SENATE AMENDED PRIOR PRINTER'S NO. 3348 PRINTER'S NO. 4149
No. 2313 Session of 2008
INTRODUCED BY D. EVANS, MARCH 10, 2008
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 2, 2008
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, 2008, 19 to June 30, 2009, for the purposes and in the amounts as shown:
1 (1) For education and general expenses........ $267,451,000 2 (2) For the cost of agricultural research..... 25,094,000 <-- 3 (3) For the cost of agricultural extension 4 services.......................................... 29,787,000 5 (2) FOR THE COST OF AGRICULTURAL RESEARCH..... 25,594,000 <-- 6 (3) FOR THE COST OF AGRICULTURAL EXTENSION 7 SERVICES.......................................... 30,384,000 8 (4) To enhance the recruitment and retention 9 of disadvantaged students......................... 454,000 10 (5) For the Pennsylvania College of <-- 11 Technology........................................ 12,659,000 12 (5) FOR THE PENNSYLVANIA COLLEGE OF <-- 13 TECHNOLOGY........................................ 13,103,000 14 (6) For debt service related to the former 15 Williamsport Area Community College............... 1,389,000 16 Section 2. Payments to The Pennsylvania State University on 17 account of the appropriations for all items as provided in 18 section 1 shall be made on the basis of costs during the fiscal 19 year. 20 Section 3. If necessary, The Pennsylvania State University 21 may transfer funds listed in section 1(1) to the appropriation 22 listed in section 1(2), (3), (4), (5) and (6), provided that the 23 aggregate amount transferred out of section 1(1) shall not 24 exceed 5% of the amount specifically appropriated for that 25 purpose. 26 Section 4. (a) Payments to The Pennsylvania State 27 University of the appropriations provided in section 1 shall be 28 made monthly during the fiscal year. 29 (b) Such monthly payments shall be made in accordance with 30 the provisions of section 2 on the basis of estimated costs. The 20080H2313B4149 - 2 -
1 estimate of costs shall be submitted by The Pennsylvania State 2 University to the Secretary of Education, the General Assembly 3 and the State Treasurer not later than 30 days prior to the date 4 on which such payment is to be made. 5 Section 5. (a) The Pennsylvania State University shall 6 apply the moneys appropriated by this act only for such purposes 7 as are permitted in this act and shall at all times maintain 8 proper records showing the application of such moneys. Not later 9 than 120 days after the close of the fiscal year to which this 10 act relates, The Pennsylvania State University shall file, with 11 the Secretary of Education, the General Assembly and the Auditor 12 General of the Commonwealth, a statement setting forth the 13 amounts and purposes of all expenditures made from moneys 14 appropriated by this act and other university accounts during 15 said fiscal year, as provided in section 2, used as a basis for 16 receipt of any appropriation 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 Pennsylvania State University to the State 23 Treasurer. In respect to expenditures made by the university 24 from moneys other than those appropriated by this act, the 25 Auditor General shall have the right to review only, and he 26 shall file annually with the General Assembly such information 27 concerning such expenditures as the General Assembly or any of 28 its committees may require. 29 Section 6. A report shall be submitted to the Governor and <-- 30 the Appropriations and Education Committees of the Senate and 20080H2313B4149 - 3 -
1 House of Representatives and shall include data for all 2 programs. The report, to be submitted prior to September 1, 3 2009, shall cover the 12-month period beginning with the summer 4 term 2008 and shall include: 5 (1) The following counts and distributions for each term 6 during the period: 7 (i) The definitions and numbers of faculty members employed 8 full time, of faculty members employed part time, of full-time 9 students enrolled in graduate courses, of full-time students 10 enrolled in undergraduate courses, of part-time students 11 enrolled in graduate courses and of part-time students enrolled 12 in undergraduate courses. 13 (ii) The total numbers of undergraduate student credit 14 hours, divided into lower division and upper division course 15 levels, and of graduate student credit hours, divided into three 16 course levels--master's, first professional and doctoral. 17 (iii) The number of different courses scheduled by level of 18 instruction and the number of sections of individual instruction 19 scheduled by level of instruction, each further subdivided by 20 two-digit Classification of Instructional Program (CIP) 21 categories of instructional programs of higher education as 22 defined by the National Center for Education Statistics, United 23 States Department of Education. 24 (iv) The number of terms scheduled and the dates thereof. 25 (2) For the summer term and the following academic year in 26 total and for each two-digit CIP program category, a 27 classification of faculty members or other professional 28 employees by title, including: professor, associate professor, 29 assistant professor, instructor, lecturer, research associate, 30 librarian and academic administrator; faculty members or other 20080H2313B4149 - 4 -
