PRINTER'S NO. 1436
No. 1239 Session of 2001
INTRODUCED BY VEON, COY, GEORGE, D. EVANS, HALUSKA, ROBINSON,
BARRAR, LAUGHLIN, HORSEY, LAWLESS, ALLEN, DALEY, BELARDI,
STABACK, McCALL, BEBKO-JONES, CALTAGIRONE, HARHAI, BLAUM,
MELIO, DIVEN, THOMAS, KIRKLAND, PRESTON, J. WILLIAMS,
LEVDANSKY, ROONEY, YOUNGBLOOD, WANSACZ, DONATUCCI, SCRIMENTI,
SOLOBAY, COSTA, TRELLO, JAMES, DeLUCA, STETLER AND FRANKEL,
APRIL 2, 2001
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 2, 2001
AN ACT
1 Amending the act of July 28, 1966 (3rd Sp.Sess., P.L.87, No.3),
2 entitled "An act providing for the establishment and
3 operation of the University of Pittsburgh as an
4 instrumentality of the Commonwealth to serve as a State-
5 related university in the higher education system of the
6 Commonwealth; providing for change of name; providing for the
7 composition of the board of trustees; terms of trustees, and
8 the power and duties of such trustees; authorizing
9 appropriations in amounts to be fixed annually by the General
10 Assembly; providing for the auditing of accounts of
11 expenditures from said appropriations; providing for public
12 support and capital improvements; authorizing the issuance of
13 bonds exempt from taxation within the Commonwealth; requiring
14 the chancellor to make an annual report of the operations of
15 the University of Pittsburgh," further providing for the
16 Board of Trustees of the university; providing for the
17 appointment of Trustees to the Board of the University of
18 Pittsburgh Medical Center Health System; and further
19 providing for use of appropriated funds and for reports.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 4 of the act of July 28, 1966 (3rd
23 Sp.Sess., P.L.87, No.3), known as the University of Pittsburgh--
24 Commonwealth Act, is amended to read:
1 Section 4. Board of Trustees; Composition; Commonwealth
2 Trustees; Terms.--(a) The amended charter of the university as
3 provided by section 3 of this act shall also provide that the
4 board of trustees of the university shall consist of [thirty-
5 six] forty voting members, one of whom shall be the Chancellor
6 of the University of Pittsburgh and the Governor of the State,
7 the Superintendent of the Department of Public Instruction and
8 the Mayor of the City of Pittsburgh, all of whom shall be
9 members of the board of trustees, ex officio.
10 (b) [Twelve] Sixteen of the trustees shall be designated
11 Commonwealth trustees and four shall be appointed by the
12 Governor, with the advice and consent of two-thirds of all of
13 the members of the Senate, four by the President Pro Tempore of
14 the Senate, and four by the Speaker of the House of
15 Representatives. The remaining Commonwealth trustees shall be
16 appointed as follows:
17 (1) One senator appointed by the President Pro Tempore of
18 the Senate.
19 (2) One senator appointed by the Minority Leader of the
20 Senate.
21 (3) One representative appointed by the Speaker of the
22 House of Representatives.
23 (4) One representative appointed by the Minority Leader of
24 the House of Representatives.
25 One appointment shall be made by each of the appointing
26 authorities for a term of four years, one for a term of three
27 years, one for a term of two years, and one for a term of one
28 year commencing with the date when the change in the charter of
29 the university becomes effective. Annually thereafter, one
30 appointment shall be made by each of the three Commonwealth
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1 appointing authorities for a term of four years. The legislative
2 appointees shall serve for a term concurrent with their term in
3 office.
4 (c) The twenty-four trustees, in addition to the [twelve]
5 sixteen Commonwealth trustees, shall be elected annually under
6 such terms and conditions as may be provided by the university
7 by-laws.
8 Section 2. The act is amended by adding a section to read:
9 Section 4.1 Appointment of Trustees of the Board of the
10 University of Pittsburgh Medical Center Health System.--Four
11 Commonwealth trustees, from among the members of the Senate and
12 the House of Representatives, shall be appointed to the board of
13 trustees of the University of Pittsburgh Medical Center Health
14 System:
15 (1) One senator appointed by the President Pro Tempore of
16 the Senate.
17 (2) One senator appointed by the Minority Leader of the
18 Senate.
19 (3) One representative appointed by the Speaker of the House
20 of Representatives.
21 (4) One representative appointed by the Minority Leader of
22 the House of Representatives.
23 The legislative appointees shall serve for a term concurrent
24 with their term in office.
25 Section 3. Sections 7 and 10 of the act are amended to read:
26 Section 7. Payments of Appropriations, Accountability and
27 Auditing.--(a) The sums appropriated by the Commonwealth shall
28 be paid to the board of trustees only upon presentation by them
29 of certified payrolls and vouchers showing expenditures in
30 accordance with the appropriations. The Auditor General shall
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1 draw a warrant upon the State Treasurer for payment of approved
2 expenditures. All expenditures made by the board of trustees in
3 respect to such appropriations shall be subject to a post-audit
4 by the Auditor General.
5 (b) For the purpose of assuring the proper accountability on
6 the part of the University of Pittsburgh for the expenditure of
7 the amounts appropriated by the Commonwealth, the University of
8 Pittsburgh shall establish a Commonwealth Appropriation Account
9 into which only the amounts appropriated by the Commonwealth
10 shall be credited when received. The University of Pittsburgh
11 shall apply the moneys in the Commonwealth Appropriation Account
12 only for such purposes as are permitted in the act appropriating
13 the same and shall at all times maintain proper records showing
14 the application of such moneys. No moneys appropriated by the
15 Commonwealth shall be used to deter union organizing or
16 collective bargaining. Not later than ninety days after the
17 close of the fiscal year to which the specific appropriation
18 relates, the University of Pittsburgh shall file with the
19 General Assembly and with the Auditor General of the
20 Commonwealth, a statement setting forth the amounts and purposes
21 of all expenditures made from both the Commonwealth
22 Appropriation Account and other university accounts during the
23 fiscal year. Such statement of expenditures shall be reviewed by
24 the Auditor General of the Commonwealth, and he shall have the
25 right, in respect to the Commonwealth Appropriation Account, to
26 audit and disallow expenditures made for purposes not permitted
27 by the appropriation act and to cause such sums to be recovered
28 and paid by the University of Pittsburgh to the Treasurer of the
29 Commonwealth. In respect to expenditures made by the university
30 from accounts other than the Commonwealth Appropriation Account,
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1 the Auditor General shall have the right to review only and he
2 shall file annually with the General Assembly such information
3 concerning such expenditures as the General Assembly or any of
4 its committee may require.
5 Section 10. Reports.--The Chancellor of the university shall
6 each year, not later than the first day of October, make a
7 report of all the activities of the university, instructional,
8 administrative and financial, for the preceding scholastic and
9 fiscal year, to the board of trustees, who shall transmit the
10 same to the Governor and to the members of the General Assembly.
11 Such report shall include the names and addresses of each member
12 of the board of trustees.
13 Section 4. This act shall take effect immediately.
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