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        PRIOR PRINTER'S NO. 991                       PRINTER'S NO. 1295

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 889 Session of 1997


        INTRODUCED BY BARLEY, MARCH 12, 1997

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           APRIL 2, 1997

                                  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; and providing a method of
    18     accounting for the funds appropriated and for certain fiscal
    19     information 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, 1997, to
    25  June 30, 1998, for the purposes and in the amounts as shown:


     1     (1)  For educational and general expenses......  $134,880,000  <--
     2     (1)  FOR EDUCATIONAL AND GENERAL EXPENSES. NO                  <--
     3  FUNDS MAY BE ALLOCATED FROM THIS APPROPRIATION
     4  UNLESS ANY TUITION INCREASE FOR THE 1997-1998
     5  SCHOOL YEAR REMAINS UNDER 4.5% FOR PENNSYLVANIA
     6  RESIDENT STUDENTS.................................  $134,880,000
     7     (2)  For instruction - Doctor of Medicine only.     6,364,000
     8     (3)  For operation of dental clinics in the
     9  school of dentistry...............................     1,051,000
    10     (4)  To enhance the recruitment and retention
    11  of disadvantaged students.........................       327,000
    12     (5)  For general maintenance and operation of
    13  the Western Psychiatric Institute and Clinic......     7,847,000
    14     (6)  For the teen suicide center at the Western
    15  Psychiatric Institute and Clinic..................       507,000
    16     (7)  For the Graduate School of Public Health..       255,000
    17     (8)  For rural education outreach..............       306,000
    18     Section 2.  Payments to the University of Pittsburgh on
    19  account of the appropriations for all items as provided in
    20  section 1 shall be made on the basis of costs during the fiscal
    21  year.
    22     Section 3.  If necessary, the University of Pittsburgh may
    23  transfer funds between the appropriations listed in section 1(1)
    24  and (2), provided that the aggregate amount transferred into or
    25  out of each appropriation during the fiscal year shall not
    26  exceed 5% of the amount specifically appropriated for that
    27  purpose.
    28     Section 4.  (a)  Payments to the University of Pittsburgh of
    29  the appropriations provided in section 1 shall be made monthly
    30  during the fiscal year.
    19970H0889B1295                  - 2 -

     1     (b)  Such monthly payments shall be made in accordance with
     2  the provisions of section 2 on the basis of estimated costs. The
     3  estimate of costs shall be submitted by the University of
     4  Pittsburgh to the Secretary of Education, the General Assembly
     5  and the State Treasurer not later than 30 days prior to the date
     6  on which such payment is to be made.
     7     Section 5.  (a)  The University of Pittsburgh shall apply the
     8  moneys appropriated by this act only for such purposes as are
     9  permitted in this act and shall at all times maintain proper
    10  records showing the application of such moneys. Not later than
    11  120 days after the close of the fiscal year to which this act
    12  relates, the University of Pittsburgh shall file, with the
    13  Secretary of Education, the General Assembly, the Auditor
    14  General of the Commonwealth and the chief administrator of each
    15  branch campus, a statement setting forth the amounts and
    16  purposes of all expenditures made from moneys appropriated by
    17  this act and other university accounts during said fiscal year,
    18  as provided in section 2, used as a basis for receipt of any
    19  appropriation during said fiscal year.
    20     (b)  Such statement of expenditures and costs shall be
    21  reviewed by the Auditor General of the Commonwealth, and he
    22  shall have the right, in respect to the moneys appropriated by
    23  this act, to audit and disallow expenditures made for purposes
    24  not permitted by this act and to cause such sums to be recovered
    25  and paid by the University of Pittsburgh to the State Treasurer.
    26  In respect to expenditures made by the university from moneys
    27  other than those appropriated by this act, the Auditor General
    28  shall have the right to review only, and he shall file annually
    29  with the General Assembly such information concerning such
    30  expenditures as the General Assembly or any of its committees
    19970H0889B1295                  - 3 -

     1  may require.
     2     Section 6.  A report shall be submitted to the Governor and
     3  the Appropriations and Education Committees of the Senate and
     4  House of Representatives and shall include data for all
     5  programs, except for the Doctor of Medicine program. The report,
     6  to be submitted prior to September 1, 1998, shall cover the 12-
     7  month period beginning with the summer term 1997 and shall
     8  include:
     9     (1)  The following counts and distributions for each term
    10  during the period:
    11     (i)  The definitions and numbers of faculty members employed
    12  full time, of faculty members employed part time, of full-time
    13  students enrolled in graduate courses, of full-time students
    14  enrolled in undergraduate courses, of part-time students
    15  enrolled in graduate courses and of part-time students enrolled
    16  in undergraduate courses.
    17     (ii)  The total numbers of undergraduate student credit
    18  hours, divided into lower division and upper division course
    19  levels, and of graduate student credit hours, divided into three
    20  course levels--master's, first professional and doctoral.
    21     (iii)  The number of different courses scheduled by level of
    22  instruction and the number of sections of individual instruction
    23  scheduled by level of instruction, each further subdivided by
    24  two-digit Classification of Instructional Program (CIP)
    25  categories of instructional programs of higher education as
    26  defined by the National Center for Education Statistics, United
    27  States Department of Education.
    28     (iv)  The number of terms scheduled and the dates thereof.
    29     (2)  For the summer term and the following academic year in
    30  total and for each two-digit CIP program category, a
    19970H0889B1295                  - 4 -

