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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 3672                      PRINTER'S NO. 4318

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2529 Session of 2004


        INTRODUCED BY ARGALL, APRIL 12, 2004

        SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JULY 3, 2004

                                  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, 2004,
    19  to June 30, 2005, for the purposes and in the amounts as shown:

     1     (1)  For educational and general expenses......  $239,434,000  <--
     2     (2)  For medical education.....................     4,793,000
     3     (3)  For children's hospital...................     4,793,000
     4     (4)  For the Central Pennsylvania Psychiatric
     5  Institute.........................................     1,864,000
     6     (5)  For the cost of agricultural research.....    22,922,000
     7     (6)  For the cost of agricultural extension
     8  services..........................................    27,580,000
     9     (7)  To enhance the recruitment and retention
    10  of disadvantaged students.........................       332,000
    11     (8)  For the Pennsylvania College of
    12  Technology........................................    11,673,000
    13     (9)  For debt service related to the former
    14  Williamsport Area Community College...............     1,379,000
    15     (1)  FOR EDUCATIONAL AND GENERAL EXPENSES......  $241,178,000  <--
    16     (2)  FOR MEDICAL EDUCATION.....................     4,829,000
    17     (3)  FOR CHILDREN'S HOSPITAL...................     4,829,000
    18     (4)  FOR THE CENTRAL PENNSYLVANIA PSYCHIATRIC
    19  INSTITUTE.........................................     1,878,000
    20     (5)  FOR THE COST OF AGRICULTURAL RESEARCH.....    23,094,000
    21     (6)  FOR THE COST OF AGRICULTURAL EXTENSION
    22  SERVICES..........................................    27,787,000
    23     (7)  TO ENHANCE THE RECRUITMENT AND RETENTION
    24  OF DISADVANTAGED STUDENTS.........................       434,000
    25     (8)  FOR THE PENNSYLVANIA COLLEGE OF
    26  TECHNOLOGY........................................    11,761,000
    27     (9)  FOR DEBT SERVICE RELATED TO THE FORMER
    28  WILLIAMSPORT AREA COMMUNITY COLLEGE...............     1,389,000
    29     Section 2.  Payments to The Pennsylvania State University on
    30  account of the appropriations for all items as provided in
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     1  section 1 shall be made on the basis of costs during the fiscal
     2  year.
     3     Section 3.  If necessary, The Pennsylvania State University
     4  may transfer funds among the appropriations listed in section     <--
     5  1(1), (4) and (5), provided that the aggregate amount
     6  transferred into or out of each appropriation during the fiscal
     7  year shall not exceed 5% of the amount specifically appropriated
     8  for that purpose. MAY TRANSFER FUNDS LISTED IN SECTION 1(1) TO    <--
     9  THE APPROPRIATION LISTED IN SECTION 1(2), (3), (4), (5), (6),
    10  (7), (8) AND (9), PROVIDED THAT THE AGGREGATE AMOUNT TRANSFERRED
    11  OUT OF SECTION 1(1) SHALL NOT EXCEED 5% OF THE AMOUNT
    12  SPECIFICALLY APPROPRIATED FOR THAT PURPOSE.
    13     Section 4.  (a)  Payments to The Pennsylvania State
    14  University of the appropriations provided in section 1 shall be
    15  made monthly during the fiscal year.
    16     (b)  Such monthly payments shall be made in accordance with
    17  the provisions of section 2 on the basis of estimated costs. The
    18  estimate of costs shall be submitted by The Pennsylvania State
    19  University to the Secretary of Education, the General Assembly
    20  and the State Treasurer not later than 30 days prior to the date
    21  on which such payment is to be made.
    22     Section 5.  (a)  The Pennsylvania State University shall
    23  apply the moneys appropriated by this act only for such purposes
    24  as are permitted in this act and shall at all times maintain
    25  proper records showing the application of such moneys. Not later
    26  than 120 days after the close of the fiscal year to which this
    27  act relates, The Pennsylvania State University shall file, with
    28  the Secretary of Education, the General Assembly and the Auditor
    29  General of the Commonwealth, a statement setting forth the
    30  amounts and purposes of all expenditures made from moneys
    20040H2529B4318                  - 3 -     

