SENATE AMENDED PRIOR PRINTER'S NOS. 3194, 3583 PRINTER'S NO. 3594
No. 2402 Session of 2000
INTRODUCED BY BARLEY, MARCH 16, 2000
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 16, 2000
A SUPPLEMENT 1 To the act of April 1, 1863 (P.L.213, No.227), entitled "An act 2 to accept the grant of Public Lands, by the United States, to 3 the several states, for the endowment of Agricultural 4 Colleges," making appropriations for carrying the same into 5 effect; and providing for a basis for payments of such 6 appropriations, for a method of accounting for the funds 7 appropriated and for certain fiscal information disclosure. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. In order to carry into effect the act of 11 Congress, approved July 2, 1862, granting public land to the 12 several states for educational purposes, and subsequent acts of 13 Congress related thereto, and the act of the General Assembly of 14 Pennsylvania accepting the provisions and conditions of said 15 acts of Congress and pledging the faith of the State to carry 16 the same into effect, the following sums, or as much thereof as 17 may be necessary, are hereby appropriated to the Trustees of The 18 Pennsylvania State University for the fiscal year July 1, 2000, 19 to June 30, 2001, for the purposes and in the amounts as shown:
1 (1) For educational and general expenses...... $242,920,000 2 (2) FOR THE INFORMATION SYSTEMS TECHNOLOGY <-- 3 SCHOOL............................................ 4,500,000 4 (2) (3) For medical education................. 4,897,000 <-- 5 (3) (4) For children's hospital............... 5,155,000 <-- 6 (4) (5) For the Central Pennsylvania <-- 7 Psychiatric Institute............................. 2,006,000 8 (5) For the cost of agricultural research..... 22,767,000 <-- 9 (6) For the cost of agricultural extension 10 services.......................................... 26,761,000 11 (7) (6) FOR THE COST OF AGRICULTURAL <-- 12 RESEARCH.......................................... 23,499,000 13 (7) FOR THE COST OF AGRICULTURAL EXTENSION 14 SERVICES.......................................... 27,029,000 15 (8) To enhance the recruitment and retention 16 of disadvantaged students......................... 355,000 17 (8) For the Pennsylvania College of <-- 18 Technology........................................ 12,558,000 19 (9) (9) FOR THE PENNSYLVANIA COLLEGE OF <-- 20 TECHNOLOGY........................................ 14,558,000 21 (10) For debt service related to the former 22 Williamsport Area Community College............... 1,530,000 23 (10) For program initiatives.................. 3,000,000 <-- 24 (11) FOR CAPITOL CAMPUS IMPROVEMENTS.......... 500,000 <-- 25 (12) FOR PROGRAM INITIATIVES.................. 5,000,000 <-- 26 (12) FOR PROGRAM INITIATIVES, INCLUDING AT <-- 27 LEAST $250,000 FOR ACTIVITIES RELATED TO THE 28 NATIONAL SEA GRANT COLLEGE PROGRAM AT THE BEHREND 29 COLLEGE. 30 Section 2. Payments to The Pennsylvania State University on 20000H2402B3594 - 2 -
1 account of the appropriations for all items as provided in 2 section 1 shall be made on the basis of costs during the fiscal 3 year. 4 Section 3. If necessary, The Pennsylvania State University 5 may transfer funds among the appropriations listed in section 6 1(1), (3) and (4) (4) AND (5), provided that the aggregate <-- 7 amount transferred into or out of each appropriation during the 8 fiscal year shall not exceed 5% of the amount specifically 9 appropriated for that purpose. 10 Section 4. (a) Payments to The Pennsylvania State 11 University of the appropriations provided in section 1 shall be 12 made monthly during the fiscal year. 13 (b) Such monthly payments shall be made in accordance with 14 the provisions of section 2 on the basis of estimated costs. The 15 estimate of costs shall be submitted by The Pennsylvania State 16 University to the Secretary of Education, the General Assembly 17 and the State Treasurer not later than 30 days prior to the date 18 on which such payment is to be made. 19 (c) Payments to The Pennsylvania State University provided 20 in section 1(10) 1(12) are contingent on the university making <-- 21 all articulation agreements with other higher education 22 institutions available on the Internet. 23 Section 5. (a) The Pennsylvania State University shall 24 apply the moneys appropriated by this act only for such purposes 25 as are permitted in this act and shall at all times maintain 26 proper records showing the application of such moneys. Not later 27 than 120 days after the close of the fiscal year to which this 28 act relates, The Pennsylvania State University shall file, with 29 the Secretary of Education, the General Assembly and the Auditor 30 General of the Commonwealth, a statement setting forth the 20000H2402B3594 - 3 -
1 amounts and purposes of all expenditures made from moneys 2 appropriated by this act and other university accounts during 3 said fiscal year, as provided in section 2, used as a basis for 4 receipt of any appropriation during said fiscal year. 5 (b) Such statement of expenditures and costs shall be 6 reviewed by the Auditor General of the Commonwealth, and he 7 shall have the right, in respect to the moneys appropriated by 8 this act, to audit and disallow expenditures made for purposes 9 not permitted by this act and to cause such sums to be recovered 10 and paid by The Pennsylvania State University to the State 11 Treasurer. In respect to expenditures made by the university 12 from moneys other than those appropriated by this act, the 13 Auditor General shall have the right to review only, and he 14 shall file annually with the General Assembly such information 15 concerning such expenditures as the General Assembly or any of 16 its committees may require. 17 Section 6. A report shall be submitted to the Governor and 18 the Appropriations and Education Committees of the Senate and 19 House of Representatives and shall include data for all programs 20 except the Doctor of Medicine program. The report, to be 21 submitted prior to September 1, 2001, shall cover the 12-month 22 period beginning with the summer term 2000 and shall include: 23 (1) The following counts and distributions for each term 24 during the period: 25 (i) The definitions and numbers of faculty members employed 26 full time, of faculty members employed part time, of full-time 27 students enrolled in graduate courses, of full-time students 28 enrolled in undergraduate courses, of part-time students 29 enrolled in graduate courses and of part-time students enrolled 30 in undergraduate courses. 20000H2402B3594 - 4 -
