PRINTER'S NO. 755
No. 687 Session of 1989
INTRODUCED BY COWELL, COLAFELLA, HERMAN, LETTERMAN, EVANS,
SCHULER, TIGUE, BATTISTO, KOSINSKI, FOX, COY, LINTON, DALEY,
STAIRS, E. Z. TAYLOR, LESCOVITZ, LANGTRY, ITKIN, KUKOVICH,
NOYE, CAWLEY, JOHNSON, PRESTON, J. L. WRIGHT, BOYES, VROON,
FEE, PRESSMANN, DOMBROWSKI, GIGLIOTTI, CAPPABIANCA, PISTELLA,
DEMPSEY, MAINE, ROBINSON, MAIALE, D. W. SNYDER, MARKOSEK,
VAN HORNE, SEMMEL, HECKLER, NAHILL, JOSEPHS, MERRY, REBER,
HALUSKA, TANGRETTI, DORR, TRELLO, CARLSON, HESS, HERSHEY,
PETRARCA, DeLUCA, WOZNIAK, SAURMAN, FLICK, MICHLOVIC,
JAROLIN, OLIVER, STEIGHNER, McHALE, FARGO, MORRIS, MELIO,
CORRIGAN, HARPER, MICOZZIE, STUBAN, GEIST, BELARDI, GODSHALL,
ROBBINS, CLYMER, STABACK, CIVERA, THOMAS, GRUPPO, OLASZ,
BOWLEY, BELFANTI, BUSH, SERAFINI, BUNT, RAYMOND, McVERRY,
LASHINGER, HUGHES, SALOOM AND KASUNIC, MARCH 7, 1989
REFERRED TO COMMITTEE ON EDUCATION, MARCH 7, 1989
AN ACT
1 Authorizing a program for the Department of Education to make
2 technology upgrade and acquisition grants on behalf of full-
3 time equivalent students attending institutions of higher
4 education in this Commonwealth; and making an appropriation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Higher
9 Education Instructional Equipment Act of 1989.
10 Section 2. Legislative intent.
11 The growing inventory of equipment needs in Pennsylvania
12 colleges and universities is substantial. Obsolete equipment
13 combined with increasing demands for new technologies in
1 expanding disciplines has created a major cost for every college
2 and university in this Commonwealth. The quality of many
3 instructional programs is highly dependent on the quality of the
4 equipment being utilized. Therefore the purpose of this
5 legislation is to establish funds for our colleges and
6 universities to provide for the upgrading of existing equipment
7 and the acquisition of new equipment.
8 Section 3. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Community colleges." Institutions heretofore created
13 pursuant to the act of August 24, 1963 (P.L.1132, No.484), known
14 as the Community College Act of 1963, or now or hereafter
15 created pursuant to Article XIX-A of the act of March 10, 1949
16 (P.L.30, No.14), known as the Public School Code of 1949.
17 "Eligible institution." An independent institution of higher
18 education, a community college, a State-owned institution or a
19 State-related institution, any of which is approved by the
20 Department of Education. It shall not mean an institution which
21 is determined by the department to be a medical school, a
22 theological seminary or school of theology or a sectarian and
23 denominational institution.
24 "Full-time equivalent students." The enrollment in programs
25 at eligible institutions expressed in terms of full-time
26 students as determined by the Department of Education.
27 "Independent institution of higher education." An
28 institution of higher education which is operated not for
29 profit, located in and incorporated or chartered by the
30 Commonwealth, entitled to confer degrees as set forth in section
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1 211 of the act of May 5, 1933 (P.L.289, No.105), known as the
2 Nonprofit Corporation Law, and entitled to apply to itself the
3 designation "college" or "university" as provided for by
4 standards and qualifications prescribed by the State Board of
5 Education pursuant to the act of May 7, 1937 (P.L.585, No.150),
6 entitled, as amended, "An act prohibiting the use of the
7 designation of 'college' by any institution not conforming to
8 the standards of a college prescribed by the State Board of
9 Education; and providing for injunctions, and penalties."
10 "Pennsylvania-based." Manufactured or assembled within this
11 Commonwealth or sold, leased or otherwise provided to an
12 eligible institution by a vendor which has a place of business
13 in this Commonwealth.
14 "State-owned institutions." Those institutions which are
15 part of the State System of Higher Education pursuant to the act
16 of April 9, 1929 (P.L.177, No.175), known as The Administrative
17 Code of 1929.
18 "State-related institutions." The Pennsylvania State
19 University, the University of Pittsburgh, Temple University and
20 Lincoln University and their branch campuses.
21 "Technology grant." Money allocated by the Department of
22 Education for education-related materials, capital items,
23 hardware or software necessary for the educational mission of
24 the categories of institutions named herein which will be an
25 amount determined by dividing the funds appropriated, less
26 reasonable administrative expenses, by the total of all
27 certified full-time equivalent students from all eligible
28 institutions applying for grants.
29 Section 4. Certification of recipients.
30 From the information it receives from colleges and
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1 universities or, in the case of State-owned institutions, from
2 the State System of Higher Education, the Department of
3 Education shall certify the number of full-time equivalent
4 students attending each eligible institution during the most
5 recent year for which data is available.
6 Section 5. Grants.
7 For the academic year beginning on or about September 1,
8 1989, and each academic year thereafter, the Department of
9 Education shall allot directly to eligible institutions on
10 behalf of each full-time equivalent student attending an
11 eligible institution as certified a technology grant. Following
12 the initial allocation and allotment, if any funds appropriated
13 have not been and cannot be allocated to one or more
14 institutions otherwise eligible for funds for any reason, the
15 department shall reallocate these funds to the remaining
16 eligible institutions so that all funds herein appropriated have
17 been allotted.
18 Section 6. Use of moneys.
19 Grant moneys shall be used only for, or in connection with,
20 expenses incurred by the eligible institution to purchase, lease
21 or otherwise upgrade and acquire Pennsylvania-based education-
22 related materials, capital items, hardware or software necessary
23 for the educational mission of the institution. If the eligible
24 institution purchases, leases or otherwise acquires educational
25 equipment which is not Pennsylvania based, it must file with the
26 Department of Education a statement of justification as to why
27 Pennsylvania-based educational equipment was not obtained.
28 Section 7. Forfeiture.
29 Any eligible institution which refuses to submit such
30 information or audit as required by this act or knowingly
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1 submits misrepresentations or false statements with the
2 intention of fraudulently obtaining moneys from the Department
3 of Education shall be denied status as an eligible institution
4 under the provisions of this act.
5 Section 8. Appropriation.
6 The sum of $14,500,000 is hereby appropriated to the
7 Department of Education for the fiscal year July 1, 1989, to
8 June 30, 1990, to carry out the provisions of this act.
9 Section 9. Sunset provision.
10 This act shall expire June 30, 1994.
11 Section 10. Effective date.
12 This act shall take effect July 1, 1989.
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