     1  appropriated by this act and other university accounts during
     2  said fiscal year, as provided in section 2, used as a basis for
     3  receipt of any appropriation during said fiscal year.
     4     (b)  Such statement of expenditures and costs shall be
     5  reviewed by the Auditor General of the Commonwealth, and he
     6  shall have the right, in respect to the moneys appropriated by
     7  this act, to audit and disallow expenditures made for purposes
     8  not permitted by this act and to cause such sums to be recovered
     9  and paid by The Pennsylvania State University to the State
    10  Treasurer. In respect to expenditures made by the university
    11  from moneys other than those appropriated by this act, the
    12  Auditor General shall have the right to review only, and he
    13  shall file annually with the General Assembly such information
    14  concerning such expenditures as the General Assembly or any of
    15  its committees may require.
    16     Section 6.  A report shall be submitted to the Governor and
    17  the Appropriations and Education Committees of the Senate and
    18  House of Representatives and shall include data for all programs
    19  except the Doctor of Medicine program. The report, to be
    20  submitted prior to September 1, 2005, shall cover the 12-month
    21  period beginning with the summer term 2004 and shall include:
    22     (1)  The following counts and distributions for each term
    23  during the period:
    24     (i)  The definitions and numbers of faculty members employed
    25  full time, of faculty members employed part time, of full-time
    26  students enrolled in graduate courses, of full-time students
    27  enrolled in undergraduate courses, of part-time students
    28  enrolled in graduate courses and of part-time students enrolled
    29  in undergraduate courses.
    30     (ii)  The total numbers of undergraduate student credit
    20040H2529B4318                  - 4 -     

     1  hours, divided into lower division and upper division course
     2  levels, and of graduate student credit hours, divided into three
     3  course levels--master's, first professional and doctoral.
     4     (iii)  The number of different courses scheduled by level of
     5  instruction and the number of sections of individual instruction
     6  scheduled by level of instruction, each further subdivided by
     7  two-digit Classification of Instructional Program (CIP)
     8  categories of instructional programs of higher education as
     9  defined by the National Center for Education Statistics, United
    10  States Department of Education.
    11     (iv)  The number of terms scheduled and the dates thereof.
    12     (2)  For the summer term and the following academic year in
    13  total and for each two-digit CIP program category, a
    14  classification of faculty members or other professional
    15  employees by title, including: professor, associate professor,
    16  assistant professor, instructor, lecturer, research associate,
    17  librarian and academic administrator; faculty members or other
    18  professional employees under each title to be subdivided by type
    19  of assignment: teaching and nonteaching; and each such set of
    20  faculty members or other professional employees to be further
    21  subdivided by type of employment: full-time or part-time; and
    22  the following aggregates for each such subdivided
    23  classification:
    24     (i)  The number of faculty and other professional employees
    25  and their full-time equivalence in instructional and
    26  noninstructional functions.
    27     (ii)  The sum of credits assigned to undergraduate classroom
    28  courses and the sum of credits assigned to graduate classroom
    29  courses taught, divided into lower division, upper division,
    30  master's, first professional and doctoral course levels.
    20040H2529B4318                  - 5 -     

     1     (iii)  The sum of credits assigned to undergraduate
     2  individual instruction courses and the sum of credits assigned
     3  to graduate individual instruction courses taught, divided into
     4  lower division, upper division, master's, first professional and
     5  doctoral course levels.
     6     (iv)  The sum of undergraduate classroom student credit hours
     7  and the sum of graduate classroom student credit hours
     8  generated, divided into lower division, upper division,
     9  master's, first professional and doctoral course levels.
    10     (v)  The sum of undergraduate individual instruction student
    11  credit hours and the sum of graduate individual instruction
    12  student credit hours generated, divided into lower division,
    13  upper division, master's, first professional and doctoral course
    14  levels.
    15     (vi)  The total salary paid for instructional functions and
    16  for noninstructional functions and the amount of this salary
    17  paid for each of these functions from university funds, Federal
    18  funds and other funds.
    19     (3)  For each term of the period covered for each faculty
    20  member employed full time identified by two-digit CIP program
    21  category and title, the report shall contain an analysis of the
    22  average hours per week spent in university-related activities,
    23  stating specifically hours spent in undergraduate classroom
    24  contact and graduate classroom contact, hours spent in
    25  preparation, hours spent in research and hours spent in public
    26  service.
    27     Section 7.  In addition to the requirements in section 6
    28  relative to this appropriation, the report covering the 12-month
    29  period beginning with the summer term 2004 shall include for all
    30  programs of the university:
    20040H2529B4318                  - 6 -     

