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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BAKER, HANNA, CLYMER, FLECK, AUMENT, BOYD, CALTAGIRONE, CARROLL, DALEY, EVERETT, FABRIZIO, GEIST, GEORGE, GOODMAN, GROVE, KORTZ, KULA, MICOZZIE, MILLER, MILNE, MUNDY, MURT, MYERS, PAYTON, QUINN AND WATSON, APRIL 13, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, APRIL 13, 2011 |
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| AN ACT |
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1 | Authorizing State-owned universities and the employees thereof |
2 | to enter into certain agreements with affiliated entities; |
3 | providing for doctoral degrees; and making repeals. |
4 | TABLE OF CONTENTS |
5 | Chapter 1. General Provisions |
6 | Section 101. Short title. |
7 | Section 102. Definitions. |
8 | Section 103. Purpose. |
9 | Chapter 3. Economic Development |
10 | Section 301. Applicability. |
11 | Section 302. Agreements authorized. |
12 | Section 303. Approval and notice. |
13 | Section 304. Construction. |
14 | Chapter 5. Relations with Private Affiliated Entities |
15 | Section 501. Scope of chapter. |
16 | Section 502. Applicability. |
17 | Section 503. Authorized transactions. |
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1 | Section 504. Prohibition. |
2 | Section 505. Limitations. |
3 | Section 506. Status. |
4 | Chapter 7. Doctoral Degrees |
5 | Section 701. Authorization. |
6 | Section 702. Parameters. |
7 | Chapter 9. Miscellaneous Provisions |
8 | Section 901. Repeals. |
9 | Section 902. Effective date. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | CHAPTER 1 |
13 | GENERAL PROVISIONS |
14 | Section 101. Short title. |
15 | This act shall be known and may be cited as the Commonwealth |
16 | Higher Education Modernization Act of 2011. |
17 | Section 102. Definitions. |
18 | The following words and phrases when used in this act shall |
19 | have the meanings given to them in this section unless the |
20 | context clearly indicates otherwise: |
21 | "Affiliated entity." A private nonprofit corporation with |
22 | the sole purpose of benefiting the State System of Higher |
23 | Education or a State-owned university. |
24 | "Board." The Board of Governors of the State System of |
25 | Higher Education authorized by section 2004-A of the act of |
26 | March 10, 1949 (P.L.30, No.14), known as the Public School Code |
27 | of 1949. |
28 | "Economic development transaction." An agreement that allows |
29 | a State-owned university to develop and market intellectual |
30 | property owned or created by a State System of Higher Education |
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1 | employee. |
2 | "Immediate family member." A parent, spouse, child, brother |
3 | or sister. |
4 | "PASSHE employee." An individual employed by the State |
5 | System of Higher Education or one of its constituent |
6 | universities. |
7 | "State-owned university." One of the institutions under the |
8 | State System of Higher Education or any other institution that |
9 | may be admitted to the State System of Higher Education |
10 | subsequent to the effective date of this section in accordance |
11 | with the provisions of the act of March 10, 1949 (P.L.30, |
12 | No.14), known as the Public School Code of 1949. |
13 | "System." The State System of Higher Education created by |
14 | the act of March 10, 1949 (P.L.30, No.14), known as the Public |
15 | School Code of 1949. |
16 | Section 103. Purpose. |
17 | The General Assembly recognizes the following public policy |
18 | purposes: |
19 | (1) The system and State-owned universities are valuable |
20 | resources for the communities where they were founded as well |
21 | as to this Commonwealth as a whole. |
22 | (2) The system and State-owned universities are vital |
23 | for community and economic development within their |
24 | communities as well as to this Commonwealth as a whole. |
25 | (3) The State-owned universities are vital economic |
26 | drivers in the communities where they are located. In order |
27 | to maximize this value to the Commonwealth and its citizens, |
28 | it is important that the system and State-owned universities |
29 | have the ability to assist PASSHE employees in developing |
