THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. EVANS, JUNE 15, 2009

REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 15, 2009  

A SUPPLEMENT

To the act of April 1, 1863 (P.L.213, No.227), entitled "An act

to accept the grant of Public Lands, by the United States, to

the several states, for the endowment of Agricultural

Colleges," making Federal and State appropriations for

carrying the same into effect; and providing for a basis for

payments of such appropriations, for a method of accounting

for the funds appropriated and for certain fiscal information

disclosure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  In order to carry into effect the act of

Congress, approved July 2, 1862, granting public land to the

several states for educational purposes, and subsequent acts of

Congress related thereto, and the act of the General Assembly of

Pennsylvania accepting the provisions and conditions of said

acts of Congress and pledging the faith of the State to carry

the same into effect, the following sums, or as much thereof as

may be necessary, are hereby appropriated to the Trustees of The

Pennsylvania State University for the fiscal year July 1, 2009,

to June 30, 2010, for the purposes and in the amounts as shown:

Section 2.  Payments to The Pennsylvania State University on

account of the appropriation provided in section 1 shall be made

on the basis of costs during the fiscal year.

Section 3.  (a)  Subject to the requirements of subsection

(c), payments to The Pennsylvania State University of the

appropriation provided in section 1 shall be made monthly during

the fiscal year.

(b)  Such monthly payments shall be made in accordance with

the provisions of section 2 on the basis of estimated costs. The

estimate of costs shall be submitted by The Pennsylvania State

University to the Secretary of Education, the General Assembly

and the State Treasurer not later than 30 days prior to the date

on which such payment is to be made.

(c)  No funds appropriated under this act shall be received

by The Pennsylvania State University unless the university

agrees to enter into articulation agreements with the community

colleges and the State System of Higher Education institutions

pursuant to Article XX-C of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, and agrees to

participate in a longitudinal data system operated by the

Commonwealth consistent with any applicable United States

Department of Education guidelines. Failure to implement

agreements and participate in the longitudinal data system for

the 2010-2011 school year shall result in the university

returning to the Commonwealth payments received under this act.

Section 4.  (a)  The Pennsylvania State University shall

apply the moneys appropriated by this act only for such purposes

as are permitted in this act and shall at all times maintain

proper records showing the application of such moneys. Not later

than 120 days after the close of the fiscal year to which this

act relates, The Pennsylvania State University shall file, with

the Secretary of Education, the General Assembly and the Auditor

General of the Commonwealth, a statement setting forth the

amounts and purposes of all expenditures made from moneys

appropriated by this act and other university accounts during

said fiscal year, as provided in section 2, used as a basis for

receipt of any appropriation during said fiscal year.

(b)  Such statement of expenditures and costs shall be

reviewed by the Auditor General of the Commonwealth, and he

shall have the right, in respect to the moneys appropriated by

this act, to audit and disallow expenditures made for purposes

not permitted by this act and to cause such sums to be recovered

and paid by The Pennsylvania State University to the State

Treasurer. In respect to expenditures made by the university

from moneys other than those appropriated by this act, the

Auditor General shall have the right to review only, and he

shall file annually with the General Assembly such information

concerning such expenditures as the General Assembly or any of

its committees may require.

Section 5.  The Pennsylvania State University shall provide

full, complete and accurate information as may be required by

the Department of Education or the chairman or the minority

chairman of the Appropriations Committee of the Senate or the

chairman or the minority chairman of the Appropriations

Committee of the House of Representatives.

Section 6.  The Pennsylvania State University shall present

and report its financial statements required under the

provisions of this act in accordance with: the generally

accepted accounting principles as prescribed by the National

Association of College and University Business Officers, the

American Institute of Certified Public Accountants, or their

successors, or by any other recognized authoritative body; the

"Commonwealth of Pennsylvania Budget Instructions for the State

System of Higher Education, State-Related Universities and Non-

State-Related Colleges and Universities"; and, the financial

reporting policies and standards promulgated by the Commonwealth

of Pennsylvania and by the Federal Government that apply to The

Pennsylvania State University.

Section 7.  The Pennsylvania State University shall make all

articulation agreements with other higher education institutions

available on the Internet.

Section 8.  This act shall take effect July 1, 2009, or

immediately, whichever is later.