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                               CORRECTIVE REPRINT
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 3194, 3583,              PRINTER'S NO. 3599
        3594

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2402 Session of 2000


        INTRODUCED BY BARLEY, MARCH 16, 2000

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, 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,


     1  to June 30, 2001, for the purposes and in the amounts as shown:
     2     (1)  For educational and general expenses......  $242,920,000
     3     (2)  FOR THE INFORMATION SYSTEMS TECHNOLOGY                    <--
     4  SCHOOL............................................     4,500,000
     5     (2) (3)  For medical education.................     4,897,000  <--
     6     (3) (4)  For children's hospital...............     5,155,000  <--
     7     (4) (5)  For the Central Pennsylvania                          <--
     8  Psychiatric Institute.............................     2,006,000
     9     (5)  For the cost of agricultural research.....    22,767,000  <--
    10     (6)  For the cost of agricultural extension
    11  services..........................................    26,761,000
    12     (7)  (6)  FOR THE COST OF AGRICULTURAL                         <--
    13  RESEARCH..........................................    23,499,000
    14     (7)  FOR THE COST OF AGRICULTURAL EXTENSION
    15  SERVICES..........................................    27,029,000
    16     (8)  To enhance the recruitment and retention
    17  of disadvantaged students.........................       355,000
    18     (8)  For the Pennsylvania College of                           <--
    19  Technology........................................    12,558,000
    20     (9) (9)  FOR THE PENNSYLVANIA COLLEGE OF                       <--
    21  TECHNOLOGY........................................    14,558,000
    22     (10)  For debt service related to the former
    23  Williamsport Area Community College...............     1,530,000
    24     (10)  For program initiatives..................     3,000,000  <--
    25     (11)  FOR CAPITOL CAMPUS IMPROVEMENTS..........       500,000  <--
    26     (12)  FOR PROGRAM INITIATIVES..................     5,000,000  <--
    27     (12)  FOR PROGRAM INITIATIVES, INCLUDING AT                    <--
    28  LEAST $250,000 FOR ACTIVITIES RELATED TO THE
    29  NATIONAL SEA GRANT COLLEGE PROGRAM AT THE BEHREND
    30  COLLEGE...........................................     5,000,000
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     1     Section 2.  Payments to The Pennsylvania State University on
     2  account of the appropriations for all items as provided in
     3  section 1 shall be made on the basis of costs during the fiscal
     4  year.
     5     Section 3.  If necessary, The Pennsylvania State University
     6  may transfer funds among the appropriations listed in section
     7  1(1), (3) and (4) (4) AND (5), provided that the aggregate        <--
     8  amount transferred into or out of each appropriation during the
     9  fiscal year shall not exceed 5% of the amount specifically
    10  appropriated for that purpose.
    11     Section 4.  (a)  Payments to The Pennsylvania State
    12  University of the appropriations provided in section 1 shall be
    13  made monthly during the fiscal year.
    14     (b)  Such monthly payments shall be made in accordance with
    15  the provisions of section 2 on the basis of estimated costs. The
    16  estimate of costs shall be submitted by The Pennsylvania State
    17  University to the Secretary of Education, the General Assembly
    18  and the State Treasurer not later than 30 days prior to the date
    19  on which such payment is to be made.
    20     (c)  Payments to The Pennsylvania State University provided
    21  in section 1(10) 1(12) are contingent on the university making    <--
    22  all articulation agreements with other higher education
    23  institutions available on the Internet.
    24     Section 5.  (a)  The Pennsylvania State University shall
    25  apply the moneys appropriated by this act only for such purposes
    26  as are permitted in this act and shall at all times maintain
    27  proper records showing the application of such moneys. Not later
    28  than 120 days after the close of the fiscal year to which this
    29  act relates, The Pennsylvania State University shall file, with
    30  the Secretary of Education, the General Assembly and the Auditor
    20000H2402B3599                  - 3 -

     1  General of the Commonwealth, a statement setting forth the
     2  amounts and purposes of all expenditures made from moneys
     3  appropriated by this act and other university accounts during
     4  said fiscal year, as provided in section 2, used as a basis for
     5  receipt of any appropriation during said fiscal year.
     6     (b)  Such statement of expenditures and costs shall be
     7  reviewed by the Auditor General of the Commonwealth, and he
     8  shall have the right, in respect to the moneys appropriated by
     9  this act, to audit and disallow expenditures made for purposes
    10  not permitted by this act and to cause such sums to be recovered
    11  and paid by The Pennsylvania State University to the State
    12  Treasurer. In respect to expenditures made by the university
    13  from moneys other than those appropriated by this act, the
    14  Auditor General shall have the right to review only, and he
    15  shall file annually with the General Assembly such information
    16  concerning such expenditures as the General Assembly or any of
    17  its committees may require.
    18     Section 6.  A report shall be submitted to the Governor and
    19  the Appropriations and Education Committees of the Senate and
    20  House of Representatives and shall include data for all programs
    21  except the Doctor of Medicine program. The report, to be
    22  submitted prior to September 1, 2001, shall cover the 12-month
    23  period beginning with the summer term 2000 and shall include:
    24     (1)  The following counts and distributions for each term
    25  during the period:
    26     (i)  The definitions and numbers of faculty members employed
    27  full time, of faculty members employed part time, of full-time
    28  students enrolled in graduate courses, of full-time students
    29  enrolled in undergraduate courses, of part-time students
    30  enrolled in graduate courses and of part-time students enrolled
    20000H2402B3599                  - 4 -

