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                                 HOUSE AMENDED
        PRIOR PRINTER'S NO. 1112                      PRINTER'S NO. 1312

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 929 Session of 2007


        INTRODUCED BY ARMSTRONG, JUNE 8, 2007

        AS AMENDED, COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, JULY 14, 2007

                                  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, 2007,
    19  to June 30, 2008, for the purposes and in the amounts as shown:

     1     (1)  For education and general expenses........  $263,499,000
     2     (2)  For the cost of agricultural research.....    25,094,000  <--
     3     (3)  For the cost of agricultural extension
     4  services..........................................    29,787,000
     5     (2)  FOR THE COST OF AGRICULTURAL RESEARCH.....    25,595,000  <--
     6     (3)  FOR THE COST OF AGRICULTURAL EXTENSION
     7  SERVICES..........................................    30,384,000
     8     (4)  To enhance the recruitment and retention
     9  of disadvantaged students.........................       454,000
    10     (5)  For the Pennsylvania College of
    11  Technology........................................    12,659,000  <--
    12  TECHNOLOGY........................................    12,909,000  <--
    13     (6)  For debt service related to the former
    14  Williamsport Area Community College...............     1,389,000
    15     Section 2.  Payments to The Pennsylvania State University on
    16  account of the appropriations for all items as provided in
    17  section 1 shall be made on the basis of costs during the fiscal
    18  year.
    19     Section 3.  If necessary, The Pennsylvania State University
    20  may transfer funds listed in section 1(1) to the appropriation
    21  listed in section 1(2), (3), (4), (5) and (6), provided that the
    22  aggregate amount transferred out of section 1(1) shall not
    23  exceed 5% of the amount specifically appropriated for that
    24  purpose.
    25     Section 4.  (a)  Payments to The Pennsylvania State
    26  University of the appropriations provided in section 1 shall be
    27  made monthly during the fiscal year.
    28     (b)  Such monthly payments shall be made in accordance with
    29  the provisions of section 2 on the basis of estimated costs. The
    30  estimate of costs shall be submitted by The Pennsylvania State
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     1  University to the Secretary of Education, the General Assembly
     2  and the State Treasurer not later than 30 days prior to the date
     3  on which such payment is to be made.
     4     Section 5.  (a)  The Pennsylvania State University shall
     5  apply the moneys appropriated by this act only for such purposes
     6  as are permitted in this act and shall at all times maintain
     7  proper records showing the application of such moneys. Not later
     8  than 120 days after the close of the fiscal year to which this
     9  act relates, The Pennsylvania State University shall file, with
    10  the Secretary of Education, the General Assembly and the Auditor
    11  General of the Commonwealth, a statement setting forth the
    12  amounts and purposes of all expenditures made from moneys
    13  appropriated by this act and other university accounts during
    14  said fiscal year, as provided in section 2, used as a basis for
    15  receipt of any appropriation during said fiscal year.
    16     (b)  Such statement of expenditures and costs shall be
    17  reviewed by the Auditor General of the Commonwealth, and he
    18  shall have the right, in respect to the moneys appropriated by
    19  this act, to audit and disallow expenditures made for purposes
    20  not permitted by this act and to cause such sums to be recovered
    21  and paid by The Pennsylvania State University to the State
    22  Treasurer. In respect to expenditures made by the university
    23  from moneys other than those appropriated by this act, the
    24  Auditor General shall have the right to review only, and he
    25  shall file annually with the General Assembly such information
    26  concerning such expenditures as the General Assembly or any of
    27  its committees may require.
    28     Section 6.  A report shall be submitted to the Governor and
    29  the Appropriations and Education Committees of the Senate and
    30  House of Representatives and shall include data for all
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     1  programs. The report, to be submitted prior to September 1,
     2  2008, shall cover the 12-month period beginning with the summer
     3  term 2007 and shall include:
     4     (1)  The following counts and distributions for each term
     5  during the period:
     6     (i)  The definitions and numbers of faculty members employed
     7  full time, of faculty members employed part time, of full-time
     8  students enrolled in graduate courses, of full-time students
     9  enrolled in undergraduate courses, of part-time students
    10  enrolled in graduate courses and of part-time students enrolled
    11  in undergraduate courses.
    12     (ii)  The total numbers of undergraduate student credit
    13  hours, divided into lower division and upper division course
    14  levels, and of graduate student credit hours, divided into three
    15  course levels--master's, first professional and doctoral.
    16     (iii)  The number of different courses scheduled by level of
    17  instruction and the number of sections of individual instruction
    18  scheduled by level of instruction, each further subdivided by
    19  two-digit Classification of Instructional Program (CIP)
    20  categories of instructional programs of higher education as
    21  defined by the National Center for Education Statistics, United
    22  States Department of Education.
    23     (iv)  The number of terms scheduled and the dates thereof.
    24     (2)  For the summer term and the following academic year in
    25  total and for each two-digit CIP program category, a
    26  classification of faculty members or other professional
    27  employees by title, including: professor, associate professor,
    28  assistant professor, instructor, lecturer, research associate,
    29  librarian and academic administrator; faculty members or other
    30  professional employees under each title to be subdivided by type
    20070S0929B1312                  - 4 -     

