PRIOR PRINTER'S NO. 992 PRINTER'S NO. 1296
No. 890 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 November 30, 1965 (P.L.843, No.355), entitled "An 2 act providing for the establishment and operation of Temple 3 University as an instrumentality of the Commonwealth to serve 4 as a State-related university in the higher education system 5 of the Commonwealth; providing for change of name; providing 6 for the composition of the board of trustees; terms of 7 trustees, and the power and duties of such trustees; 8 providing for preference to Pennsylvania residents in 9 tuition; providing for public support and capital 10 improvements; authorizing appropriations in amounts to be 11 fixed annually by the General Assembly; providing for the 12 auditing of accounts of expenditures from said 13 appropriations; authorizing the issuance of bonds exempt from 14 taxation within the Commonwealth; requiring the President to 15 make an annual report of the operations of Temple 16 University," making appropriations for carrying the same into 17 effect; providing for a basis for payments of such 18 appropriations; and providing a method of accounting for the 19 funds appropriated and for certain fiscal information 20 disclosure. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. The following sums, or as much thereof as may be 24 necessary, are hereby appropriated to the Trustees of Temple 25 University for the fiscal year July 1, 1997, to June 30, 1998, 26 for the purposes and in the amounts as shown:
1 (1) For educational and general expenses...... $141,767,000 <-- 2 (1) FOR EDUCATION 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................................. $141,767,000 7 (2) For instruction - Doctor of Medicine only. 8,471,000 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 maxillofacial prosthodontics.......... 128,000 13 Section 2. Payments to Temple University on account of the 14 appropriations for all items as provided in section 1 shall be 15 made on the basis of costs during the fiscal year. 16 Section 3. If necessary, Temple University may transfer 17 funds among the appropriations listed in section 1(1) and (2), 18 provided, that the aggregate amount transferred into or out of 19 each appropriation during the fiscal year shall not exceed 5% of 20 the amount specifically appropriated for that purpose. 21 Section 4. (a) Payment to Temple University of the 22 appropriations provided in section 1 shall be made monthly 23 during the fiscal year. 24 (b) Such monthly payments shall be made in accordance with 25 the provisions of section 2 on the basis of estimated costs. The 26 estimate of costs shall be submitted by Temple University to the 27 Secretary of Education, the General Assembly and the State 28 Treasurer not later than 30 days prior to the date on which such 29 payment is to be made. 30 Section 5. (a) Temple University shall apply the moneys 19970H0890B1296 - 2 -
1 appropriated by this act only for such purposes as are permitted 2 in this act and shall at all times maintain proper records 3 showing the application of such moneys. Not later than 120 days 4 after the close of the fiscal year to which this act relates, 5 Temple University shall file, with the Secretary of Education, 6 the General Assembly and the Auditor General of the 7 Commonwealth, a statement setting forth the amounts and purposes 8 of all expenditures made from moneys appropriated by this act 9 and other university accounts during said fiscal year, as 10 provided in section 2, used as a basis for receipt of any 11 appropriation during said fiscal year. 12 (b) Such statement of expenditures and costs shall be 13 reviewed by the Auditor General of the Commonwealth, and he 14 shall have the right, in respect to the moneys appropriated by 15 this act, to audit and disallow expenditures made for purposes 16 not permitted by this act and to cause such sums to be recovered 17 and paid by Temple University to the State Treasurer. In respect 18 to expenditures made by the university from moneys other than 19 those appropriated by this act, the Auditor General shall have 20 the right to review only, and he shall file annually with the 21 General Assembly such information concerning said expenditures 22 as the General Assembly or any of its committees may require. 23 Section 6. A report shall be submitted to the Governor and 24 the Appropriations and Education Committees of the Senate and 25 House of Representatives and shall include data for all programs 26 except the Doctor of Medicine program. The report, to be 27 submitted prior to September 1, 1998, shall cover the 12-month 28 period beginning with the summer term 1997 and shall include: 29 (1) The following counts and distributions for each term 30 during the period: 19970H0890B1296 - 3 -