30 | academic research and other intellectual property that can |
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1 | lead to jobs and other economic development within this |
2 | Commonwealth. |
3 | (4) The system and State-owned universities need the |
4 | ability and flexibility to develop and maintain close and |
5 | integrated relationships with affiliated entities that raise |
6 | and utilize nonpublic funds to benefit and promote the system |
7 | and its universities. |
8 | CHAPTER 3 |
9 | ECONOMIC DEVELOPMENT |
10 | Section 301. Applicability. |
11 | This chapter shall apply to all economic development |
12 | transactions entered into by State-owned universities and PASSHE |
13 | employees. |
14 | Section 302. Agreements authorized. |
15 | State-owned universities and PASSHE employees may enter into |
16 | agreements for economic development transactions that inure to |
17 | the benefit of the State-owned university and PASSHE employees. |
18 | Section 303. Approval and notice. |
19 | Agreements entered into under this chapter shall be reviewed |
20 | and approved in accordance with the form and legality review |
21 | provisions of the act of October 15, 1980 (P.L.950, No.164), |
22 | known as the Commonwealth Attorneys Act. All agreements |
23 | authorized by this chapter shall be made available to the public |
24 | by listing them with the Treasury Department in accordance with |
25 | the provisions of Chapter 17 of the act of February 14, 2008 |
26 | (P.L.6, No.3), known as the Right-to-Know Law. |
27 | Section 304. Construction. |
28 | Nothing in this act shall be construed to: |
29 | (1) Alter, impair or limit the terms or conditions of |
30 | any sponsorship agreement, grant agreement, collective |
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1 | bargaining agreement or other contract. |
2 | (2) Authorize the unlawful use of public resources by |
3 | private individuals in the development of intellectual |
4 | property. |
5 | CHAPTER 5 |
6 | RELATIONS WITH PRIVATE AFFILIATED ENTITIES |
7 | Section 501. Scope of chapter. |
8 | This chapter shall govern the relationships between the |
9 | system or a State-owned university and affiliated entities that |
10 | are incorporated for the sole purpose of benefiting the system |
11 | or State-owned university. |
12 | Section 502. Applicability. |
13 | (a) Purpose.--In order for this chapter to apply to an |
14 | affiliated entity, the affiliated entity must exist for the sole |
15 | purpose of benefiting the system or a State-owned university. |
16 | Affiliated entities may raise and utilize nonpublic funds to |
17 | benefit and promote the system or a State-owned university. |
18 | (b) Affiliation agreements.--A formal, written affiliation |
19 | agreement between a government entity and the affiliated entity |
20 | and the system or State-owned university must: |
21 | (1) Establish the relationship between the parties. |
22 | (2) State the terms and conditions of the relationship |
23 | between the parties. |
24 | (3) Comply with all policies or requirements established |
25 | by the board. |
26 | (4) Be submitted to the board and made available to the |
27 | public. |
28 | Section 503. Authorized transactions. |
29 | (a) General rule.--PASSHE employees may voluntarily provide |
30 | services to an affiliated entity as part of the mission of the |
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1 | system or a State-owned university and such shall not be a |
2 | violation of the act of July 19, 1957 (P.L.1017, No.451), known |
3 | as the State Adverse Interest Act. |
4 | (b) Agents.-- |
5 | (1) PASSHE employees may serve as agents, officers or |
6 | representatives of an affiliated entity. |
7 | (2) PASSHE employees serving in such roles shall clearly |
8 | identify themselves as an agent of the affiliated entity when |
9 | serving in such capacity and specify that they are not |
10 | representing the system or State-owned university in the |
11 | instances and transactions. |
12 | (c) Joint fundraising.--The system and State-owned |
13 | universities may coordinate and jointly engage in fundraising |
14 | activities with an affiliated entity in order to raise moneys |
15 | for the affiliated entity as long as the moneys are used to |