     1  in undergraduate courses.
     2     (ii)  The total numbers of undergraduate student credit
     3  hours, divided into lower division and upper division course
     4  levels, and of graduate student credit hours, divided into three
     5  course levels--master's, first professional and doctoral.
     6     (iii)  The number of different courses scheduled by level of
     7  instruction and the number of sections of individual instruction
     8  scheduled by level of instruction, each further subdivided by
     9  two-digit Classification of Instructional Program (CIP)
    10  categories of instructional programs of higher education as
    11  defined by the National Center for Education Statistics, United
    12  States Department of Education.
    13     (iv)  The number of terms scheduled and the dates thereof.
    14     (2)  For the summer term and the following academic year in
    15  total and for each two-digit CIP program category, a
    16  classification of faculty members or other professional
    17  employees by title, including: professor, associate professor,
    18  assistant professor, instructor, lecturer, research associate,
    19  librarian and academic administrator; faculty members or other
    20  professional employees under each title to be subdivided by type
    21  of assignment: teaching and nonteaching; and each such set of
    22  faculty members or other professional employees to be further
    23  subdivided by type of employment: full-time or part-time; and
    24  the following aggregates for each such subdivided
    25  classification:
    26     (i)  The number of faculty and other professional employees
    27  and their full-time equivalence in instructional and
    28  noninstructional functions.
    29     (ii)  The sum of credits assigned to undergraduate classroom
    30  courses and the sum of credits assigned to graduate classroom
    20000H2402B3599                  - 5 -

     1  courses taught, divided into lower division, upper division,
     2  master's, first professional and doctoral course levels.
     3     (iii)  The sum of credits assigned to undergraduate
     4  individual instruction courses and the sum of credits assigned
     5  to graduate individual instruction courses taught, divided into
     6  lower division, upper division, master's, first professional and
     7  doctoral course levels.
     8     (iv)  The sum of undergraduate classroom student credit hours
     9  and the sum of graduate classroom student credit hours
    10  generated, divided into lower division, upper division,
    11  master's, first professional and doctoral course levels.
    12     (v)  The sum of undergraduate individual instruction student
    13  credit hours and the sum of graduate individual instruction
    14  student credit hours generated, divided into lower division,
    15  upper division, master's, first professional and doctoral course
    16  levels.
    17     (vi)  The total salary paid for instructional functions and
    18  for noninstructional functions and the amount of this salary
    19  paid for each of these functions from university funds, Federal
    20  funds and other funds.
    21     (3)  For each term of the period covered for each faculty
    22  member employed full time identified by two-digit CIP program
    23  category and title, the report shall contain an analysis of the
    24  average hours per week spent in university-related activities,
    25  stating specifically hours spent in undergraduate classroom
    26  contact and graduate classroom contact, hours spent in
    27  preparation, hours spent in research and hours spent in public
    28  service.
    29     Section 7.  In addition to the requirements in section 6
    30  relative to this appropriation, the report covering the 12-month
    20000H2402B3599                  - 6 -

     1  period beginning with the summer term 2000 shall include for all
     2  programs of the university:
     3     (1)  Minimum number of credits required for a baccalaureate
     4  degree and for a master's degree.
     5     (2)  Number of bachelor's degrees, master's degrees, first
     6  professional degrees and doctoral degrees awarded in 1996, 1997,
     7  1998, 1999, 2000 and estimated 2001.
     8     Section 8.  (a)  The following words and phrases when used in
     9  this section shall have the meanings given to them in this
    10  subsection unless the context clearly indicates otherwise:
    11     "Academic and administrative support units."  Any
    12  organizational entity, as defined in the organizational manual
    13  of the university, that reports directly to the president of the
    14  university, chief academic officer or vice president, including
    15  the office of the president, chief academic officer and vice
    16  president.
    17     "Expenditures."  Disbursements of State appropriations,
    18  tuition and fees supporting educational and general categories
    19  as defined in the Higher Education Finance Manual, Department of
    20  Health, Education and Welfare, 1975, or disbursement, supported
    21  by State appropriations, tuition or fees, to support a defined
    22  project or program under subsection (b)(3).
    23     "Revenue."  All State appropriations and tuition and fees.
    24     (b)  The Pennsylvania State University shall disclose the
    25  following:
    26     (1)  Revenue and expenditure budgets of the university's
    27  academic and administrative support units for the current fiscal
    28  year.
    29     (2)  The actual revenue and expenditures for the prior year
    30  in the same format as the information reported under paragraph
    20000H2402B3599                  - 7 -

