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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 3194                      PRINTER'S NO. 3583

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2402 Session of 2000


        INTRODUCED BY BARLEY, MARCH 16, 2000

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, MAY 16, 2000

                                  A SUPPLEMENT

     1  To the act of April 1, 1863 (P.L.213, No.227), entitled "An act
     2     to accept the grant of Public Lands, by the United States, to
     3     the several states, for the endowment of Agricultural
     4     Colleges," making appropriations for carrying the same into
     5     effect; and providing for a basis for payments of such
     6     appropriations, for a method of accounting for the funds
     7     appropriated and for certain fiscal information disclosure.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  In order to carry into effect the act of
    11  Congress, approved July 2, 1862, granting public land to the
    12  several states for educational purposes, and subsequent acts of
    13  Congress related thereto, and the act of the General Assembly of
    14  Pennsylvania accepting the provisions and conditions of said
    15  acts of Congress and pledging the faith of the State to carry
    16  the same into effect, the following sums, or as much thereof as
    17  may be necessary, are hereby appropriated to the Trustees of The
    18  Pennsylvania State University for the fiscal year July 1, 2000,
    19  to June 30, 2001, for the purposes and in the amounts as shown:

     1     (1)  For educational and general expenses......  $242,920,000
     2     (2)  FOR THE INFORMATION SYSTEMS TECHNOLOGY                    <--
     3  SCHOOL............................................     4,500,000
     4     (2) (3)  For medical education.................     4,897,000  <--
     5     (3) (4)  For children's hospital...............     5,155,000  <--
     6     (4) (5)  For the Central Pennsylvania                          <--
     7  Psychiatric Institute.............................     2,006,000
     8     (5)  For the cost of agricultural research.....    22,767,000  <--
     9     (6)  For the cost of agricultural extension
    10  services..........................................    26,761,000
    11     (7)  (6)  FOR THE COST OF AGRICULTURAL                         <--
    12  RESEARCH..........................................    23,499,000
    13     (7)  FOR THE COST OF AGRICULTURAL EXTENSION
    14  SERVICES..........................................    27,029,000
    15     (8)  To enhance the recruitment and retention
    16  of disadvantaged students.........................       355,000
    17     (8)  For the Pennsylvania College of                           <--
    18  Technology........................................    12,558,000
    19     (9) (9)  FOR THE PENNSYLVANIA COLLEGE OF                       <--
    20  TECHNOLOGY........................................    14,558,000
    21     (10)  For debt service related to the former
    22  Williamsport Area Community College...............     1,530,000
    23     (10)  For program initiatives..................     3,000,000  <--
    24     (11)  FOR CAPITOL CAMPUS IMPROVEMENTS..........       500,000  <--
    25     (12)  FOR PROGRAM INITIATIVES..................     5,000,000
    26     Section 2.  Payments to The Pennsylvania State University on
    27  account of the appropriations for all items as provided in
    28  section 1 shall be made on the basis of costs during the fiscal
    29  year.
    30     Section 3.  If necessary, The Pennsylvania State University
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     1  may transfer funds among the appropriations listed in section
     2  1(1), (3) and (4) (4) AND (5), provided that the aggregate        <--
     3  amount transferred into or out of each appropriation during the
     4  fiscal year shall not exceed 5% of the amount specifically
     5  appropriated for that purpose.
     6     Section 4.  (a)  Payments to The Pennsylvania State
     7  University of the appropriations provided in section 1 shall be
     8  made monthly during the fiscal year.
     9     (b)  Such monthly payments shall be made in accordance with
    10  the provisions of section 2 on the basis of estimated costs. The
    11  estimate of costs shall be submitted by The Pennsylvania State
    12  University to the Secretary of Education, the General Assembly
    13  and the State Treasurer not later than 30 days prior to the date
    14  on which such payment is to be made.
    15     (c)  Payments to The Pennsylvania State University provided
    16  in section 1(10) 1(12) are contingent on the university making    <--
    17  all articulation agreements with other higher education
    18  institutions available on the Internet.