     1     (1)  Minimum number of credits required for a baccalaureate
     2  degree and for a master's degree.
     3     (2)  Number of bachelor's degrees, master's degrees, first
     4  professional degrees and doctoral degrees awarded in 2000, 2001,
     5  2002, 2003, 2004 and estimated 2005.
     6     Section 8.  (a)  The following words and phrases when used in
     7  this section shall have the meanings given to them in this
     8  subsection unless the context clearly indicates otherwise:
     9     "Academic and administrative support units."  Any
    10  organizational entity, as defined in the organizational manual
    11  of the university, that reports directly to the president of the
    12  university, chief academic officer or vice president, including
    13  the office of the president, chief academic officer and vice
    14  president.
    15     "Expenditures."  Disbursements or payments of State
    16  appropriations, tuition and fees supporting operational,
    17  educational or other general categories of expenses as defined
    18  in: the generally accepted accounting principles as prescribed
    19  by the National Association of College and University Business
    20  Officers, the American Institute of Certified Public
    21  Accountants, or by their successors, or by any other recognized
    22  authoritative body; the "Commonwealth of Pennsylvania Budget
    23  Instructions for the State System of Higher Education, State-
    24  Related Universities and Non-State-Related Colleges and
    25  Universities"; and, the financial reporting policies and
    26  standards promulgated by the Commonwealth of Pennsylvania and by
    27  the Federal Government that apply to the Pennsylvania State
    28  University.
    29     "Revenue."  All State appropriations and tuition and fees.
    30     (b)  The Pennsylvania State University shall disclose the
    20040H2529B4318                  - 7 -     

     1  following:
     2     (1)  Revenue and expenditure budgets of the university's
     3  academic and administrative support units for the current fiscal
     4  year.
     5     (2)  The actual revenue and expenditures for the prior year
     6  in the same format as the information reported under paragraph
     7  (1).
     8     (3)  For any defined project or program which is the subject
     9  of a specific line item appropriation from the General Fund, the
    10  university shall disclose the following:
    11     (i)  Revenue and expenditure budgets of the defined program
    12  or project for the current fiscal year.
    13     (ii)  The actual revenue and expenditures of the defined
    14  program or project for the prior year in the same format as the
    15  information reported under paragraph (1).
    16     (4)  The revenue and expenditures of any auxiliary enterprise
    17  which is directly funded in whole or in part by tuition or a
    18  State appropriation for the current fiscal year.
    19     (c)  The university shall provide the following additional
    20  information for the prior fiscal year for each academic or
    21  administrative support unit, for each defined project or program
    22  and for any auxiliary enterprise:
    23     (1)  The number of employees by academic rank and by
    24  classification the number of administrators, staff, clerical and
    25  technical service employees.
    26     (2)  Median and mean salary by academic rank and by
    27  classification the median and mean salaries of administrators,
    28  staff, clerical and technical service employees.
    29     (3)  Nonsalary compensation as a percentage of salary.
    30  Nonsalary compensation shall include, but not be limited to,
    20040H2529B4318                  - 8 -     