16 | directly inure to the benefit of the system or State-owned |
17 | university for the purposes stated in this act. |
18 | Section 504. Prohibition. |
19 | No PASSHE employee or immediate family member of a PASSHE |
20 | employee serving in any capacity with an affiliated entity may |
21 | receive a thing of value from the affiliated entity, except |
22 | tokens presented or provided for such service which are of de |
23 | minimis economic value. |
24 | Section 505. Limitations. |
25 | (a) General rule.--Nothing in this chapter shall be |
26 | construed as authorizing or granting power to an affiliated |
27 | entity at any time or in any manner to enter into any |
28 | transactions or any agreements on behalf of the system or a |
29 | State-owned university. |
30 | (b) No liability for debts of affiliated entity.--Neither |
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1 | the system nor a State-owned university shall be responsible for |
2 | the payment of any debts or satisfaction of any obligations |
3 | incurred by an affiliated entity. |
4 | Section 506. Status. |
5 | Affiliated entities recognized under this chapter shall not |
6 | be considered instrumentalities or agencies of the Commonwealth. |
7 | The Commonwealth shall not have any ownership interest in the |
8 | corporation and all affiliated entities shall continue to be |
9 | considered private corporations. |
10 | CHAPTER 7 |
11 | DOCTORAL DEGREES |
12 | Section 701. Authorization. |
13 | (a) General rule.--In addition to the Indiana University of |
14 | Pennsylvania, all State-owned universities may provide graduate |
15 | instruction at the doctoral level in areas of study leading to |
16 | professional doctorates, also known as applied doctorates. |
17 | Professional doctoral degrees need not be offered in conjunction |
18 | with any other institution chartered to offer education at the |
19 | doctoral level. |
20 | (b) Exception.--The authorization under subsection (a) does |
21 | not include the Doctor of Philosophy (Ph.D.) degree for any |
22 | State-owned university, except for the Indiana University of |
23 | Pennsylvania. |
24 | Section 702. Parameters. |
25 | (a) Duty to comply.--State-owned universities must comply |
26 | with all criteria established by the board and satisfy all |
27 | requirements deemed necessary by the board in order to provide |
28 | doctoral-level degrees. |
29 | (b) Criteria.--The criteria shall include, but not be |
30 | limited to: |
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1 | (1) Institutional mission, plan and readiness. |
2 | (2) Need for the program. |
3 | (3) Academic integrity. |
4 | (4) Cooperation with other State-owned universities, |
5 | agencies or organizations. |
6 | (5) Assessment and accreditation. |
7 | (6) Resource sufficiency. |
8 | (7) Educational opportunity. |
9 | (b) Preapproval of program by board.--All professional |
10 | doctoral degree programs of State-owned universities must be |
11 | approved by the board prior to a State-owned university offering |
12 | the degree program. |
13 | CHAPTER 9 |
14 | MISCELLANEOUS PROVISIONS |
15 | Section 901. Repeals. |
16 | (a) Declaration.--The General Assembly declares that the |
17 | repeals in this section are necessary to effectuate this act. |
18 | (b) Specific.--The following acts are repealed: |
19 | (1) The act of May 20, 1857 (P.L.581, No.619), entitled |
20 | "An act to provide for the Due Training of Teachers for the |
21 | Common Schools of the State." |
22 | (2) The act of April 15, 1859 (P.L.680, No.681), |
23 | entitled "A supplement to an act to provide for the due |
24 | training of Teachers for the Common Schools of the State, |
25 | passed on the twentieth of May, one thousand eight hundred |
26 | and fifty-seven." |
27 | (3) The act of January 18, 1952 (1951 P.L.2111, No.600), |
28 | referred to as the State College Faculty Compensation Law. |
29 | (c) Inconsistent.--All acts and parts of acts are repealed |
30 | insofar as they are inconsistent with this act. |
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1 | Section 902. Effective date. |
2 | This act shall take effect in 60 days. |
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