1 professional employees under each title to be subdivided by type 2 of assignment: teaching and nonteaching; and each such set of 3 faculty members or other professional employees to be further 4 subdivided by type of employment: full-time or part-time; and 5 the following aggregates for each such subdivided 6 classification: 7 (i) The number of faculty and other professional employees 8 and their full-time equivalence in instructional and 9 noninstructional functions. 10 (ii) The sum of credits assigned to undergraduate classroom 11 courses and the sum of credits assigned to graduate classroom 12 courses taught, divided into lower division, upper division, 13 master's, first professional and doctoral course levels. 14 (iii) The sum of credits assigned to undergraduate 15 individual instruction courses and the sum of credits assigned 16 to graduate individual instruction courses taught, divided into 17 lower division, upper division, master's, first professional and 18 doctoral course levels. 19 (iv) The sum of undergraduate classroom student credit hours 20 and the sum of graduate classroom student credit hours 21 generated, divided into lower division, upper division, 22 master's, first professional and doctoral course levels. 23 (v) The sum of undergraduate individual instruction student 24 credit hours and the sum of graduate individual instruction 25 student credit hours generated, divided into lower division, 26 upper division, master's, first professional and doctoral course 27 levels. 28 (vi) The total salary paid for instructional functions and 29 for noninstructional functions and the amount of this salary 30 paid for each of these functions from university funds, Federal 20080H2313B4149 - 5 -
1 funds and other funds. 2 (3) For each term of the period covered for each faculty 3 member employed full time identified by two-digit CIP program 4 category and title, the report shall contain an analysis of the 5 average hours per week spent in university-related activities, 6 stating specifically hours spent in undergraduate classroom 7 contact and graduate classroom contact, hours spent in 8 preparation, hours spent in research and hours spent in public 9 service. 10 Section 7. In addition to the requirements in section 6 11 relative to this appropriation, the report covering the 12-month 12 period beginning with the summer term 2008 shall include for all 13 programs of the university: 14 (1) Minimum number of credits required for a baccalaureate 15 degree and for a master's degree. 16 (2) Number of bachelor's degrees, master's degrees, first 17 professional degrees and doctoral degrees awarded in 2004, 2005, 18 2006, 2007, 2008 and estimated 2009. 19 Section 8. (a) The following words and phrases when used in 20 this section shall have the meanings given to them in this 21 subsection unless the context clearly indicates otherwise: 22 "Academic and administrative support units." Any 23 organizational entity, as defined in the organizational manual 24 of the university, that reports directly to the president of the 25 university, chief academic officer or vice president, including 26 the office of the president, chief academic officer and vice 27 president. 28 "Expenditures." Disbursements or payments of State 29 appropriations, tuition and fees supporting operational, 30 educational or other general categories of expenses as defined 20080H2313B4149 - 6 -
1 in: the generally accepted accounting principles as prescribed 2 by the National Association of College and University Business 3 Officers, the American Institute of Certified Public 4 Accountants, or by their successors, or by any other recognized 5 authoritative body; the "Commonwealth of Pennsylvania Budget 6 Instructions for the State System of Higher Education, State- 7 Related Universities and Non-State-Related Colleges and 8 Universities"; and, the financial reporting policies and 9 standards promulgated by the Commonwealth of Pennsylvania and by 10 the Federal Government that apply to the Pennsylvania State 11 University. 12 "Revenue." All State appropriations and tuition and fees. 13 (b) The Pennsylvania State University shall disclose the 14 following: 15 (1) Revenue and expenditure budgets of the university's 16 academic and administrative support units for the current fiscal 17 year. 18 (2) The actual revenue and expenditures for the prior year 19 in the same format as the information reported under paragraph 20 (1). 21 (3) For any defined project or program which is the subject 22 of a specific line item appropriation from the General Fund, the 23 university shall disclose the following: 24 (i) Revenue and expenditure budgets of the defined program 25 or project for the current fiscal year. 26 (ii) The actual revenue and expenditures of the defined 27 program or project for the prior year in the same format as the 28 information reported under paragraph (1). 29 (4) The revenue and expenditures of any auxiliary enterprise 30 which is directly funded in whole or in part by tuition or a 20080H2313B4149 - 7 -
