SENATE AMENDED PRIOR PRINTER'S NO. 3672 PRINTER'S NO. 4318
No. 2529 Session of 2004
INTRODUCED BY ARGALL, APRIL 12, 2004
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 3, 2004
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, 2004, 19 to June 30, 2005, for the purposes and in the amounts as shown:
1 (1) For educational and general expenses...... $239,434,000 <-- 2 (2) For medical education..................... 4,793,000 3 (3) For children's hospital................... 4,793,000 4 (4) For the Central Pennsylvania Psychiatric 5 Institute......................................... 1,864,000 6 (5) For the cost of agricultural research..... 22,922,000 7 (6) For the cost of agricultural extension 8 services.......................................... 27,580,000 9 (7) To enhance the recruitment and retention 10 of disadvantaged students......................... 332,000 11 (8) For the Pennsylvania College of 12 Technology........................................ 11,673,000 13 (9) For debt service related to the former 14 Williamsport Area Community College............... 1,379,000 15 (1) FOR EDUCATIONAL AND GENERAL EXPENSES...... $241,178,000 <-- 16 (2) FOR MEDICAL EDUCATION..................... 4,829,000 17 (3) FOR CHILDREN'S HOSPITAL................... 4,829,000 18 (4) FOR THE CENTRAL PENNSYLVANIA PSYCHIATRIC 19 INSTITUTE......................................... 1,878,000 20 (5) FOR THE COST OF AGRICULTURAL RESEARCH..... 23,094,000 21 (6) FOR THE COST OF AGRICULTURAL EXTENSION 22 SERVICES.......................................... 27,787,000 23 (7) TO ENHANCE THE RECRUITMENT AND RETENTION 24 OF DISADVANTAGED STUDENTS......................... 434,000 25 (8) FOR THE PENNSYLVANIA COLLEGE OF 26 TECHNOLOGY........................................ 11,761,000 27 (9) FOR DEBT SERVICE RELATED TO THE FORMER 28 WILLIAMSPORT AREA COMMUNITY COLLEGE............... 1,389,000 29 Section 2. Payments to The Pennsylvania State University on 30 account of the appropriations for all items as provided in 20040H2529B4318 - 2 -
1 section 1 shall be made on the basis of costs during the fiscal 2 year. 3 Section 3. If necessary, The Pennsylvania State University 4 may transfer funds among the appropriations listed in section <-- 5 1(1), (4) and (5), provided that the aggregate amount 6 transferred into or out of each appropriation during the fiscal 7 year shall not exceed 5% of the amount specifically appropriated 8 for that purpose. MAY TRANSFER FUNDS LISTED IN SECTION 1(1) TO <-- 9 THE APPROPRIATION LISTED IN SECTION 1(2), (3), (4), (5), (6), 10 (7), (8) AND (9), PROVIDED THAT THE AGGREGATE AMOUNT TRANSFERRED 11 OUT OF SECTION 1(1) SHALL NOT EXCEED 5% OF THE AMOUNT 12 SPECIFICALLY APPROPRIATED FOR THAT PURPOSE. 13 Section 4. (a) Payments to The Pennsylvania State 14 University of the appropriations provided in section 1 shall be 15 made monthly during the fiscal year. 16 (b) Such monthly payments shall be made in accordance with 17 the provisions of section 2 on the basis of estimated costs. The 18 estimate of costs shall be submitted by The Pennsylvania State 19 University to the Secretary of Education, the General Assembly 20 and the State Treasurer not later than 30 days prior to the date 21 on which such payment is to be made. 22 Section 5. (a) The Pennsylvania State University shall 23 apply the moneys appropriated by this act only for such purposes 24 as are permitted in this act and shall at all times maintain 25 proper records showing the application of such moneys. Not later 26 than 120 days after the close of the fiscal year to which this 27 act relates, The Pennsylvania State University shall file, with 28 the Secretary of Education, the General Assembly and the Auditor 29 General of the Commonwealth, a statement setting forth the 30 amounts and purposes of all expenditures made from moneys 20040H2529B4318 - 3 -
1 appropriated by this act and other university accounts during 2 said fiscal year, as provided in section 2, used as a basis for 3 receipt of any appropriation during said fiscal year. 4 (b) Such statement of expenditures and costs shall be 5 reviewed by the Auditor General of the Commonwealth, and he 6 shall have the right, in respect to the moneys appropriated by 7 this act, to audit and disallow expenditures made for purposes 8 not permitted by this act and to cause such sums to be recovered 9 and paid by The Pennsylvania State University to the State 10 Treasurer. In respect to expenditures made by the university 11 from moneys other than those appropriated by this act, the 12 Auditor General shall have the right to review only, and he 13 shall file annually with the General Assembly such information 14 concerning such expenditures as the General Assembly or any of 15 its committees may require. 16 Section 6. A report shall be submitted to the Governor and 17 the Appropriations and Education Committees of the Senate and 18 House of Representatives and shall include data for all programs 19 except the Doctor of Medicine program. The report, to be 20 submitted prior to September 1, 2005, shall cover the 12-month 21 period beginning with the summer term 2004 and shall include: 22 (1) The following counts and distributions for each term 23 during the period: 24 (i) The definitions and numbers of faculty members employed 25 full time, of faculty members employed part time, of full-time 26 students enrolled in graduate courses, of full-time students 27 enrolled in undergraduate courses, of part-time students 28 enrolled in graduate courses and of part-time students enrolled 29 in undergraduate courses. 30 (ii) The total numbers of undergraduate student credit 20040H2529B4318 - 4 -
