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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 3350                      PRINTER'S NO. 4151

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2315 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 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, for a method of accounting
    18     for the funds appropriated and for certain fiscal information
    19     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, 2008, to
    25  June 30, 2009, for the purposes and in the amounts as shown:

     1     (1)  For educational and general expenses......  $166,777,000
     2     (2)  For student life initiatives..............       435,000
     3     (3)  To enhance the recruitment and retention
     4  of disadvantaged students.........................       442,000
     5     (4)  For the teen suicide center at the Western
     6  Psychiatric Institute and Clinic..................       523,000
     7     (5)  For rural education outreach..............     2,157,000
     8     Section 2.  Payments to the University of Pittsburgh on
     9  account of the appropriations for all items as provided in
    10  section 1 shall be made on the basis of costs during the fiscal
    11  year.
    12     Section 3.  (a)  Payments to the University of Pittsburgh of
    13  the appropriations provided in section 1 shall be made monthly
    14  during the fiscal year.
    15     (b)  Such monthly payments shall be made in accordance with
    16  the provisions of section 2 on the basis of estimated costs. The
    17  estimate of costs shall be submitted by the University of
    18  Pittsburgh to the Secretary of Education, the General Assembly
    19  and the State Treasurer not later than 30 days prior to the date
    20  on which such payment is to be made.
    21     Section 4.  (a)  The University of Pittsburgh shall apply the
    22  moneys appropriated by this act only for such purposes as are
    23  permitted in this act and shall at all times maintain proper
    24  records showing the application of such moneys. Not later than
    25  120 days after the close of the fiscal year to which this act
    26  relates, the University of Pittsburgh shall file, with the
    27  Secretary of Education, the General Assembly, the Auditor
    28  General of the Commonwealth and the chief administrator of each
    29  branch campus, a statement setting forth the amounts and
    30  purposes of all expenditures made from moneys appropriated by
    20080H2315B4151                  - 2 -     

     1  this act and other university accounts during said fiscal year,
     2  as provided in section 2, used as a basis for receipt of any
     3  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 University of Pittsburgh to the State Treasurer.
    10  In respect to expenditures made by the university from moneys
    11  other than those appropriated by this act, the Auditor General
    12  shall have the right to review only, and he shall file annually
    13  with the General Assembly such information concerning such
    14  expenditures as the General Assembly or any of its committees
    15  may require.
    16     Section 5.  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
    19  programs. The report, to be submitted prior to September 1,
    20  2009, shall cover the 12-month period beginning with the summer
    21  term 2008 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
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     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.
    20080H2315B4151                  - 4 -     

     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 6.  In addition to the requirements in section 5
    28  relative to this appropriation, the report covering the 12-month
    29  period beginning with the summer term 2008 shall include for all
    30  programs of the university:
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     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 2004, 2005,
     5  2006, 2007, 2008 and estimated 2009.
     6     Section 7.  (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 University of
    28  Pittsburgh.
    29     "Revenue."  All State appropriations and tuition and fees.
    30     (b)  The University of Pittsburgh shall disclose the
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     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,
    20080H2315B4151                  - 7 -     

     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
    20080H2315B4151                  - 8 -     

     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
    20080H2315B4151                  - 9 -     

     1  in the institution's library.
     2     Section 8 5.  The University of Pittsburgh 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 9 6.  The University of Pittsburgh shall present and   <--
     9  report its financial statements required under the provisions of
    10  this act in accordance with: the generally accepted accounting
    11  principles as prescribed by the National Association of College
    12  and University Business Officers, the American Institute of
    13  Certified Public Accountants, or their successors, or by any
    14  other recognized authoritative body; the "Commonwealth of
    15  Pennsylvania Budget Instructions for the State System of Higher
    16  Education, State-Related Universities and Non-State-Related
    17  Colleges and Universities"; and the financial reporting policies
    18  and standards promulgated by the Commonwealth of Pennsylvania
    19  and by the Federal Government that apply to the University of
    20  Pittsburgh.
    21     Section 10 7.  The University of Pittsburgh shall make all     <--
    22  articulation agreements with other higher education institutions
    23  available on the Internet.
    24     Section 11 8.  No funds appropriated by this act may be used   <--
    25  for costs of personnel and operations of the environmental law
    26  clinic.
    27     Section 12 9.  This act shall take effect July 1, 2008, or     <--
    28  immediately, whichever is later.


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