the "Commonwealth of Pennsylvania Budget 13 Instructions for the State System of Higher Education, State- 14 Related Universities and Non-State-Related Colleges and 15 Universities"; and the financial reporting policies and 16 standards promulgated by the Commonwealth of Pennsylvania and by 17 the Federal Government that apply to the University of 18 Pittsburgh. 19 "Revenue." All State appropriations and tuition and fees. 20 (b) The University of Pittsburgh shall disclose the 21 following: 22 (1) Revenue and expenditure budgets of the university's 23 academic and administrative support units for the current fiscal 24 year. 25 (2) The actual revenue and expenditures for the prior year 26 in the same format as the information reported under paragraph 27 (1). 28 (3) For any defined project or program which is the subject 29 of a specific line item appropriation from the General Fund, the 30 university shall disclose the following: 20030H1375B3143 - 7 -
1 (i) Revenue and expenditure budgets of the defined program 2 or project for the current fiscal year. 3 (ii) The actual revenue and expenditures of the defined 4 program or project for the prior year in the same format as the 5 information reported under paragraph (1). 6 (4) The revenue and expenditures of any auxiliary enterprise 7 which is directly funded in whole or in part by tuition or a 8 State appropriation for the current fiscal year. 9 (c) The university shall provide the following additional 10 information for the prior fiscal year for each academic or 11 administrative support unit, for each defined project or program 12 and for any auxiliary enterprise: 13 (1) The number of employees by academic rank and by 14 classification the number of administrators, staff, clerical and 15 technical service employees. 16 (2) Median and mean salary by academic rank and by 17 classification the median and mean salaries of administrators, 18 staff, clerical and technical service employees. 19 (3) Nonsalary compensation as a percentage of salary. 20 Nonsalary compensation shall include, but not be limited to, 21 medical benefits, life insurance benefits, pension benefits, 22 leave benefits, employer Social Security payments and workers' 23 compensation benefits. 24 (4) A statement of the university's retirement policies. 25 (5) A policy statement relating to a reduction of tuition 26 for employees' family members. 27 (6) A list of purchase of service contracts which exceed 28 $1,000 by category of service, including, but not limited to, 29 legal, instructional, management, accounting, architecture, 30 public relations and maintenance. The list shall contain the 20030H1375B3143 - 8 -
1 name and address of the contractor, a statement of the nature of 2 the duties of the contractor and the academic and administrative 3 support unit for which the duties are performed. If a purchase 4 of service contract exceeds 10% of the total aggregate 5 expenditure of the contract category per academic or 6 administrative support unit, then the contracted amount shall 7 also be listed. 8 (7) A list of purchase of goods contracts which exceed 9 $1,000. The list shall contain the name and address of the 10 contractor and a list of the goods purchased and the academic or 11 administrative support unit for which such goods were 12 contracted. If a purchase of goods contract exceeds 10% of the 13 total aggregate expenditure per academic or administrative 14 support unit, then the contracted amount shall also be listed. 15 (8) A list by academic or administrative support unit in the 16 aggregate, of the expenses of travel, subsistence and lodging, 17 whether provided or reimbursed. 18 (d) The university shall submit a report of the information 19 under subsections (b) and (c) to the Education Committee of the 20 Senate and the Appropriations Committee of the Senate and the 21 Education Committee of the House of Representatives and the 22 Appropriations Committee of the House of Representatives. In 23 addition, the university shall submit a copy of the report to 24 each of the following: 25 (1) Governor's Office. 26 (2) Secretary of Education. 27 (3) State Treasurer. 28 (4) Auditor General. 29 (5) Joint State Government Commission. 30 Each such institution shall maintain a copy of the report in the 20030H1375B3143 - 9 -
1 institution's library and shall submit a copy to each of the 2 four State regional library resource centers. 3 (e) A university's report required to be submitted under 4 this section shall be submitted within 180 days of the close of 5 the university's current fiscal year. 6 (f) The Joint State Government Commission shall develop a 7 statistical comparison analysis recognizing differences in 8 missions from the reports made under this section. A majority of 9 the members of the commission may request additional 10 documentation, except for salary or identity of individuals, 11 necessary to complete the comparative analysis. The comparison 12 shall be provided to the Education Committee of the Senate and 13 the Appropriations Committee of the Senate and the Education 14 Committee of the House of Representatives and the Appropriations 15 Committee of the House of Representatives and the four State 16 regional libraries. 17 (g) The university shall make a copy of the minutes of each 18 public meeting of the institution's board of trustees, as well 19 as a copy of the institution's integrated postsecondary 20 education data systems report, available for public inspection 21 in the institution's library. 22 Section 9. The University of Pittsburgh shall provide full, 23 complete and accurate information as may be required by the 24 Department of Education or the chairman or the minority chairman 25 of the Appropriations Committee of the Senate or the chairman or 26 the minority chairman of the Appropriations Committee of the 27 House of Representatives. 28 Section 10. The University of Pittsburgh shall present and 29 report its financial statements required under the provisions of 30 this act in accordance with: the generally accepted accounting 20030H1375B3143 - 10 -
1 principles as prescribed by the National Association of College 2 and University Business Officers, the American Institute of 3 Certified Public Accountants, or their successors, or by any 4 other recognized authoritative body; the "Commonwealth of 5 Pennsylvania Budget Instructions for the State System of Higher 6 Education, State-Related Universities and Non-State-Related 7 Colleges and Universities"; and the financial reporting policies 8 and standards promulgated by the Commonwealth of Pennsylvania 9 and by the Federal Government that apply to the University of 10 Pittsburgh. 11 Section 11. The University of Pittsburgh shall make all 12 articulation agreements with other higher education institutions 13 available on the Internet. 14 Section 12. No funds appropriated by this act may be used 15 for costs of personnel and operations of the environmental law 16 clinic. 17 Section 13. This act shall take effect July 1, 2003, or <-- 18 immediately, whichever is later. IMMEDIATELY. <-- C6L84SFL/20030H1375B3143 - 11 -