1 (i) The definitions and numbers of faculty members employed 2 full time, of faculty members employed part time, of full-time 3 students enrolled in graduate courses, of full-time students 4 enrolled in undergraduate courses, of part-time students 5 enrolled in graduate courses and of part-time students enrolled 6 in undergraduate courses. 7 (ii) The total numbers of undergraduate student credit 8 hours, divided into lower division and upper division course 9 levels, and of graduate student credit hours divided into three 10 course levels--master's, first professional and doctoral. 11 (iii) The number of different courses scheduled by level of 12 instruction and the number of sections of individual instruction 13 scheduled by level of instruction, each further subdivided by 14 two-digit Classification of Instructional Program (CIP) 15 categories of instructional programs of higher education as 16 defined by the National Center for Education Statistics, United 17 States Department of Education. 18 (iv) The number of terms scheduled and the dates thereof. 19 (2) For the summer term and the following academic year in 20 total and for each two-digit CIP program category, a 21 classification of faculty members or other professional 22 employees by title, including: professor, associate professor, 23 assistant professor, instructor, lecturer, research associate, 24 librarian and academic administrator; faculty members or other 25 professional employees under each title to be subdivided by type 26 of assignment: teaching and nonteaching; and each such set of 27 faculty members or other professional employees to be further 28 subdivided by type of employment: full-time or part-time; and 29 the following aggregates for each such subdivided 30 classification: 19970H0890B1296 - 4 -
1 (i) The number of faculty and other professional employees 2 and their full-time equivalence in instructional and 3 noninstructional functions. 4 (ii) The sum of credits assigned to undergraduate classroom 5 courses and the sum of credits assigned to graduate classroom 6 courses taught, divided into lower division, upper division, 7 master's, first professional and doctoral course levels. 8 (iii) The sum of credits assigned to undergraduate 9 individual instruction courses and the sum of credits assigned 10 to graduate individual instruction courses taught, divided into 11 lower division, upper division, master's, first professional and 12 doctoral course levels. 13 (iv) The sum of undergraduate classroom student credit hours 14 and the sum of graduate classroom student credit hours 15 generated, divided into lower division, upper division, 16 master's, first professional and doctoral course levels. 17 (v) The sum of undergraduate individual instruction student 18 credit hours and the sum of graduate individual instruction 19 student credit hours generated, divided into lower division, 20 upper division, master's, first professional and doctoral course 21 levels. 22 (vi) The total salary paid for instructional functions and 23 for noninstructional functions and the amount of this salary 24 paid for each of these functions from university funds, Federal 25 funds and other funds. 26 (3) For each term of the period covered for each faculty 27 member employed full time identified by two-digit CIP program 28 category and title, the report shall contain an analysis of the 29 average hours per week spent in university-related activities, 30 stating specifically hours spent in undergraduate classroom 19970H0890B1296 - 5 -
1 contact and graduate classroom contact, hours spent in 2 preparation, hours spent in research and hours spent in public 3 service. 4 Section 7. In addition to the requirements in section 6 5 relative to this appropriation, each report covering the 12- 6 month period beginning with the summer term 1997 shall include 7 for all programs of the university: 8 (1) Minimum number of credits required for a baccalaureate 9 degree and for a master's degree. 10 (2) Number of bachelor's degrees, master's degrees, first 11 professional degrees and doctoral degrees awarded in 1993, 1994, 12 1995, 1996, 1997 and estimated 1998. 13 Section 8. (a) The following words and phrases when used in 14 this section shall have the meanings given to them in this 15 subsection unless the context clearly indicates otherwise: 16 "Academic and administrative support units." Any 17 organizational entity, as defined in the organizational manual 18 of the university, that reports directly to the president of the 19 university, chief academic officer or vice president, including 20 the office of the president, chief academic officer and vice 21 president. 22 "Expenditures." Disbursements of State appropriations, 23 tuition and fees supporting educational and general categories 24 as defined in the Higher Education Finance Manual, Department of 25 Health, Education and Welfare, 1975, or disbursement, supported 26 by State appropriations, tuition or fees, to support a defined 27 project or program under subsection (b)(3). 28 "Revenue." All State appropriations and tuition and fees. 29 (b) Temple University shall disclose the following: 30 (1) Revenue and expenditure budgets of the university's 19970H0890B1296 - 6 -