     1  of assignment: teaching and nonteaching; and each such set of
     2  faculty members or other professional employees to be further
     3  subdivided by type of employment: full-time or part-time; and
     4  the following aggregates for each such subdivided
     5  classification:
     6     (i)  The number of faculty and other professional employees
     7  and their full-time equivalence in instructional and
     8  noninstructional functions.
     9     (ii)  The sum of credits assigned to undergraduate classroom
    10  courses and the sum of credits assigned to graduate classroom
    11  courses taught, divided into lower division, upper division,
    12  master's, first professional and doctoral course levels.
    13     (iii)  The sum of credits assigned to undergraduate
    14  individual instruction courses and the sum of credits assigned
    15  to graduate individual instruction courses taught, divided into
    16  lower division, upper division, master's, first professional and
    17  doctoral course levels.
    18     (iv)  The sum of undergraduate classroom student credit hours
    19  and the sum of graduate classroom student credit hours
    20  generated, divided into lower division, upper division,
    21  master's, first professional and doctoral course levels.
    22     (v)  The sum of undergraduate individual instruction student
    23  credit hours and the sum of graduate individual instruction
    24  student credit hours generated, divided into lower division,
    25  upper division, master's, first professional and doctoral course
    26  levels.
    27     (vi)  The total salary paid for instructional functions and
    28  for noninstructional functions and the amount of this salary
    29  paid for each of these functions from university funds, Federal
    30  funds and other funds.
    20070S0929B1312                  - 5 -     

     1     (3)  For each term of the period covered for each faculty
     2  member employed full time identified by two-digit CIP program
     3  category and title, the report shall contain an analysis of the
     4  average hours per week spent in university-related activities,
     5  stating specifically hours spent in undergraduate classroom
     6  contact and graduate classroom contact, hours spent in
     7  preparation, hours spent in research and hours spent in public
     8  service.
     9     Section 7.  In addition to the requirements in section 6
    10  relative to this appropriation, the report covering the 12-month
    11  period beginning with the summer term 2007 shall include for all
    12  programs of the university:
    13     (1)  Minimum number of credits required for a baccalaureate
    14  degree and for a master's degree.
    15     (2)  Number of bachelor's degrees, master's degrees, first
    16  professional degrees and doctoral degrees awarded in 2003, 2004,
    17  2005, 2006, 2007 and estimated 2008.
    18     Section 8.  (a)  The following words and phrases when used in
    19  this section shall have the meanings given to them in this
    20  subsection unless the context clearly indicates otherwise:
    21     "Academic and administrative support units."  Any
    22  organizational entity, as defined in the organizational manual
    23  of the university, that reports directly to the president of the
    24  university, chief academic officer or vice president, including
    25  the office of the president, chief academic officer and vice
    26  president.
    27     "Expenditures."  Disbursements or payments of State
    28  appropriations, tuition and fees supporting operational,
    29  educational or other general categories of expenses as defined
    30  in: the generally accepted accounting principles as prescribed
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     1  by the National Association of College and University Business
     2  Officers, the American Institute of Certified Public
     3  Accountants, or by their successors, or by any other recognized
     4  authoritative body; the "Commonwealth of Pennsylvania Budget
     5  Instructions for the State System of Higher Education, State-
     6  Related Universities and Non-State-Related Colleges and
     7  Universities"; and, the financial reporting policies and
     8  standards promulgated by the Commonwealth of Pennsylvania and by
     9  the Federal Government that apply to the Pennsylvania State
    10  University.
    11     "Revenue."  All State appropriations and tuition and fees.
    12     (b)  The Pennsylvania State University shall disclose the
    13  following:
    14     (1)  Revenue and expenditure budgets of the university's
    15  academic and administrative support units for the current fiscal
    16  year.
    17     (2)  The actual revenue and expenditures for the prior year
    18  in the same format as the information reported under paragraph
    19  (1).
    20     (3)  For any defined project or program which is the subject
    21  of a specific line item appropriation from the General Fund, the
    22  university shall disclose the following:
    23     (i)  Revenue and expenditure budgets of the defined program
    24  or project for the current fiscal year.
    25     (ii)  The actual revenue and expenditures of the defined
    26  program or project for the prior year in the same format as the
    27  information reported under paragraph (1).
    28     (4)  The revenue and expenditures of any auxiliary enterprise
    29  which is directly funded in whole or in part by tuition or a
    30  State appropriation for the current fiscal year.
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     1     (c)  The university shall provide the following additional
     2  information for the prior fiscal year for each academic or
     3  administrative support unit, for each defined project or program
     4  and for any auxiliary enterprise:
     5     (1)  The number of employees by academic rank and by
     6  classification the number of administrators, staff, clerical and
     7  technical service employees.
     8     (2)  Median and mean salary by academic rank and by
     9  classification the median and mean salaries of administrators,
    10  staff, clerical and technical service employees.
    11     (3)  Nonsalary compensation as a percentage of salary.
    12  Nonsalary compensation shall include, but not be limited to,
    13  medical benefits, life insurance benefits, pension benefits,
    14  leave benefits, employer Social Security payments and workers'
    15  compensation benefits.
    16     (4)  A statement of the university's retirement policies.
    17     (5)  A policy statement relating to a reduction of tuition
    18  for employees' family members.
    19     (6)  A list of purchase of service contracts which exceed
    20  $1,000 by category of service, including, but not limited to,
    21  legal, instructional, management, accounting, architecture,
    22  public relations and maintenance. The list shall contain the
    23  name and address of the contractor, a statement of the nature of
    24  the duties of the contractor and the academic and administrative
    25  support unit for which the duties are performed. If a purchase
    26  of service contract exceeds 10% of the total aggregate
    27  expenditure of the contract category per academic or
    28  administrative support unit, then the contracted amount shall
    29  also be listed.
    30     (7)  A list of purchase of goods contracts which exceed
    20070S0929B1312                  - 8 -     

