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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 3348                      PRINTER'S NO. 4149

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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
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     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
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     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
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     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.
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     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.















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