PRINTER'S NO. 1437
No. 1240 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 November 30, 1965 (P.L.843, No.355),
2 entitled "An act providing for the establishment and
3 operation of Temple University as an instrumentality of the
4 Commonwealth to serve as a State-related university in the
5 higher education system of the Commonwealth; providing for
6 change of name; providing for the composition of the board of
7 trustees; terms of trustees, and the power and duties of such
8 trustees; providing for preference to Pennsylvania residents
9 in tuition; providing for public support and capital
10 improvements; authorizing appropriations in amounts to be
11 fixed annually by the General Assembly; providing for the
12 auditing of accounts of expenditures from said
13 appropriations; authorizing the issuance of bonds exempt from
14 taxation within the Commonwealth; requiring the President to
15 make an annual report of the operations of Temple
16 University," further providing for the Board of Trustees of
17 the university; providing for appointment of trustees to the
18 Board of the Temple University 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 November 30, 1965
23 (P.L.843, No.355), known as the Temple University--Commonwealth
24 Act, is amended to read:
1 Section 4. Board of Trustees; Composition; Commonwealth
2 Trustees; Terms.--(a) The Board of Trustees of the University
3 shall consist of [thirty-six] forty voting members, together
4 with the Governor of the State, the Superintendent of the
5 Department of Public Instruction, and the Mayor of the City of
6 Philadelphia, all of whom shall be members of the board of
7 trustees, ex officio. The elective and appointive members,
8 except as hereinafter provided, shall serve for four year terms.
9 (b) [Twelve] Sixteen of the trustees shall be designated
10 Commonwealth trustees and four shall be appointed by the
11 Governor, with the advice and consent of two-thirds of all of
12 the members of the Senate, four by the President pro tempore of
13 the Senate, and four by the Speaker of the House of
14 Representatives. The remaining Commonwealth trustees shall be
15 appointed as follows:
16 (1) One senator appointed by the President pro tempore of
17 the Senate.
18 (2) One senator appointed by the Minority Leader of the
19 Senate.
20 (3) One representative appointed by the Speaker of the
21 House of Representatives.
22 (4) One representative appointed by the Minority Leader of
23 the House of Representatives.
24 One appointment shall be made by each of the appointing
25 authorities for a term of four years, one for a term of three
26 years, one for a term of two years, and one for a term of one
27 year commencing in October, 1965, and annually thereafter, one
28 appointment shall be made by each of the three Commonwealth
29 appointing authorities for a term of four years. The legislative
30 appointees shall serve for a term concurrent with their term in
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1 office.
2 (c) Within six months after the effective date of this act
3 the by-laws shall be amended to provide for twenty-four
4 trustees, in addition to the [twelve] sixteen Commonwealth
5 trustees, and to establish a procedure whereby annually six of
6 such trustees will be elected for four year terms.
7 Section 2. The act is amended by adding a section to read:
8 Section 4.1 Appointment of Trustees of the Board of the
9 Temple University Health System.--Four Commonwealth trustees,
10 from among the members of the Senate and the House of
11 Representatives, shall be appointed to the Board of Trustees of
12 the Temple University Health System:
13 (1) One senator appointed by the President pro tempore of
14 the Senate.
15 (2) One senator appointed by the Minority Leader of the
16 Senate.
17 (3) One representative appointed by the Speaker of the House
18 of Representatives.
19 (4) One representative appointed by the Minority Leader of
20 the House of Representatives.
21 The legislative appointees shall serve for a term concurrent
22 with their term in office.
23 Section 3. Sections 8 and 10 of the act are amended to read:
24 Section 8. Appropriations.--(a) The sums appropriated by the
25 Commonwealth shall be paid to the board of trustees only upon
26 presentation by them of certified payrolls and vouchers showing
27 expenditures in accordance with the appropriations. The Auditor
28 General shall draw a warrant upon the State Treasurer for
29 payment of approved expenditures. All expenditures made by the
30 board of trustees in respect to such appropriations shall be
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1 subject to a post-audit by the Auditor General.
2 (b) For the purpose of assuring the proper accountability on
3 the part of Temple University for the expenditure of the amounts
4 appropriated by the Commonwealth, Temple University shall
5 establish a Commonwealth Appropriation Account into which only
6 the amounts appropriated by the Commonwealth shall be credited
7 when received. Temple University shall apply the moneys in the
8 Commonwealth Appropriation Account only for such purposes as are
9 permitted in the act appropriating the same and shall at all
10 times maintain proper records showing the application of such
11 moneys. No moneys appropriated by the Commonwealth shall be used
12 to deter union organizing or collective bargaining. Not later
13 than sixty days after the close of the fiscal year to which the
14 specific appropriation relates, Temple University shall file
15 with the General Assembly and with the Auditor General of the
16 Commonwealth, a statement setting forth the amounts and purposes
17 of all expenditures made from both the Commonwealth
18 Appropriation Account and other university accounts during said
19 fiscal year. Such statement of expenditures shall be reviewed by
20 the Auditor General of the Commonwealth, and he shall have the
21 right, in respect to the Commonwealth Appropriation Account, to
22 audit and disallow expenditures made for purposes not permitted
23 by the appropriation act and to cause such sums to be recovered
24 and paid by Temple University to the Treasurer of the
25 Commonwealth. In respect to expenditures made by the university
26 from accounts other than the Commonwealth Appropriation Account,
27 the Auditor General shall have the right to review only and he
28 shall file annually with the General Assembly such information
29 concerning said expenditures as the General Assembly or any of
30 its committees may require.
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1 Section 10. Reports.--The President of the university shall
2 each year, not later than the first day of October, make a
3 report of all the activities of the university, instructional,
4 administrative and financial, for the preceding scholastic and
5 fiscal year, to the board of trustees, who shall transmit the
6 same to the Governor and to the members of the General Assembly.
7 Such report shall include the names and addresses of each member
8 of the board of trustees.
9 Section 4. This act shall take effect immediately.
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