     1  $1,000. The list shall contain the name and address of the
     2  contractor and a list of the goods purchased and the academic or
     3  administrative support unit for which such goods were
     4  contracted. If a purchase of goods contract exceeds 10% of the
     5  total aggregate expenditure per academic or administrative
     6  support unit, then the contracted amount shall also be listed.
     7     (8)  A list by academic or administrative support unit in the
     8  aggregate, of the expenses of travel, subsistence and lodging,
     9  whether provided or reimbursed.
    10     (d)  The university shall submit a report of the information
    11  under subsections (b) and (c) to the Education Committee of the
    12  Senate and the Appropriations Committee of the Senate and the
    13  Education Committee of the House of Representatives and the
    14  Appropriations Committee of the House of Representatives. In
    15  addition, the university shall submit a copy of the report to
    16  each of the following:
    17     (1)  Governor's Office.
    18     (2)  Secretary of Education.
    19     (3)  State Treasurer.
    20     (4)  Auditor General.
    21     (5)  Joint State Government Commission.
    22  Each such institution shall maintain a copy of the report in the
    23  institution's library and shall submit a copy to each of the
    24  four State regional library resource centers.
    25     (e)  A university's report required to be submitted under
    26  this section shall be submitted within 180 days of the close of
    27  the university's current fiscal year.
    28     (f)  The Joint State Government Commission shall develop a
    29  statistical comparison analysis recognizing differences in
    30  missions from the reports made under this section. A majority of
    20070S0929B1312                  - 9 -     

     1  the members of the commission may request additional
     2  documentation, except for salary or identity of individuals,
     3  necessary to complete the comparative analysis. The comparison
     4  shall be provided to the Education Committee of the Senate and
     5  the Appropriations Committee of the Senate and the Education
     6  Committee of the House of Representatives and the Appropriations
     7  Committee of the House of Representatives and the four State
     8  regional libraries.
     9     (g)  The university shall make a copy of the minutes of each
    10  public meeting of the institution's board of trustees, as well
    11  as a copy of the institution's integrated postsecondary
    12  education data systems report, available for public inspection
    13  in the institution's library.
    14     Section 9.  The Pennsylvania State University shall provide
    15  full, complete and accurate information as may be required by
    16  the Department of Education or the chairman or the minority
    17  chairman of the Appropriations Committee of the Senate or the
    18  chairman or the minority chairman of the Appropriations
    19  Committee of the House of Representatives.
    20     Section 10.  The Pennsylvania State University shall present
    21  and report its financial statements required under the
    22  provisions of this act in accordance with: the generally
    23  accepted accounting principles as prescribed by the National
    24  Association of College and University Business Officers, the
    25  American Institute of Certified Public Accountants, or their
    26  successors, or by any other recognized authoritative body; the
    27  "Commonwealth of Pennsylvania Budget Instructions for the State
    28  System of Higher Education, State-Related Universities and Non-
    29  State-Related Colleges and Universities"; and, the financial
    30  reporting policies and standards promulgated by the Commonwealth
    20070S0929B1312                 - 10 -     

     1  of Pennsylvania and by the Federal Government that apply to the
     2  Pennsylvania State University.
     3     Section 11.  The Pennsylvania State University shall make all
     4  articulation agreements with other higher education institutions
     5  available on the Internet.
     6     Section 12.  This act shall take effect July 1, 2007, or
     7  immediately, whichever is later.
















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