1 (ii) The total numbers of undergraduate student credit 2 hours, divided into lower division and upper division course 3 levels, and of graduate student credit hours, divided into three 4 course levels--master's, first professional and doctoral. 5 (iii) The number of different courses scheduled by level of 6 instruction and the number of sections of individual instruction 7 scheduled by level of instruction, each further subdivided by 8 two-digit Classification of Instructional Program (CIP) 9 categories of instructional programs of higher education as 10 defined by the National Center for Education Statistics, United 11 States Department of Education. 12 (iv) The number of terms scheduled and the dates thereof. 13 (2) For the summer term and the following academic year in 14 total and for each two-digit CIP program category, a 15 classification of faculty members or other professional 16 employees by title, including: professor, associate professor, 17 assistant professor, instructor, lecturer, research associate, 18 librarian and academic administrator; faculty members or other 19 professional employees under each title to be subdivided by type 20 of assignment: teaching and nonteaching; and each such set of 21 faculty members or other professional employees to be further 22 subdivided by type of employment: full-time or part-time; and 23 the following aggregates for each such subdivided 24 classification: 25 (i) The number of faculty and other professional employees 26 and their full-time equivalence in instructional and 27 noninstructional functions. 28 (ii) The sum of credits assigned to undergraduate classroom 29 courses and the sum of credits assigned to graduate classroom 30 courses taught, divided into lower division, upper division, 20000H2402B3594 - 5 -
1 master's, first professional and doctoral course levels. 2 (iii) The sum of credits assigned to undergraduate 3 individual instruction courses and the sum of credits assigned 4 to graduate individual instruction courses taught, divided into 5 lower division, upper division, master's, first professional and 6 doctoral course levels. 7 (iv) The sum of undergraduate classroom student credit hours 8 and the sum of graduate classroom student credit hours 9 generated, divided into lower division, upper division, 10 master's, first professional and doctoral course levels. 11 (v) The sum of undergraduate individual instruction student 12 credit hours and the sum of graduate individual instruction 13 student credit hours generated, divided into lower division, 14 upper division, master's, first professional and doctoral course 15 levels. 16 (vi) The total salary paid for instructional functions and 17 for noninstructional functions and the amount of this salary 18 paid for each of these functions from university funds, Federal 19 funds and other funds. 20 (3) For each term of the period covered for each faculty 21 member employed full time identified by two-digit CIP program 22 category and title, the report shall contain an analysis of the 23 average hours per week spent in university-related activities, 24 stating specifically hours spent in undergraduate classroom 25 contact and graduate classroom contact, hours spent in 26 preparation, hours spent in research and hours spent in public 27 service. 28 Section 7. In addition to the requirements in section 6 29 relative to this appropriation, the report covering the 12-month 30 period beginning with the summer term 2000 shall include for all 20000H2402B3594 - 6 -
1 programs of the university: 2 (1) Minimum number of credits required for a baccalaureate 3 degree and for a master's degree. 4 (2) Number of bachelor's degrees, master's degrees, first 5 professional degrees and doctoral degrees awarded in 1996, 1997, 6 1998, 1999, 2000 and estimated 2001. 7 Section 8. (a) The following words and phrases when used in 8 this section shall have the meanings given to them in this 9 subsection unless the context clearly indicates otherwise: 10 "Academic and administrative support units." Any 11 organizational entity, as defined in the organizational manual 12 of the university, that reports directly to the president of the 13 university, chief academic officer or vice president, including 14 the office of the president, chief academic officer and vice 15 president. 16 "Expenditures." Disbursements of State appropriations, 17 tuition and fees supporting educational and general categories 18 as defined in the Higher Education Finance Manual, Department of 19 Health, Education and Welfare, 1975, or disbursement, supported 20 by State appropriations, tuition or fees, to support a defined 21 project or program under subsection (b)(3). 22 "Revenue." All State appropriations and tuition and fees. 23 (b) The Pennsylvania State University shall disclose the 24 following: 25 (1) Revenue and expenditure budgets of the university's 26 academic and administrative support units for the current fiscal 27 year. 28 (2) The actual revenue and expenditures for the prior year 29 in the same format as the information reported under paragraph 30 (1). 20000H2402B3594 - 7 -