1 academic and administrative support units for the current fiscal 2 year. 3 (2) The actual revenue and expenditures for the prior year 4 in the same format as the information reported under paragraph 5 (1). 6 (3) For any defined project or program which is the subject 7 of a specific line item appropriation from the General Fund, the 8 university shall disclose the following: 9 (i) Revenue and expenditure budgets of the defined program 10 or project for the current fiscal year. 11 (ii) The actual revenue and expenditures of the defined 12 program or project for the prior year in the same format as the 13 information reported under paragraph (1). 14 (4) The revenue and expenditures of any auxiliary enterprise 15 which is directly funded in whole or in part by tuition or a 16 State appropriation for the current fiscal year. 17 (c) The university shall provide the following additional 18 information for the prior fiscal year for each academic or 19 administrative support unit, for each defined project or program 20 and for any auxiliary enterprise: 21 (1) The number of employees by academic rank and by 22 classification the number of administrators, staff, clerical and 23 technical service employees. 24 (2) Median and mean salary by academic rank and by 25 classification the median and mean salaries of administrators, 26 staff, clerical and technical service employees. 27 (3) Nonsalary compensation as a percentage of salary. 28 Nonsalary compensation shall include, but not be limited to, 29 medical benefits, life insurance benefits, pension benefits, 30 leave benefits, employer Social Security payments and workers' 19970H0890B1296 - 7 -
1 compensation benefits. 2 (4) A statement of the university's retirement policies. 3 (5) A policy statement relating to a reduction of tuition 4 for employees' family members. 5 (6) A list of purchase of service contracts which exceed 6 $1,000 by category of service, including, but not limited to, 7 legal, instructional, management, accounting, architecture, 8 public relations and maintenance. The list shall contain the 9 name and address of the contractor, a statement of the nature of 10 the duties of the contractor and the academic and administrative 11 support unit for which the duties are performed. If a purchase 12 of service contract exceeds 10% of the total aggregate 13 expenditure of the contract category per academic or 14 administrative support unit, then the contracted amount shall 15 also be listed. 16 (7) A list of purchase of goods contracts which exceed 17 $1,000. The list shall contain the name and address of the 18 contractor and a list of the goods purchased and the academic or 19 administrative support unit for which such goods were 20 contracted. If a purchase of goods contract exceeds 10% of the 21 total aggregate expenditure per academic or administrative 22 support unit, then the contracted amount shall also be listed. 23 (8) A list by academic or administrative support unit in the 24 aggregate, of the expenses of travel, subsistence and lodging, 25 whether provided or reimbursed. 26 (d) The university shall submit a report of the information 27 under subsections (b) and (c) to the Education Committee of the 28 Senate and the Appropriations Committee of the Senate and the 29 Education Committee of the House of Representatives and the 30 Appropriations Committee of the House of Representatives. In 19970H0890B1296 - 8 -
1 addition, the university shall submit a copy of the report to 2 each of the following: 3 (1) Governor's Office. 4 (2) Secretary of Education. 5 (3) State Treasurer. 6 (4) Auditor General. 7 (5) Joint State Government Commission. 8 Each such institution shall maintain a copy of the report in the 9 institution's library and shall submit a copy to each of the 10 four State regional library resource centers. 11 (e) A university's report required to be submitted under 12 this section shall be submitted within 180 days of the close of 13 the university's current fiscal year. 14 (f) The Joint State Government Commission shall develop a 15 statistical comparison analysis recognizing differences in 16 missions from the reports made under this section. A majority of 17 the members of the commission may request additional 18 documentation, except for salary or identity of individuals, 19 necessary to complete the comparative analysis. The comparison 20 shall be provided to the Education Committee of the Senate and 21 the Appropriations Committee of the Senate and the Education 22 Committee of the House of Representatives and the Appropriations 23 Committee of the House of Representatives and the four State 24 regional libraries. 25 (g) The university shall make a copy of the minutes of each 26 public meeting of the institution's board of trustees, as well 27 as a copy of the institution's integrated postsecondary 28 education data systems report, available for public inspection 29 in the institution's library. 30 Section 9. Temple University shall provide full, complete 19970H0890B1296 - 9 -
1 and accurate information as may be required by the Department of 2 Education or the majority chairman or the minority chairman of 3 the Appropriations Committee of the Senate or the majority 4 chairman or the minority chairman of the Appropriations 5 Committee of the House of Representatives. 6 Section 10. Temple University shall report its revenues and 7 expenditures and present its financial statements required under 8 the provisions of this act in accordance with generally accepted 9 accounting principles and procedures for educational 10 institutions as set forth in the "Higher Education Finance 11 Manual, United States Department of Health, Education and 12 Welfare (1975)" and the "Commonwealth of Pennsylvania Budget 13 Instructions for the State System of Higher Education, State- 14 Related Universities and Non-State-Related Colleges and 15 Universities." 16 Section 11. This act shall take effect July 1, 1997, or 17 immediately, whichever is later. B6L84RZ/19970H0890B1296 - 10 -