1 State appropriation for the current fiscal year. 2 (c) The university shall provide the following additional 3 information for the prior fiscal year for each academic or 4 administrative support unit, for each defined project or program 5 and for any auxiliary enterprise: 6 (1) The number of employees by academic rank and by 7 classification the number of administrators, staff, clerical and 8 technical service employees. 9 (2) Median and mean salary by academic rank and by 10 classification the median and mean salaries of administrators, 11 staff, clerical and technical service employees. 12 (3) Nonsalary compensation as a percentage of salary. 13 Nonsalary compensation shall include, but not be limited to, 14 medical benefits, life insurance benefits, pension benefits, 15 leave benefits, employer Social Security payments and workers' 16 compensation benefits. 17 (4) A statement of the university's retirement policies. 18 (5) A policy statement relating to a reduction of tuition 19 for employees' family members. 20 (6) A list of purchase of service contracts which exceed 21 $1,000 by category of service, including, but not limited to, 22 legal, instructional, management, accounting, architecture, 23 public relations and maintenance. The list shall contain the 24 name and address of the contractor, a statement of the nature of 25 the duties of the contractor and the academic and administrative 26 support unit for which the duties are performed. If a purchase 27 of service contract exceeds 10% of the total aggregate 28 expenditure of the contract category per academic or 29 administrative support unit, then the contracted amount shall 30 also be listed. 20080H2313B4149 - 8 -
1 (7) A list of purchase of goods contracts which exceed 2 $1,000. The list shall contain the name and address of the 3 contractor and a list of the goods purchased and the academic or 4 administrative support unit for which such goods were 5 contracted. If a purchase of goods contract exceeds 10% of the 6 total aggregate expenditure per academic or administrative 7 support unit, then the contracted amount shall also be listed. 8 (8) A list by academic or administrative support unit in the 9 aggregate, of the expenses of travel, subsistence and lodging, 10 whether provided or reimbursed. 11 (d) The university shall submit a report of the information 12 under subsections (b) and (c) to the Education Committee of the 13 Senate and the Appropriations Committee of the Senate and the 14 Education Committee of the House of Representatives and the 15 Appropriations Committee of the House of Representatives. In 16 addition, the university shall submit a copy of the report to 17 each of the following: 18 (1) Governor's Office. 19 (2) Secretary of Education. 20 (3) State Treasurer. 21 (4) Auditor General. 22 (5) Joint State Government Commission. 23 Each such institution shall maintain a copy of the report in the 24 institution's library and shall submit a copy to each of the 25 four State regional library resource centers. 26 (e) A university's report required to be submitted under 27 this section shall be submitted within 180 days of the close of 28 the university's current fiscal year. 29 (f) The Joint State Government Commission shall develop a 30 statistical comparison analysis recognizing differences in 20080H2313B4149 - 9 -
1 missions from the reports made under this section. A majority of 2 the members of the commission may request additional 3 documentation, except for salary or identity of individuals, 4 necessary to complete the comparative analysis. The comparison 5 shall be provided to the Education Committee of the Senate and 6 the Appropriations Committee of the Senate and the Education 7 Committee of the House of Representatives and the Appropriations 8 Committee of the House of Representatives and the four State 9 regional libraries. 10 (g) The university shall make a copy of the minutes of each 11 public meeting of the institution's board of trustees, as well 12 as a copy of the institution's integrated postsecondary 13 education data systems report, available for public inspection 14 in the institution's library. 15 Section 9 6. The Pennsylvania State University shall provide <-- 16 full, complete and accurate information as may be required by 17 the Department of Education or the chairman or the minority 18 chairman of the Appropriations Committee of the Senate or the 19 chairman or the minority chairman of the Appropriations 20 Committee of the House of Representatives. 21 Section 10 7. The Pennsylvania State University shall <-- 22 present and report its financial statements required under the 23 provisions of this act in accordance with: the generally 24 accepted accounting principles as prescribed by the National 25 Association of College and University Business Officers, the 26 American Institute of Certified Public Accountants, or their 27 successors, or by any other recognized authoritative body; the 28 "Commonwealth of Pennsylvania Budget Instructions for the State 29 System of Higher Education, State-Related Universities and Non- 30 State-Related Colleges and Universities"; and, the financial 20080H2313B4149 - 10 -
1 reporting policies and standards promulgated by the Commonwealth 2 of Pennsylvania and by the Federal Government that apply to the 3 Pennsylvania State University. 4 Section 11 8. The Pennsylvania State University shall make <-- 5 all articulation agreements with other higher education 6 institutions available on the Internet. 7 Section 12 9. This act shall take effect July 1, 2008, or <-- 8 immediately, whichever is later. C6L84RZ/20080H2313B4149 - 11 -