     1  classification of faculty members or other professional
     2  employees by title, including: professor, associate professor,
     3  assistant professor, instructor, lecturer, research associate,
     4  librarian and academic administrator; faculty members or other
     5  professional employees under each title to be subdivided by type
     6  of assignment: teaching and nonteaching; and each such set of
     7  faculty members or other professional employees to be further
     8  subdivided by type of employment: full-time or part-time; and
     9  the following aggregates for each such subdivided
    10  classification:
    11     (i)  The number of faculty and other professional employees
    12  and their full-time equivalence in instructional and
    13  noninstructional functions.
    14     (ii)  The sum of credits assigned to undergraduate classroom
    15  courses and the sum of credits assigned to graduate classroom
    16  courses taught, divided into lower division, upper division,
    17  master's, first professional and doctoral course levels.
    18     (iii)  The sum of credits assigned to undergraduate
    19  individual instruction courses and the sum of credits assigned
    20  to graduate individual instruction courses taught, divided into
    21  lower division, upper division, master's, first professional and
    22  doctoral course levels.
    23     (iv)  The sum of undergraduate classroom student credit hours
    24  and the sum of graduate classroom student credit hours
    25  generated, divided into lower division, upper division,
    26  master's, first professional and doctoral course levels.
    27     (v)  The sum of undergraduate individual instruction student
    28  credit hours and the sum of graduate individual instruction
    29  student credit hours generated, divided into lower division,
    30  upper division, master's, first professional and doctoral course
    19970H0889B1295                  - 5 -

     1  levels.
     2     (vi)  The total salary paid for instructional functions and
     3  for noninstructional functions and the amount of this salary
     4  paid for each of these functions from university funds, Federal
     5  funds and other funds.
     6     (3)  For each term of the period covered for each faculty
     7  member employed full time identified by two-digit CIP program
     8  category and title, the report shall contain an analysis of the
     9  average hours per week spent in university-related activities,
    10  stating specifically hours spent in undergraduate classroom
    11  contact and graduate classroom contact, hours spent in
    12  preparation, hours spent in research and hours spent in public
    13  service.
    14     Section 7.  In addition to the requirements in section 6
    15  relative to this appropriation, the report covering the 12-month
    16  period beginning with the summer term 1997 shall include for all
    17  programs of the university:
    18     (1)  Minimum number of credits required for a baccalaureate
    19  degree and for a master's degree.
    20     (2)  Number of bachelor's degrees, master's degrees, first
    21  professional degrees and doctoral degrees awarded in 1993, 1994,
    22  1995, 1996, 1997 and estimated 1998.
    23     Section 8.  (a)  The following words and phrases when used in
    24  this section shall have the meanings given to them in this
    25  subsection unless the context clearly indicates otherwise:
    26     "Academic and administrative support units."  Any
    27  organizational entity, as defined in the organizational manual
    28  of the university, that reports directly to the president of the
    29  university, chief academic officer or vice president, including
    30  the office of the president, chief academic officer and vice
    19970H0889B1295                  - 6 -

     1  president.
     2     "Expenditures."  Disbursements of State appropriations,
     3  tuition and fees supporting educational and general categories
     4  as defined in the Higher Education Finance Manual, Department of
     5  Health, Education and Welfare, 1975, or disbursement, supported
     6  by State appropriations, tuition or fees, to support a defined
     7  project or program under subsection (b)(3).
     8     "Revenue."  All State appropriations and tuition and fees.
     9     (b)  The University of Pittsburgh shall disclose the
    10  following:
    11     (1)  Revenue and expenditure budgets of the university's
    12  academic and administrative support units for the current fiscal
    13  year.
    14     (2)  The actual revenue and expenditures for the prior year
    15  in the same format as the information reported under paragraph
    16  (1).
    17     (3)  For any defined project or program which is the subject
    18  of a specific line item appropriation from the General Fund, the
    19  university shall disclose the following:
    20     (i)  Revenue and expenditure budgets of the defined program
    21  or project for the current fiscal year.
    22     (ii)  The actual revenue and expenditures of the defined
    23  program or project for the prior year in the same format as the
    24  information reported under paragraph (1).
    25     (4)  The revenue and expenditures of any auxiliary enterprise
    26  which is directly funded in whole or in part by tuition or a
    27  State appropriation for the current fiscal year.
    28     (c)  The university shall provide the following additional
    29  information for the prior fiscal year for each academic or
    30  administrative support unit, for each defined project or program
    19970H0889B1295                  - 7 -