     1  medical benefits, life insurance benefits, pension benefits,
     2  leave benefits, employer Social Security payments and workers'
     3  compensation benefits.
     4     (4)  A statement of the university's retirement policies.
     5     (5)  A policy statement relating to a reduction of tuition
     6  for employees' family members.
     7     (6)  A list of purchase of service contracts which exceed
     8  $1,000 by category of service, including, but not limited to,
     9  legal, instructional, management, accounting, architecture,
    10  public relations and maintenance. The list shall contain the
    11  name and address of the contractor, a statement of the nature of
    12  the duties of the contractor and the academic and administrative
    13  support unit for which the duties are performed. If a purchase
    14  of service contract exceeds 10% of the total aggregate
    15  expenditure of the contract category per academic or
    16  administrative support unit, then the contracted amount shall
    17  also be listed.
    18     (7)  A list of purchase of goods contracts which exceed
    19  $1,000. The list shall contain the name and address of the
    20  contractor and a list of the goods purchased and the academic or
    21  administrative support unit for which such goods were
    22  contracted. If a purchase of goods contract exceeds 10% of the
    23  total aggregate expenditure per academic or administrative
    24  support unit, then the contracted amount shall also be listed.
    25     (8)  A list by academic or administrative support unit in the
    26  aggregate, of the expenses of travel, subsistence and lodging,
    27  whether provided or reimbursed.
    28     (d)  The university shall submit a report of the information
    29  under subsections (b) and (c) to the Education Committee of the
    30  Senate and the Appropriations Committee of the Senate and the
    20040H2529B4318                  - 9 -     

     1  Education Committee of the House of Representatives and the
     2  Appropriations Committee of the House of Representatives. In
     3  addition, the university shall submit a copy of the report to
     4  each of the following:
     5     (1)  Governor's Office.
     6     (2)  Secretary of Education.
     7     (3)  State Treasurer.
     8     (4)  Auditor General.
     9     (5)  Joint State Government Commission.
    10  Each such institution shall maintain a copy of the report in the
    11  institution's library and shall submit a copy to each of the
    12  four State regional library resource centers.
    13     (e)  A university's report required to be submitted under
    14  this section shall be submitted within 180 days of the close of
    15  the university's current fiscal year.
    16     (f)  The Joint State Government Commission shall develop a
    17  statistical comparison analysis recognizing differences in
    18  missions from the reports made under this section. A majority of
    19  the members of the commission may request additional
    20  documentation, except for salary or identity of individuals,
    21  necessary to complete the comparative analysis. The comparison
    22  shall be provided to the Education Committee of the Senate and
    23  the Appropriations Committee of the Senate and the Education
    24  Committee of the House of Representatives and the Appropriations
    25  Committee of the House of Representatives and the four State
    26  regional libraries.
    27     (g)  The university shall make a copy of the minutes of each
    28  public meeting of the institution's board of trustees, as well
    29  as a copy of the institution's integrated postsecondary
    30  education data systems report, available for public inspection
    20040H2529B4318                 - 10 -     

     1  in the institution's library.
     2     Section 9.  The Pennsylvania State University shall provide
     3  full, complete and accurate information as may be required by
     4  the Department of Education or the chairman or the minority
     5  chairman of the Appropriations Committee of the Senate or the
     6  chairman or the minority chairman of the Appropriations
     7  Committee of the House of Representatives.
     8     Section 10.  The Pennsylvania State University shall present
     9  and report its financial statements required under the
    10  provisions of this act in accordance with: the generally
    11  accepted accounting principles as prescribed by the National
    12  Association of College and University Business Officers, the
    13  American Institute of Certified Public Accountants, or their
    14  successors, or by any other recognized authoritative body; the
    15  "Commonwealth of Pennsylvania Budget Instructions for the State
    16  System of Higher Education, State-Related Universities and Non-
    17  State-Related Colleges and Universities"; and, the financial
    18  reporting policies and standards promulgated by the Commonwealth
    19  of Pennsylvania and by the Federal Government that apply to the
    20  Pennsylvania State University.
    21     Section 11.  The Pennsylvania State University shall make all
    22  articulation agreements with other higher education institutions
    23  available on the Internet.
    24     Section 12.  This act shall take effect July 1, 2004, or
    25  immediately, whichever is later.




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