    19     Section 5.  (a)  The Pennsylvania State University shall
    20  apply the moneys appropriated by this act only for such purposes
    21  as are permitted in this act and shall at all times maintain
    22  proper records showing the application of such moneys. Not later
    23  than 120 days after the close of the fiscal year to which this
    24  act relates, The Pennsylvania State University shall file, with
    25  the Secretary of Education, the General Assembly and the Auditor
    26  General of the Commonwealth, a statement setting forth the
    27  amounts and purposes of all expenditures made from moneys
    28  appropriated by this act and other university accounts during
    29  said fiscal year, as provided in section 2, used as a basis for
    30  receipt of any appropriation during said fiscal year.
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     1     (b)  Such statement of expenditures and costs shall be
     2  reviewed by the Auditor General of the Commonwealth, and he
     3  shall have the right, in respect to the moneys appropriated by
     4  this act, to audit and disallow expenditures made for purposes
     5  not permitted by this act and to cause such sums to be recovered
     6  and paid by The Pennsylvania State University to the State
     7  Treasurer. In respect to expenditures made by the university
     8  from moneys other than those appropriated by this act, the
     9  Auditor General shall have the right to review only, and he
    10  shall file annually with the General Assembly such information
    11  concerning such expenditures as the General Assembly or any of
    12  its committees may require.
    13     Section 6.  A report shall be submitted to the Governor and
    14  the Appropriations and Education Committees of the Senate and
    15  House of Representatives and shall include data for all programs
    16  except the Doctor of Medicine program. The report, to be
    17  submitted prior to September 1, 2001, shall cover the 12-month
    18  period beginning with the summer term 2000 and shall include:
    19     (1)  The following counts and distributions for each term
    20  during the period:
    21     (i)  The definitions and numbers of faculty members employed
    22  full time, of faculty members employed part time, of full-time
    23  students enrolled in graduate courses, of full-time students
    24  enrolled in undergraduate courses, of part-time students
    25  enrolled in graduate courses and of part-time students enrolled
    26  in undergraduate courses.
    27     (ii)  The total numbers of undergraduate student credit
    28  hours, divided into lower division and upper division course
    29  levels, and of graduate student credit hours, divided into three
    30  course levels--master's, first professional and doctoral.
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     1     (iii)  The number of different courses scheduled by level of
     2  instruction and the number of sections of individual instruction
     3  scheduled by level of instruction, each further subdivided by
     4  two-digit Classification of Instructional Program (CIP)
     5  categories of instructional programs of higher education as
     6  defined by the National Center for Education Statistics, United
     7  States Department of Education.
     8     (iv)  The number of terms scheduled and the dates thereof.
     9     (2)  For the summer term and the following academic year in
    10  total and for each two-digit CIP program category, a
    11  classification of faculty members or other professional
    12  employees by title, including: professor, associate professor,
    13  assistant professor, instructor, lecturer, research associate,
    14  librarian and academic administrator; faculty members or other
    15  professional employees under each title to be subdivided by type
    16  of assignment: teaching and nonteaching; and each such set of
    17  faculty members or other professional employees to be further
    18  subdivided by type of employment: full-time or part-time; and
    19  the following aggregates for each such subdivided
    20  classification:
    21     (i)  The number of faculty and other professional employees
    22  and their full-time equivalence in instructional and
    23  noninstructional functions.
    24     (ii)  The sum of credits assigned to undergraduate classroom
    25  courses and the sum of credits assigned to graduate classroom
    26  courses taught, divided into lower division, upper division,
    27  master's, first professional and doctoral course levels.
    28     (iii)  The sum of credits assigned to undergraduate
    29  individual instruction courses and the sum of credits assigned
    30  to graduate individual instruction courses taught, divided into
    20000H2402B3583                  - 5 -

