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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 992, 1296                PRINTER'S NO. 1721



No. 890 Session of 1997


           AMENDED, MAY 5, 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,

     1  for the purposes and in the amounts as shown:
     2     (1)  FOR EDUCATION AND GENERAL EXPENSES. NO                    <--
     6  RESIDENT STUDENTS.................................  $141,767,000
     7     (1)  FOR EDUCATION AND GENERAL EXPENSES........  $141,767,000  <--
     8     (2)  For instruction - Doctor of Medicine only.     8,471,000
     9     (3)  For operation of dental clinics in the
    10  school of dentistry...............................     1,051,000
    11     (4)  To enhance the recruitment and retention
    12  of disadvantaged students.........................       327,000
    13     (5)  For maxillofacial prosthodontics..........       128,000
    14     (6)  FOR SPECIAL PROJECTS......................     1,488,000  <--
    15     Section 2.  Payments to Temple University on account of the
    16  appropriations for all items as provided in section 1 shall be
    17  made on the basis of costs during the fiscal year.
    18     Section 3.  If necessary, Temple University may transfer
    19  funds among the appropriations listed in section 1(1) and (2),
    20  provided, that the aggregate amount transferred into or out of
    21  each appropriation during the fiscal year shall not exceed 5% of
    22  the amount specifically appropriated for that purpose.
    23     Section 4.  (a)  Payment to Temple University of the
    24  appropriations provided in section 1 shall be made monthly
    25  during the fiscal year.
    26     (b)  Such monthly payments shall be made in accordance with
    27  the provisions of section 2 on the basis of estimated costs. The
    28  estimate of costs shall be submitted by Temple University to the
    29  Secretary of Education, the General Assembly and the State
    30  Treasurer not later than 30 days prior to the date on which such
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     1  payment is to be made.
     2     Section 5.  (a)  Temple University shall apply the moneys
     3  appropriated by this act only for such purposes as are permitted
     4  in this act and shall at all times maintain proper records
     5  showing the application of such moneys. Not later than 120 days
     6  after the close of the fiscal year to which this act relates,
     7  Temple University shall file, with the Secretary of Education,
     8  the General Assembly and the Auditor General of the
     9  Commonwealth, a statement setting forth the amounts and purposes
    10  of all expenditures made from moneys appropriated by this act
    11  and other university accounts during said fiscal year, as
    12  provided in section 2, used as a basis for receipt of any
    13  appropriation during said fiscal year.
    14     (b)  Such statement of expenditures and costs shall be
    15  reviewed by the Auditor General of the Commonwealth, and he
    16  shall have the right, in respect to the moneys appropriated by
    17  this act, to audit and disallow expenditures made for purposes
    18  not permitted by this act and to cause such sums to be recovered
    19  and paid by Temple University to the State Treasurer. In respect
    20  to expenditures made by the university from moneys other than
    21  those appropriated by this act, the Auditor General shall have
    22  the right to review only, and he shall file annually with the
    23  General Assembly such information concerning said expenditures
    24  as the General Assembly or any of its committees may require.
    25     Section 6.  A report shall be submitted to the Governor and
    26  the Appropriations and Education Committees of the Senate and
    27  House of Representatives and shall include data for all programs
    28  except the Doctor of Medicine program. The report, to be
    29  submitted prior to September 1, 1998, shall cover the 12-month
    30  period beginning with the summer term 1997 and shall include:
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     1     (1)  The following counts and distributions for each term
     2  during the period:
     3     (i)  The definitions and numbers of faculty members employed
     4  full time, of faculty members employed part time, of full-time
     5  students enrolled in graduate courses, of full-time students
     6  enrolled in undergraduate courses, of part-time students
     7  enrolled in graduate courses and of part-time students enrolled
     8  in undergraduate courses.
     9     (ii)  The total numbers of undergraduate student credit
    10  hours, divided into lower division and upper division course
    11  levels, and of graduate student credit hours divided into three
    12  course levels--master's, first professional and doctoral.
    13     (iii)  The number of different courses scheduled by level of
    14  instruction and the number of sections of individual instruction
    15  scheduled by level of instruction, each further subdivided by
    16  two-digit Classification of Instructional Program (CIP)
    17  categories of instructional programs of higher education as
    18  defined by the National Center for Education Statistics, United
    19  States Department of Education.
    20     (iv)  The number of terms scheduled and the dates thereof.
    21     (2)  For the summer term and the following academic year in
    22  total and for each two-digit CIP program category, a
    23  classification of faculty members or other professional
    24  employees by title, including: professor, associate professor,
    25  assistant professor, instructor, lecturer, research associate,
    26  librarian and academic administrator; faculty members or other
    27  professional employees under each title to be subdivided by type
    28  of assignment: teaching and nonteaching; and each such set of
    29  faculty members or other professional employees to be further
    30  subdivided by type of employment: full-time or part-time; and
    19970H0890B1721                  - 4 -