1 (3) For any defined project or program which is the subject 2 of a specific line item appropriation from the General Fund, the 3 university shall disclose the following: 4 (i) Revenue and expenditure budgets of the defined program 5 or project for the current fiscal year. 6 (ii) The actual revenue and expenditures of the defined 7 program or project for the prior year in the same format as the 8 information reported under paragraph (1). 9 (4) The revenue and expenditures of any auxiliary enterprise 10 which is directly funded in whole or in part by tuition or a 11 State appropriation for the current fiscal year. 12 (c) The university shall provide the following additional 13 information for the prior fiscal year for each academic or 14 administrative support unit, for each defined project or program 15 and for any auxiliary enterprise: 16 (1) The number of employees by academic rank and by 17 classification the number of administrators, staff, clerical and 18 technical service employees. 19 (2) Median and mean salary by academic rank and by 20 classification the median and mean salaries of administrators, 21 staff, clerical and technical service employees. 22 (3) Nonsalary compensation as a percentage of salary. 23 Nonsalary compensation shall include, but not be limited to, 24 medical benefits, life insurance benefits, pension benefits, 25 leave benefits, employer Social Security payments and workers' 26 compensation benefits. 27 (4) A statement of the university's retirement policies. 28 (5) A policy statement relating to a reduction of tuition 29 for employees' family members. 30 (6) A list of purchase of service contracts which exceed 20000H2402B3594 - 8 -
1 $1,000 by category of service, including, but not limited to, 2 legal, instructional, management, accounting, architecture, 3 public relations and maintenance. The list shall contain the 4 name and address of the contractor, a statement of the nature of 5 the duties of the contractor and the academic and administrative 6 support unit for which the duties are performed. If a purchase 7 of service contract exceeds 10% of the total aggregate 8 expenditure of the contract category per academic or 9 administrative support unit, then the contracted amount shall 10 also be listed. 11 (7) A list of purchase of goods contracts which exceed 12 $1,000. The list shall contain the name and address of the 13 contractor and a list of the goods purchased and the academic or 14 administrative support unit for which such goods were 15 contracted. If a purchase of goods contract exceeds 10% of the 16 total aggregate expenditure per academic or administrative 17 support unit, then the contracted amount shall also be listed. 18 (8) A list by academic or administrative support unit in the 19 aggregate, of the expenses of travel, subsistence and lodging, 20 whether provided or reimbursed. 21 (d) The university shall submit a report of the information 22 under subsections (b) and (c) to the Education Committee of the 23 Senate and the Appropriations Committee of the Senate and the 24 Education Committee of the House of Representatives and the 25 Appropriations Committee of the House of Representatives. In 26 addition, the university shall submit a copy of the report to 27 each of the following: 28 (1) Governor's Office. 29 (2) Secretary of Education. 30 (3) State Treasurer. 20000H2402B3594 - 9 -
1 (4) Auditor General. 2 (5) Joint State Government Commission. 3 Each such institution shall maintain a copy of the report in the 4 institution's library and shall submit a copy to each of the 5 four State regional library resource centers. 6 (e) A university's report required to be submitted under 7 this section shall be submitted within 180 days of the close of 8 the university's current fiscal year. 9 (f) The Joint State Government Commission shall develop a 10 statistical comparison analysis recognizing differences in 11 missions from the reports made under this section. A majority of 12 the members of the commission may request additional 13 documentation, except for salary or identity of individuals, 14 necessary to complete the comparative analysis. The comparison 15 shall be provided to the Education Committee of the Senate and 16 the Appropriations Committee of the Senate and the Education 17 Committee of the House of Representatives and the Appropriations 18 Committee of the House of Representatives and the four State 19 regional libraries. 20 (g) The university shall make a copy of the minutes of each 21 public meeting of the institution's board of trustees, as well 22 as a copy of the institution's integrated postsecondary 23 education data systems report, available for public inspection 24 in the institution's library. 25 Section 9. The Pennsylvania State University shall provide 26 full, complete and accurate information as may be required by 27 the Department of Education or the chairman or the minority 28 chairman of the Appropriations Committee of the Senate or the 29 chairman or the minority chairman of the Appropriations 30 Committee of the House of Representatives. 20000H2402B3594 - 10 -
1 Section 10. The Pennsylvania State University shall report 2 its revenues and expenditures and present its financial 3 statements required under the provisions of this act in 4 accordance with generally accepted accounting principles and 5 procedures for educational institutions as set forth in the 6 "Higher Education Finance Manual, United States Department of 7 Health, Education and Welfare (1975)" and the "Commonwealth of 8 Pennsylvania Budget Instructions for the State System of Higher 9 Education, State-Related Universities and Non-State-Related 10 Colleges and Universities." 11 Section 11. This act shall take effect July 1, 2000, or 12 immediately, whichever is later. B9L84RZ/20000H2402B3594 - 11 -