PRIOR PRINTER'S NO. 857 PRINTER'S NO. 2405
No. 824 Session of 2005
INTRODUCED BY FEESE, MARCH 14, 2005
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 29, 2005
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, 2005, 19 to June 30, 2006, for the purposes and in the amounts as shown:
1 (1) For educational and general expenses...... $246,002,000 <-- 2 (2) For the cost of agricultural research..... 23,094,000 3 (3) For the cost of agricultural extension 4 services.......................................... 27,787,000 5 (4) To enhance the recruitment and retention 6 of disadvantaged students......................... 434,000 7 (5) For the Pennsylvania College of 8 Technology........................................ 11,761,000 9 (1) FOR EDUCATION AND GENERAL EXPENSES........ $247,208,000 <-- 10 (2) FOR MEDICAL EDUCATION..................... 4,829,000 11 (3) FOR CHILDREN'S HOSPITAL................... 4,829,000 12 (4) FOR THE CENTRAL PENNSYLVANIA PSYCHIATRIC 13 INSTITUTE......................................... 1,878,000 14 (5) FOR THE COST OF AGRICULTURAL RESEARCH..... 23,471,000 15 (6) FOR THE COST OF AGRICULTURAL EXTENSION 16 SERVICES.......................................... 28,164,000 17 (7) TO ENHANCE THE RECRUITMENT AND RETENTION 18 OF DISADVANTAGED STUDENTS......................... 434,000 19 (8) FOR THE PENNSYLVANIA COLLEGE OF 20 TECHNOLOGY........................................ 12,114,000 21 (6) (9) For debt service related to the former <-- 22 Williamsport Area Community College............... 1,389,000 23 Section 2. Payments to The Pennsylvania State University on 24 account of the appropriations for all items as provided in 25 section 1 shall be made on the basis of costs during the fiscal 26 year. 27 Section 3. If necessary, The Pennsylvania State University 28 may transfer funds listed in section 1(1) to the appropriation 29 listed in section 1(2), (3), (4), (5) and (6), (6), (7), (8) AND <-- 30 (9), provided that the aggregate amount transferred out of 20050H0824B2405 - 2 -
1 section 1(1) shall not exceed 5% of the amount specifically 2 appropriated for that purpose. 3 Section 4. (a) Payments to The Pennsylvania State 4 University of the appropriations provided in section 1 shall be 5 made monthly during the fiscal year. 6 (b) Such monthly payments shall be made in accordance with 7 the provisions of section 2 on the basis of estimated costs. The 8 estimate of costs shall be submitted by The Pennsylvania State 9 University to the Secretary of Education, the General Assembly 10 and the State Treasurer not later than 30 days prior to the date 11 on which such payment is to be made. 12 Section 5. (a) The Pennsylvania State University shall 13 apply the moneys appropriated by this act only for such purposes 14 as are permitted in this act and shall at all times maintain 15 proper records showing the application of such moneys. Not later 16 than 120 days after the close of the fiscal year to which this 17 act relates, The Pennsylvania State University shall file, with 18 the Secretary of Education, the General Assembly and the Auditor 19 General of the Commonwealth, a statement setting forth the 20 amounts and purposes of all expenditures made from moneys 21 appropriated by this act and other university accounts during 22 said fiscal year, as provided in section 2, used as a basis for 23 receipt of any appropriation during said fiscal year. 24 (b) Such statement of expenditures and costs shall be 25 reviewed by the Auditor General of the Commonwealth, and he 26 shall have the right, in respect to the moneys appropriated by 27 this act, to audit and disallow expenditures made for purposes 28 not permitted by this act and to cause such sums to be recovered 29 and paid by The Pennsylvania State University to the State 30 Treasurer. In respect to expenditures made by the university 20050H0824B2405 - 3 -
1 from moneys other than those appropriated by this act, the 2 Auditor General shall have the right to review only, and he 3 shall file annually with the General Assembly such information 4 concerning such expenditures as the General Assembly or any of 5 its committees may require. 6 Section 6. A report shall be submitted to the Governor and 7 the Appropriations and Education Committees of the Senate and 8 House of Representatives and shall include data for all 9 programs. The report, to be submitted prior to September 1, 10 2006, shall cover the 12-month period beginning with the summer 11 term 2005 and shall include: 12 (1) The following counts and distributions for each term 13 during the period: 14 (i) The definitions and numbers of faculty members employed 15 full time, of faculty members employed part time, of full-time 16 students enrolled in graduate courses, of full-time students 17 enrolled in undergraduate courses, of part-time students 18 enrolled in graduate courses and of part-time students enrolled 19 in undergraduate courses. 20 (ii) The total numbers of undergraduate student credit 21 hours, divided into lower division and upper division course 22 levels, and of graduate student credit hours, divided into three 23 course levels--master's, first professional and doctoral. 24 (iii) The number of different courses scheduled by level of 25 instruction and the number of sections of individual instruction 26 scheduled by level of instruction, each further subdivided by 27 two-digit Classification of Instructional Program (CIP) 28 categories of instructional programs of higher education as 29 defined by the National Center for Education Statistics, United 30 States Department of Education. 20050H0824B2405 - 4 -