     1  and for any auxiliary enterprise:
     2     (1)  The number of employees by academic rank and by
     3  classification the number of administrators, staff, clerical and
     4  technical service employees.
     5     (2)  Median and mean salary by academic rank and by
     6  classification the median and mean salaries of administrators,
     7  staff, clerical and technical service employees.
     8     (3)  Nonsalary compensation as a percentage of salary.
     9  Nonsalary compensation shall include, but not be limited to,
    10  medical benefits, life insurance benefits, pension benefits,
    11  leave benefits, employer Social Security payments and workers'
    12  compensation benefits.
    13     (4)  A statement of the university's retirement policies.
    14     (5)  A policy statement relating to a reduction of tuition
    15  for employees' family members.
    16     (6)  A list of purchase of service contracts which exceed
    17  $1,000 by category of service, including, but not limited to,
    18  legal, instructional, management, accounting, architecture,
    19  public relations and maintenance. The list shall contain the
    20  name and address of the contractor, a statement of the nature of
    21  the duties of the contractor and the academic and administrative
    22  support unit for which the duties are performed. If a purchase
    23  of service contract exceeds 10% of the total aggregate
    24  expenditure of the contract category per academic or
    25  administrative support unit, then the contracted amount shall
    26  also be listed.
    27     (7)  A list of purchase of goods contracts which exceed
    28  $1,000. The list shall contain the name and address of the
    29  contractor and a list of the goods purchased and the academic or
    30  administrative support unit for which such goods were
    19970H0889B1295                  - 8 -

     1  contracted. If a purchase of goods contract exceeds 10% of the
     2  total aggregate expenditure per academic or administrative
     3  support unit, then the contracted amount shall also be listed.
     4     (8)  A list by academic or administrative support unit in the
     5  aggregate, of the expenses of travel, subsistence and lodging,
     6  whether provided or reimbursed.
     7     (d)  The university shall submit a report of the information
     8  under subsections (b) and (c) to the Education Committee of the
     9  Senate and the Appropriations Committee of the Senate and the
    10  Education Committee of the House of Representatives and the
    11  Appropriations Committee of the House of Representatives. In
    12  addition, the university shall submit a copy of the report to
    13  each of the following:
    14     (1)  Governor's Office.
    15     (2)  Secretary of Education.
    16     (3)  State Treasurer.
    17     (4)  Auditor General.
    18     (5)  Joint State Government Commission.
    19  Each such institution shall maintain a copy of the report in the
    20  institution's library and shall submit a copy to each of the
    21  four State regional library resource centers.
    22     (e)  A university's report required to be submitted under
    23  this section shall be submitted within 180 days of the close of
    24  the university's current fiscal year.
    25     (f)  The Joint State Government Commission shall develop a
    26  statistical comparison analysis recognizing differences in
    27  missions from the reports made under this section. A majority of
    28  the members of the commission may request additional
    29  documentation, except for salary or identity of individuals,
    30  necessary to complete the comparative analysis. The comparison
    19970H0889B1295                  - 9 -

     1  shall be provided to the Education Committee of the Senate and
     2  the Appropriations Committee of the Senate and the Education
     3  Committee of the House of Representatives and the Appropriations
     4  Committee of the House of Representatives and the four State
     5  regional libraries.
     6     (g)  The university shall make a copy of the minutes of each
     7  public meeting of the institution's board of trustees, as well
     8  as a copy of the institution's integrated postsecondary
     9  education data systems report, available for public inspection
    10  in the institution's library.
    11     Section 9.  The University of Pittsburgh shall provide full,
    12  complete and accurate information as may be required by the
    13  Department of Education or the majority chairman or the minority
    14  chairman of the Appropriations Committee of the Senate or the
    15  majority chairman or the minority chairman of the Appropriations
    16  Committee of the House of Representatives.
    17     Section 10.  The University of Pittsburgh shall report its
    18  revenues and expenditures and present its financial statements
    19  required under the provisions of this act in accordance with
    20  generally accepted accounting principles and procedures for
    21  educational institutions as set forth in the "Higher Education
    22  Finance Manual, United States Department of Health, Education
    23  and Welfare (1975)" and the "Commonwealth of Pennsylvania Budget
    24  Instructions for the State System of Higher Education, State-
    25  Related Universities and Non-State-Related Colleges and
    26  Universities."
    27     Section 11.  This act shall take effect July 1, 1997, or
    28  immediately, whichever is later.


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