     1  lower division, upper division, master's, first professional and
     2  doctoral course levels.
     3     (iv)  The sum of undergraduate classroom student credit hours
     4  and the sum of graduate classroom student credit hours
     5  generated, divided into lower division, upper division,
     6  master's, first professional and doctoral course levels.
     7     (v)  The sum of undergraduate individual instruction student
     8  credit hours and the sum of graduate individual instruction
     9  student credit hours generated, divided into lower division,
    10  upper division, master's, first professional and doctoral course
    11  levels.
    12     (vi)  The total salary paid for instructional functions and
    13  for noninstructional functions and the amount of this salary
    14  paid for each of these functions from university funds, Federal
    15  funds and other funds.
    16     (3)  For each term of the period covered for each faculty
    17  member employed full time identified by two-digit CIP program
    18  category and title, the report shall contain an analysis of the
    19  average hours per week spent in university-related activities,
    20  stating specifically hours spent in undergraduate classroom
    21  contact and graduate classroom contact, hours spent in
    22  preparation, hours spent in research and hours spent in public
    23  service.
    24     Section 7.  In addition to the requirements in section 6
    25  relative to this appropriation, the report covering the 12-month
    26  period beginning with the summer term 2000 shall include for all
    27  programs of the university:
    28     (1)  Minimum number of credits required for a baccalaureate
    29  degree and for a master's degree.
    30     (2)  Number of bachelor's degrees, master's degrees, first
    20000H2402B3583                  - 6 -

     1  professional degrees and doctoral degrees awarded in 1996, 1997,
     2  1998, 1999, 2000 and estimated 2001.
     3     Section 8.  (a)  The following words and phrases when used in
     4  this section shall have the meanings given to them in this
     5  subsection unless the context clearly indicates otherwise:
     6     "Academic and administrative support units."  Any
     7  organizational entity, as defined in the organizational manual
     8  of the university, that reports directly to the president of the
     9  university, chief academic officer or vice president, including
    10  the office of the president, chief academic officer and vice
    11  president.
    12     "Expenditures."  Disbursements of State appropriations,
    13  tuition and fees supporting educational and general categories
    14  as defined in the Higher Education Finance Manual, Department of
    15  Health, Education and Welfare, 1975, or disbursement, supported
    16  by State appropriations, tuition or fees, to support a defined
    17  project or program under subsection (b)(3).
    18     "Revenue."  All State appropriations and tuition and fees.
    19     (b)  The Pennsylvania State University shall disclose the
    20  following:
    21     (1)  Revenue and expenditure budgets of the university's
    22  academic and administrative support units for the current fiscal
    23  year.
    24     (2)  The actual revenue and expenditures for the prior year
    25  in the same format as the information reported under paragraph
    26  (1).
    27     (3)  For any defined project or program which is the subject
    28  of a specific line item appropriation from the General Fund, the
    29  university shall disclose the following:
    30     (i)  Revenue and expenditure budgets of the defined program
    20000H2402B3583                  - 7 -

     1  or project for the current fiscal year.
     2     (ii)  The actual revenue and expenditures of the defined
     3  program or project for the prior year in the same format as the
     4  information reported under paragraph (1).
     5     (4)  The revenue and expenditures of any auxiliary enterprise
     6  which is directly funded in whole or in part by tuition or a
     7  State appropriation for the current fiscal year.
     8     (c)  The university shall provide the following additional
     9  information for the prior fiscal year for each academic or
    10  administrative support unit, for each defined project or program
    11  and for any auxiliary enterprise:
    12     (1)  The number of employees by academic rank and by
    13  classification the number of administrators, staff, clerical and
    14  technical service employees.
    15     (2)  Median and mean salary by academic rank and by
    16  classification the median and mean salaries of administrators,
    17  staff, clerical and technical service employees.
    18     (3)  Nonsalary compensation as a percentage of salary.
    19  Nonsalary compensation shall include, but not be limited to,
    20  medical benefits, life insurance benefits, pension benefits,
    21  leave benefits, employer Social Security payments and workers'
    22  compensation benefits.
    23     (4)  A statement of the university's retirement policies.
    24     (5)  A policy statement relating to a reduction of tuition
    25  for employees' family members.
    26     (6)  A list of purchase of service contracts which exceed
    27  $1,000 by category of service, including, but not limited to,
    28  legal, instructional, management, accounting, architecture,
    29  public relations and maintenance. The list shall contain the
    30  name and address of the contractor, a statement of the nature of
    20000H2402B3583                  - 8 -