1 (iv) The number of terms scheduled and the dates thereof. 2 (2) For the summer term and the following academic year in 3 total and for each two-digit CIP program category, a 4 classification of faculty members or other professional 5 employees by title, including: professor, associate professor, 6 assistant professor, instructor, lecturer, research associate, 7 librarian and academic administrator; faculty members or other 8 professional employees under each title to be subdivided by type 9 of assignment: teaching and nonteaching; and each such set of 10 faculty members or other professional employees to be further 11 subdivided by type of employment: full-time or part-time; and 12 the following aggregates for each such subdivided 13 classification: 14 (i) The number of faculty and other professional employees 15 and their full-time equivalence in instructional and 16 noninstructional functions. 17 (ii) The sum of credits assigned to undergraduate classroom 18 courses and the sum of credits assigned to graduate classroom 19 courses taught, divided into lower division, upper division, 20 master's, first professional and doctoral course levels. 21 (iii) The sum of credits assigned to undergraduate 22 individual instruction courses and the sum of credits assigned 23 to graduate individual instruction courses taught, divided into 24 lower division, upper division, master's, first professional and 25 doctoral course levels. 26 (iv) The sum of undergraduate classroom student credit hours 27 and the sum of graduate classroom student credit hours 28 generated, divided into lower division, upper division, 29 master's, first professional and doctoral course levels. 30 (v) The sum of undergraduate individual instruction student 20050H0824B2405 - 5 -
1 credit hours and the sum of graduate individual instruction 2 student credit hours generated, divided into lower division, 3 upper division, master's, first professional and doctoral course 4 levels. 5 (vi) The total salary paid for instructional functions and 6 for noninstructional functions and the amount of this salary 7 paid for each of these functions from university funds, Federal 8 funds and other funds. 9 (3) For each term of the period covered for each faculty 10 member employed full time identified by two-digit CIP program 11 category and title, the report shall contain an analysis of the 12 average hours per week spent in university-related activities, 13 stating specifically hours spent in undergraduate classroom 14 contact and graduate classroom contact, hours spent in 15 preparation, hours spent in research and hours spent in public 16 service. 17 Section 7. In addition to the requirements in section 6 18 relative to this appropriation, the report covering the 12-month 19 period beginning with the summer term 2005 shall include for all 20 programs of the university: 21 (1) Minimum number of credits required for a baccalaureate 22 degree and for a master's degree. 23 (2) Number of bachelor's degrees, master's degrees, first 24 professional degrees and doctoral degrees awarded in 2001, 2002, 25 2003, 2004, 2005 and estimated 2006. 26 Section 8. (a) The following words and phrases when used in 27 this section shall have the meanings given to them in this 28 subsection unless the context clearly indicates otherwise: 29 "Academic and administrative support units." Any 30 organizational entity, as defined in the organizational manual 20050H0824B2405 - 6 -
1 of the university, that reports directly to the president of the 2 university, chief academic officer or vice president, including 3 the office of the president, chief academic officer and vice 4 president. 5 "Expenditures." Disbursements or payments of State 6 appropriations, tuition and fees supporting operational, 7 educational or other general categories of expenses as defined 8 in: the generally accepted accounting principles as prescribed 9 by the National Association of College and University Business 10 Officers, the American Institute of Certified Public 11 Accountants, or by their successors, or by any other recognized 12 authoritative body; 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"; and, the financial reporting policies and 16 standards promulgated by the Commonwealth of Pennsylvania and by 17 the Federal Government that apply to the Pennsylvania State 18 University. 19 "Revenue." All State appropriations and tuition and fees. 20 (b) The Pennsylvania State University shall disclose the 21 following: 22 (1) Revenue and expenditure budgets of the university's 23 academic and administrative support units for the current fiscal 24 year. 25 (2) The actual revenue and expenditures for the prior year 26 in the same format as the information reported under paragraph 27 (1). 28 (3) For any defined project or program which is the subject 29 of a specific line item appropriation from the General Fund, the 30 university shall disclose the following: 20050H0824B2405 - 7 -
