CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 755, 1500 PRINTER'S NO. 1636
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
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 25, 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
1 combined with increasing demands for new technologies in
2 expanding disciplines has created a major cost for every college
3 and university in this Commonwealth. The quality of many
4 instructional programs is highly dependent on the quality of the
5 equipment being utilized. Therefore the purpose of this
6 legislation is to establish funds for our colleges and
7 universities to provide for the upgrading of existing equipment
8 and the acquisition of new equipment.
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Community colleges." Institutions heretofore created
14 pursuant to the act of August 24, 1963 (P.L.1132, No.484), known
15 as the Community College Act of 1963, or now or hereafter
16 created pursuant to Article XIX-A of the act of March 10, 1949
17 (P.L.30, No.14), known as the Public School Code of 1949.
18 "Eligible institution." An independent institution of higher
19 education, A PRIVATE JUNIOR COLLEGE, a community college, a <--
20 State-owned institution or a State-related institution, any of
21 which is approved by the Department of Education. It shall not
22 mean an institution which is determined by the department to be
23 a medical school, a theological seminary or school of theology <--
24 or a sectarian and denominational institution.
25 "Full-time equivalent students." The enrollment in programs
26 at eligible institutions expressed in terms of full-time
27 students as determined by the Department of Education.
28 "Independent institution of higher education." An
29 institution of higher education which is operated not for
30 profit, located in and incorporated or chartered by the
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1 Commonwealth, entitled to confer degrees as set forth in section
2 211 of the act of May 5, 1933 (P.L.289, No.105), known as the
3 Nonprofit Corporation Law, and entitled to apply to itself the
4 designation "college" or "university" as provided for by
5 standards and qualifications prescribed by the State Board of
6 Education pursuant to the act of May 7, 1937 (P.L.585, No.150),
7 entitled, as amended, "An act prohibiting the use of the
8 designation of 'college' by any institution not conforming to
9 the standards of a college prescribed by the State Board of
10 Education; and providing for injunctions, and penalties."
11 "Pennsylvania-based." Manufactured or assembled within this
12 Commonwealth or sold, leased or otherwise provided to an
13 eligible institution by a vendor which has a place of business
14 in this Commonwealth.
15 "PRIVATE JUNIOR COLLEGE." AN INSTITUTION WHICH OFFERS FULL <--
16 TWO-YEAR POSTSECONDARY EDUCATIONAL PROGRAMS CULMINATING WITH
17 ASSOCIATE DEGREES. A JUNIOR COLLEGE ALSO MAY OFFER UPPER-
18 DIVISION PROGRAMS NOT CULMINATING IN A BACCALAUREATE DEGREE WHEN
19 IT HAS THE APPROPRIATE APPROVAL UNDER THE PROVISIONS STATED IN
20 22 PA. CODE CH. 42 (RELATING TO PROGRAM APPROVAL).
21 "State-owned institutions." Those institutions which are
22 part of the State System of Higher Education pursuant to the act
23 of April 9, 1929 (P.L.177, No.175), known as The Administrative
24 Code of 1929.
25 "State-related institutions." The Pennsylvania State
26 University, the University of Pittsburgh, Temple University and
27 Lincoln University and their branch campuses.
28 "Technology grant." Money allocated by the Department of
29 Education for education-related materials, capital items,
30 hardware or software necessary for the educational mission of
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1 the categories of institutions named herein which will be an
2 amount determined by dividing the funds appropriated, less
3 reasonable administrative expenses, by the total of all
4 certified full-time equivalent students from all eligible
5 institutions applying for grants.
6 Section 4. Certification of recipients.
7 From the information it receives from colleges and
8 universities or, in the case of State-owned institutions, from
9 the State System of Higher Education, the Department of
10 Education shall certify the number of full-time equivalent
11 students attending each eligible institution during the most
12 recent year for which data is available.
13 Section 5. Grants.
14 For the academic year beginning on or about September 1,
15 1989, and each academic year thereafter, the Department of
16 Education shall allot directly to eligible institutions on
17 behalf of each full-time equivalent student attending an
18 eligible institution as certified a technology grant. Following
19 the initial allocation and allotment, if any funds appropriated
20 have not been and cannot be allocated to one or more
21 institutions otherwise eligible for funds for any reason, the
22 department shall reallocate these funds to the remaining
23 eligible institutions so that all funds herein appropriated have
24 been allotted.
25 Section 6. Use of moneys.
26 Grant moneys shall be used only for, or in connection with,
27 expenses incurred by the eligible institution to purchase, lease
28 or otherwise upgrade and acquire Pennsylvania-based education-
29 related materials, capital items, hardware or software necessary
30 for the educational mission of the institution. If the eligible
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1 institution purchases, leases or otherwise acquires educational
2 equipment which is not Pennsylvania based, it must file with the
3 Department of Education a statement of justification as to why
4 Pennsylvania-based educational equipment was not obtained.
5 Section 7. Forfeiture.
6 Any eligible institution which refuses to submit such
7 information or audit as required by this act or knowingly
8 submits misrepresentations or false statements with the
9 intention of fraudulently obtaining moneys from the Department
10 of Education shall be denied status as an eligible institution
11 under the provisions of this act.
12 Section 8. Appropriation.
13 The sum of $14,500,000 $17,500,000 is hereby appropriated to <--
14 the Department of Education for the fiscal year July 1, 1989, to
15 June 30, 1990, to carry out the provisions of this act.
16 Section 9. Sunset provision.
17 This act shall expire June 30, 1994.
18 Section 10. Effective date.
19 This act shall take effect July 1, 1989.
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