     1  the duties of the contractor and the academic and administrative
     2  support unit for which the duties are performed. If a purchase
     3  of service contract exceeds 10% of the total aggregate
     4  expenditure of the contract category per academic or
     5  administrative support unit, then the contracted amount shall
     6  also be listed.
     7     (7)  A list of purchase of goods contracts which exceed
     8  $1,000. The list shall contain the name and address of the
     9  contractor and a list of the goods purchased and the academic or
    10  administrative support unit for which such goods were
    11  contracted. If a purchase of goods contract exceeds 10% of the
    12  total aggregate expenditure per academic or administrative
    13  support unit, then the contracted amount shall also be listed.
    14     (8)  A list by academic or administrative support unit in the
    15  aggregate, of the expenses of travel, subsistence and lodging,
    16  whether provided or reimbursed.
    17     (d)  The university shall submit a report of the information
    18  under subsections (b) and (c) to the Education Committee of the
    19  Senate and the Appropriations Committee of the Senate and the
    20  Education Committee of the House of Representatives and the
    21  Appropriations Committee of the House of Representatives. In
    22  addition, the university shall submit a copy of the report to
    23  each of the following:
    24     (1)  Governor's Office.
    25     (2)  Secretary of Education.
    26     (3)  State Treasurer.
    27     (4)  Auditor General.
    28     (5)  Joint State Government Commission.
    29  Each such institution shall maintain a copy of the report in the
    30  institution's library and shall submit a copy to each of the
    20000H2402B3583                  - 9 -

     1  four State regional library resource centers.
     2     (e)  A university's report required to be submitted under
     3  this section shall be submitted within 180 days of the close of
     4  the university's current fiscal year.
     5     (f)  The Joint State Government Commission shall develop a
     6  statistical comparison analysis recognizing differences in
     7  missions from the reports made under this section. A majority of
     8  the members of the commission may request additional
     9  documentation, except for salary or identity of individuals,
    10  necessary to complete the comparative analysis. The comparison
    11  shall be provided to the Education Committee of the Senate and
    12  the Appropriations Committee of the Senate and the Education
    13  Committee of the House of Representatives and the Appropriations
    14  Committee of the House of Representatives and the four State
    15  regional libraries.
    16     (g)  The university shall make a copy of the minutes of each
    17  public meeting of the institution's board of trustees, as well
    18  as a copy of the institution's integrated postsecondary
    19  education data systems report, available for public inspection
    20  in the institution's library.
    21     Section 9.  The Pennsylvania State University shall provide
    22  full, complete and accurate information as may be required by
    23  the Department of Education or the chairman or the minority
    24  chairman of the Appropriations Committee of the Senate or the
    25  chairman or the minority chairman of the Appropriations
    26  Committee of the House of Representatives.
    27     Section 10.  The Pennsylvania State University shall report
    28  its revenues and expenditures and present its financial
    29  statements required under the provisions of this act in
    30  accordance with generally accepted accounting principles and
    20000H2402B3583                 - 10 -

     1  procedures for educational institutions as set forth in the
     2  "Higher Education Finance Manual, United States Department of
     3  Health, Education and Welfare (1975)" and the "Commonwealth of
     4  Pennsylvania Budget Instructions for the State System of Higher
     5  Education, State-Related Universities and Non-State-Related
     6  Colleges and Universities."
     7     Section 11.  This act shall take effect July 1, 2000, or
     8  immediately, whichever is later.















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