1 (i) Revenue and expenditure budgets of the defined program 2 or project for the current fiscal year. 3 (ii) The actual revenue and expenditures of the defined 4 program or project for the prior year in the same format as the 5 information reported under paragraph (1). 6 (4) The revenue and expenditures of any auxiliary enterprise 7 which is directly funded in whole or in part by tuition or a 8 State appropriation for the current fiscal year. 9 (c) The university shall provide the following additional 10 information for the prior fiscal year for each academic or 11 administrative support unit, for each defined project or program 12 and for any auxiliary enterprise: 13 (1) The number of employees by academic rank and by 14 classification the number of administrators, staff, clerical and 15 technical service employees. 16 (2) Median and mean salary by academic rank and by 17 classification the median and mean salaries of administrators, 18 staff, clerical and technical service employees. 19 (3) Nonsalary compensation as a percentage of salary. 20 Nonsalary compensation shall include, but not be limited to, 21 medical benefits, life insurance benefits, pension benefits, 22 leave benefits, employer Social Security payments and workers' 23 compensation benefits. 24 (4) A statement of the university's retirement policies. 25 (5) A policy statement relating to a reduction of tuition 26 for employees' family members. 27 (6) A list of purchase of service contracts which exceed 28 $1,000 by category of service, including, but not limited to, 29 legal, instructional, management, accounting, architecture, 30 public relations and maintenance. The list shall contain the 20050H0824B2405 - 8 -
1 name and address of the contractor, a statement of the nature of 2 the duties of the contractor and the academic and administrative 3 support unit for which the duties are performed. If a purchase 4 of service contract exceeds 10% of the total aggregate 5 expenditure of the contract category per academic or 6 administrative support unit, then the contracted amount shall 7 also be listed. 8 (7) A list of purchase of goods contracts which exceed 9 $1,000. The list shall contain the name and address of the 10 contractor and a list of the goods purchased and the academic or 11 administrative support unit for which such goods were 12 contracted. If a purchase of goods contract exceeds 10% of the 13 total aggregate expenditure per academic or administrative 14 support unit, then the contracted amount shall also be listed. 15 (8) A list by academic or administrative support unit in the 16 aggregate, of the expenses of travel, subsistence and lodging, 17 whether provided or reimbursed. 18 (d) The university shall submit a report of the information 19 under subsections (b) and (c) to the Education Committee of the 20 Senate and the Appropriations Committee of the Senate and the 21 Education Committee of the House of Representatives and the 22 Appropriations Committee of the House of Representatives. In 23 addition, the university shall submit a copy of the report to 24 each of the following: 25 (1) Governor's Office. 26 (2) Secretary of Education. 27 (3) State Treasurer. 28 (4) Auditor General. 29 (5) Joint State Government Commission. 30 Each such institution shall maintain a copy of the report in the 20050H0824B2405 - 9 -
1 institution's library and shall submit a copy to each of the 2 four State regional library resource centers. 3 (e) A university's report required to be submitted under 4 this section shall be submitted within 180 days of the close of 5 the university's current fiscal year. 6 (f) The Joint State Government Commission shall develop a 7 statistical comparison analysis recognizing differences in 8 missions from the reports made under this section. A majority of 9 the members of the commission may request additional 10 documentation, except for salary or identity of individuals, 11 necessary to complete the comparative analysis. The comparison 12 shall be provided to the Education Committee of the Senate and 13 the Appropriations Committee of the Senate and the Education 14 Committee of the House of Representatives and the Appropriations 15 Committee of the House of Representatives and the four State 16 regional libraries. 17 (g) The university shall make a copy of the minutes of each 18 public meeting of the institution's board of trustees, as well 19 as a copy of the institution's integrated postsecondary 20 education data systems report, available for public inspection 21 in the institution's library. 22 Section 9. The Pennsylvania State University shall provide 23 full, complete and accurate information as may be required by 24 the Department of Education or the chairman or the minority 25 chairman of the Appropriations Committee of the Senate or the 26 chairman or the minority chairman of the Appropriations 27 Committee of the House of Representatives. 28 Section 10. The Pennsylvania State University shall present 29 and report its financial statements required under the 30 provisions of this act in accordance with: the generally 20050H0824B2405 - 10 -
1 accepted accounting principles as prescribed by the National 2 Association of College and University Business Officers, the 3 American Institute of Certified Public Accountants, or their 4 successors, or by any other recognized authoritative body; the 5 "Commonwealth of Pennsylvania Budget Instructions for the State 6 System of Higher Education, State-Related Universities and Non- 7 State-Related Colleges and Universities"; and, the financial 8 reporting policies and standards promulgated by the Commonwealth 9 of Pennsylvania and by the Federal Government that apply to the 10 Pennsylvania State University. 11 Section 11. The Pennsylvania State University shall make all 12 articulation agreements with other higher education institutions 13 available on the Internet. 14 Section 12. This act shall take effect July 1, 2005, or 15 immediately, whichever is later. B18L84RZ/20050H0824B2405 - 11 -