     1  (1).
     2     (3)  For any defined project or program which is the subject
     3  of a specific line item appropriation from the General Fund, the
     4  university shall disclose the following:
     5     (i)  Revenue and expenditure budgets of the defined program
     6  or project for the current fiscal year.
     7     (ii)  The actual revenue and expenditures of the defined
     8  program or project for the prior year in the same format as the
     9  information reported under paragraph (1).
    10     (4)  The revenue and expenditures of any auxiliary enterprise
    11  which is directly funded in whole or in part by tuition or a
    12  State appropriation for the current fiscal year.
    13     (c)  The university shall provide the following additional
    14  information for the prior fiscal year for each academic or
    15  administrative support unit, for each defined project or program
    16  and for any auxiliary enterprise:
    17     (1)  The number of employees by academic rank and by
    18  classification the number of administrators, staff, clerical and
    19  technical service employees.
    20     (2)  Median and mean salary by academic rank and by
    21  classification the median and mean salaries of administrators,
    22  staff, clerical and technical service employees.
    23     (3)  Nonsalary compensation as a percentage of salary.
    24  Nonsalary compensation shall include, but not be limited to,
    25  medical benefits, life insurance benefits, pension benefits,
    26  leave benefits, employer Social Security payments and workers'
    27  compensation benefits.
    28     (4)  A statement of the university's retirement policies.
    29     (5)  A policy statement relating to a reduction of tuition
    30  for employees' family members.
    20000H2402B3599                  - 8 -

     1     (6)  A list of purchase of service contracts which exceed
     2  $1,000 by category of service, including, but not limited to,
     3  legal, instructional, management, accounting, architecture,
     4  public relations and maintenance. The list shall contain the
     5  name and address of the contractor, a statement of the nature of
     6  the duties of the contractor and the academic and administrative
     7  support unit for which the duties are performed. If a purchase
     8  of service contract exceeds 10% of the total aggregate
     9  expenditure of the contract category per academic or
    10  administrative support unit, then the contracted amount shall
    11  also be listed.
    12     (7)  A list of purchase of goods contracts which exceed
    13  $1,000. The list shall contain the name and address of the
    14  contractor and a list of the goods purchased and the academic or
    15  administrative support unit for which such goods were
    16  contracted. If a purchase of goods contract exceeds 10% of the
    17  total aggregate expenditure per academic or administrative
    18  support unit, then the contracted amount shall also be listed.
    19     (8)  A list by academic or administrative support unit in the
    20  aggregate, of the expenses of travel, subsistence and lodging,
    21  whether provided or reimbursed.
    22     (d)  The university shall submit a report of the information
    23  under subsections (b) and (c) to the Education Committee of the
    24  Senate and the Appropriations Committee of the Senate and the
    25  Education Committee of the House of Representatives and the
    26  Appropriations Committee of the House of Representatives. In
    27  addition, the university shall submit a copy of the report to
    28  each of the following:
    29     (1)  Governor's Office.
    30     (2)  Secretary of Education.
    20000H2402B3599                  - 9 -

     1     (3)  State Treasurer.
     2     (4)  Auditor General.
     3     (5)  Joint State Government Commission.
     4  Each such institution shall maintain a copy of the report in the
     5  institution's library and shall submit a copy to each of the
     6  four State regional library resource centers.
     7     (e)  A university's report required to be submitted under
     8  this section shall be submitted within 180 days of the close of
     9  the university's current fiscal year.
    10     (f)  The Joint State Government Commission shall develop a
    11  statistical comparison analysis recognizing differences in
    12  missions from the reports made under this section. A majority of
    13  the members of the commission may request additional
    14  documentation, except for salary or identity of individuals,
    15  necessary to complete the comparative analysis. The comparison
    16  shall be provided to the Education Committee of the Senate and
    17  the Appropriations Committee of the Senate and the Education
    18  Committee of the House of Representatives and the Appropriations
    19  Committee of the House of Representatives and the four State
    20  regional libraries.
    21     (g)  The university shall make a copy of the minutes of each
    22  public meeting of the institution's board of trustees, as well
    23  as a copy of the institution's integrated postsecondary
    24  education data systems report, available for public inspection
    25  in the institution's library.
    26     Section 9.  The Pennsylvania State University shall provide
    27  full, complete and accurate information as may be required by
    28  the Department of Education or the chairman or the minority
    29  chairman of the Appropriations Committee of the Senate or the
    30  chairman or the minority chairman of the Appropriations
    20000H2402B3599                 - 10 -

     1  Committee of the House of Representatives.
     2     Section 10.  The Pennsylvania State University shall report
     3  its revenues and expenditures and present its financial
     4  statements required under the provisions of this act in
     5  accordance with generally accepted accounting principles and
     6  procedures for educational institutions as set forth in the
     7  "Higher Education Finance Manual, United States Department of
     8  Health, Education and Welfare (1975)" and the "Commonwealth of
     9  Pennsylvania Budget Instructions for the State System of Higher
    10  Education, State-Related Universities and Non-State-Related
    11  Colleges and Universities."
    12     Section 11.  This act shall take effect July 1, 2000, or
    13  immediately, whichever is later.












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