1 hours, divided into lower division and upper division course 2 levels, and of graduate student credit hours, divided into three 3 course levels--master's, first professional and doctoral. 4 (iii) The number of different courses scheduled by level of 5 instruction and the number of sections of individual instruction 6 scheduled by level of instruction, each further subdivided by 7 two-digit Classification of Instructional Program (CIP) 8 categories of instructional programs of higher education as 9 defined by the National Center for Education Statistics, United 10 States Department of Education. 11 (iv) The number of terms scheduled and the dates thereof. 12 (2) For the summer term and the following academic year in 13 total and for each two-digit CIP program category, a 14 classification of faculty members or other professional 15 employees by title, including: professor, associate professor, 16 assistant professor, instructor, lecturer, research associate, 17 librarian and academic administrator; faculty members or other 18 professional employees under each title to be subdivided by type 19 of assignment: teaching and nonteaching; and each such set of 20 faculty members or other professional employees to be further 21 subdivided by type of employment: full-time or part-time; and 22 the following aggregates for each such subdivided 23 classification: 24 (i) The number of faculty and other professional employees 25 and their full-time equivalence in instructional and 26 noninstructional functions. 27 (ii) The sum of credits assigned to undergraduate classroom 28 courses and the sum of credits assigned to graduate classroom 29 courses taught, divided into lower division, upper division, 30 master's, first professional and doctoral course levels. 20040H2529B4318 - 5 -
1 (iii) The sum of credits assigned to undergraduate 2 individual instruction courses and the sum of credits assigned 3 to graduate individual instruction courses taught, divided into 4 lower division, upper division, master's, first professional and 5 doctoral course levels. 6 (iv) The sum of undergraduate classroom student credit hours 7 and the sum of graduate classroom student credit hours 8 generated, divided into lower division, upper division, 9 master's, first professional and doctoral course levels. 10 (v) The sum of undergraduate individual instruction student 11 credit hours and the sum of graduate individual instruction 12 student credit hours generated, divided into lower division, 13 upper division, master's, first professional and doctoral course 14 levels. 15 (vi) The total salary paid for instructional functions and 16 for noninstructional functions and the amount of this salary 17 paid for each of these functions from university funds, Federal 18 funds and other funds. 19 (3) For each term of the period covered for each faculty 20 member employed full time identified by two-digit CIP program 21 category and title, the report shall contain an analysis of the 22 average hours per week spent in university-related activities, 23 stating specifically hours spent in undergraduate classroom 24 contact and graduate classroom contact, hours spent in 25 preparation, hours spent in research and hours spent in public 26 service. 27 Section 7. In addition to the requirements in section 6 28 relative to this appropriation, the report covering the 12-month 29 period beginning with the summer term 2004 shall include for all 30 programs of the university: 20040H2529B4318 - 6 -
1 (1) Minimum number of credits required for a baccalaureate 2 degree and for a master's degree. 3 (2) Number of bachelor's degrees, master's degrees, first 4 professional degrees and doctoral degrees awarded in 2000, 2001, 5 2002, 2003, 2004 and estimated 2005. 6 Section 8. (a) The following words and phrases when used in 7 this section shall have the meanings given to them in this 8 subsection unless the context clearly indicates otherwise: 9 "Academic and administrative support units." Any 10 organizational entity, as defined in the organizational manual 11 of the university, that reports directly to the president of the 12 university, chief academic officer or vice president, including 13 the office of the president, chief academic officer and vice 14 president. 15 "Expenditures." Disbursements or payments of State 16 appropriations, tuition and fees supporting operational, 17 educational or other general categories of expenses as defined 18 in: the generally accepted accounting principles as prescribed 19 by the National Association of College and University Business 20 Officers, the American Institute of Certified Public 21 Accountants, or by their successors, or by any other recognized 22 authoritative body; the "Commonwealth of Pennsylvania Budget 23 Instructions for the State System of Higher Education, State- 24 Related Universities and Non-State-Related Colleges and 25 Universities"; and, the financial reporting policies and 26 standards promulgated by the Commonwealth of Pennsylvania and by 27 the Federal Government that apply to the Pennsylvania State 28 University. 29 "Revenue." All State appropriations and tuition and fees. 30 (b) The Pennsylvania State University shall disclose the 20040H2529B4318 - 7 -
1 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, 20040H2529B4318 - 8 -
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 20040H2529B4318 - 9 -
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 20040H2529B4318 - 10 -
1 in the institution's library. 2 Section 9. The Pennsylvania State University shall provide 3 full, complete and accurate information as may be required by 4 the Department of Education or the chairman or the minority 5 chairman of the Appropriations Committee of the Senate or the 6 chairman or the minority chairman of the Appropriations 7 Committee of the House of Representatives. 8 Section 10. The Pennsylvania State University shall present 9 and report its financial statements required under the 10 provisions of this act in accordance with: the generally 11 accepted accounting principles as prescribed by the National 12 Association of College and University Business Officers, the 13 American Institute of Certified Public Accountants, or their 14 successors, or by any other recognized authoritative body; the 15 "Commonwealth of Pennsylvania Budget Instructions for the State 16 System of Higher Education, State-Related Universities and Non- 17 State-Related Colleges and Universities"; and, the financial 18 reporting policies and standards promulgated by the Commonwealth 19 of Pennsylvania and by the Federal Government that apply to the 20 Pennsylvania State University. 21 Section 11. The Pennsylvania State University shall make all 22 articulation agreements with other higher education institutions 23 available on the Internet. 24 Section 12. This act shall take effect July 1, 2004, or 25 immediately, whichever is later. B4L84RZ/20040H2529B4318 - 11 -