     1  the following aggregates for each such subdivided
     2  classification:
     3     (i)  The number of faculty and other professional employees
     4  and their full-time equivalence in instructional and
     5  noninstructional functions.
     6     (ii)  The sum of credits assigned to undergraduate classroom
     7  courses and the sum of credits assigned to graduate classroom
     8  courses taught, divided into lower division, upper division,
     9  master's, first professional and doctoral course levels.
    10     (iii)  The sum of credits assigned to undergraduate
    11  individual instruction courses and the sum of credits assigned
    12  to graduate individual instruction courses taught, divided into
    13  lower division, upper division, master's, first professional and
    14  doctoral course levels.
    15     (iv)  The sum of undergraduate classroom student credit hours
    16  and the sum of graduate classroom student credit hours
    17  generated, divided into lower division, upper division,
    18  master's, first professional and doctoral course levels.
    19     (v)  The sum of undergraduate individual instruction student
    20  credit hours and the sum of graduate individual instruction
    21  student credit hours generated, divided into lower division,
    22  upper division, master's, first professional and doctoral course
    23  levels.
    24     (vi)  The total salary paid for instructional functions and
    25  for noninstructional functions and the amount of this salary
    26  paid for each of these functions from university funds, Federal
    27  funds and other funds.
    28     (3)  For each term of the period covered for each faculty
    29  member employed full time identified by two-digit CIP program
    30  category and title, the report shall contain an analysis of the
    19970H0890B1721                  - 5 -

     1  average hours per week spent in university-related activities,
     2  stating specifically hours spent in undergraduate classroom
     3  contact and graduate classroom contact, hours spent in
     4  preparation, hours spent in research and hours spent in public
     5  service.
     6     Section 7.  In addition to the requirements in section 6
     7  relative to this appropriation, each report covering the 12-
     8  month period beginning with the summer term 1997 shall include
     9  for all programs of the university:
    10     (1)  Minimum number of credits required for a baccalaureate
    11  degree and for a master's degree.
    12     (2)  Number of bachelor's degrees, master's degrees, first
    13  professional degrees and doctoral degrees awarded in 1993, 1994,
    14  1995, 1996, 1997 and estimated 1998.
    15     Section 8.  (a)  The following words and phrases when used in
    16  this section shall have the meanings given to them in this
    17  subsection unless the context clearly indicates otherwise:
    18     "Academic and administrative support units."  Any
    19  organizational entity, as defined in the organizational manual
    20  of the university, that reports directly to the president of the
    21  university, chief academic officer or vice president, including
    22  the office of the president, chief academic officer and vice
    23  president.
    24     "Expenditures."  Disbursements of State appropriations,
    25  tuition and fees supporting educational and general categories
    26  as defined in the Higher Education Finance Manual, Department of
    27  Health, Education and Welfare, 1975, or disbursement, supported
    28  by State appropriations, tuition or fees, to support a defined
    29  project or program under subsection (b)(3).
    30     "Revenue."  All State appropriations and tuition and fees.
    19970H0890B1721                  - 6 -

     1     (b)  Temple University shall disclose the 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,
    19970H0890B1721                  - 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
    19970H0890B1721                  - 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
    19970H0890B1721                  - 9 -

     1  in the institution's library.
     2     Section 9.  Temple University shall provide full, complete
     3  and accurate information as may be required by the Department of
     4  Education or the majority chairman or the minority chairman of
     5  the Appropriations Committee of the Senate or the majority
     6  chairman or the minority chairman of the Appropriations
     7  Committee of the House of Representatives.
     8     Section 10.  Temple University shall report its revenues and
     9  expenditures and present its financial statements required under
    10  the provisions of this act in accordance with generally accepted
    11  accounting principles and procedures for educational
    12  institutions as set forth in the "Higher Education Finance
    13  Manual, United States Department of Health, Education and
    14  Welfare (1975)" and the "Commonwealth of Pennsylvania Budget
    15  Instructions for the State System of Higher Education, State-
    16  Related Universities and Non-State-Related Colleges and
    17  Universities."
    18     Section 11.  This act shall take effect July 1, 1997, or
    19  immediately, whichever is later.

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