PRIOR PRINTER'S NO. 1687 PRINTER'S NO. 2251
No. 1314 Session of 1998
INTRODUCED BY THOMPSON, GREENLEAF AND CONTI, MARCH 6, 1998
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, NOVEMBER 9, 1998
A SUPPLEMENT <-- AN ACT <-- 1 To the act of July 7, 1972 (P.L.743, No.176), entitled "An act <-- 2 providing for the establishment and operation of Lincoln 3 University as an instrumentality of the Commonwealth to serve 4 as a State-related institution in the higher education system 5 of the Commonwealth; providing for change of name; providing 6 for the composition of the board of trustees; terms of 7 trustees, and the power and duties of such trustees; 8 providing for preference to Pennsylvania residents in 9 tuition; authorizing appropriations in amounts to be fixed 10 annually by the General Assembly; providing for the auditing 11 of accounts of expenditures from said appropriations; 12 providing for public support and capital improvements; 13 authorizing the issuance of bonds exempt from taxation within 14 the Commonwealth; requiring the President to make an annual 15 report of the operations of Lincoln University," making 16 appropriations for carrying the same into effect; providing 17 for a basis for payments of such appropriations; and 18 providing a method of accounting for the funds appropriated 19 and for certain fiscal information disclosure. 20 AMENDING THE ACT OF OCTOBER 16, 1998 (P.L. , NO.44A), <-- 21 ENTITLED, "A SUPPLEMENT TO THE ACT OF JULY 7, 1972 (P.L.743, 22 NO.176), ENTITLED 'AN ACT PROVIDING FOR THE ESTABLISHMENT AND 23 OPERATION OF LINCOLN UNIVERSITY AS AN INSTRUMENTALITY OF THE 24 COMMONWEALTH TO SERVE AS A STATE-RELATED INSTITUTION IN THE 25 HIGHER EDUCATION SYSTEM OF THE COMMONWEALTH; PROVIDING FOR 26 CHANGE OF NAME; PROVIDING FOR THE COMPOSITION OF THE BOARD OF 27 TRUSTEES; TERMS OF TRUSTEES, AND THE POWER AND DUTIES OF SUCH 28 TRUSTEES; PROVIDING FOR PREFERENCE TO PENNSYLVANIA RESIDENTS 29 IN TUITION; AUTHORIZING APPROPRIATIONS IN AMOUNTS TO BE FIXED 30 ANNUALLY BY THE GENERAL ASSEMBLY; PROVIDING FOR THE AUDITING 31 OF ACCOUNTS OF EXPENDITURES FROM SAID APPROPRIATIONS; 32 PROVIDING FOR PUBLIC SUPPORT AND CAPITAL IMPROVEMENTS;
1 AUTHORIZING THE ISSUANCE OF BONDS EXEMPT FROM TAXATION WITHIN 2 THE COMMONWEALTH; REQUIRING THE PRESIDENT TO MAKE AN ANNUAL 3 REPORT OF THE OPERATIONS OF LINCOLN UNIVERSITY,' MAKING 4 APPROPRIATIONS FOR CARRYING THE SAME INTO EFFECT; PROVIDING 5 FOR A BASIS FOR PAYMENTS OF SUCH APPROPRIATIONS; AND 6 PROVIDING A METHOD OF ACCOUNTING FOR THE FUNDS APPROPRIATED 7 AND FOR CERTAIN FISCAL INFORMATION DISCLOSURE," PROVIDING AN 8 ADDITIONAL APPROPRIATION FOR THE PERIOD JANUARY 1, 1999 TO 9 JUNE 1, 1999. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. The following sums, or as much thereof as may be <-- 13 necessary, are hereby appropriated to the Trustees of Lincoln 14 University, Chester County, for the fiscal year July 1, 1998, to 15 June 30, 1999, for the purposes and in the amounts as shown: 16 (1) For educational and general expenses...... $10,389,000 17 (2) To enhance the recruitment and retention 18 of disadvantaged students......................... 338,000 19 (3) For the International Affairs Institute... 305,000 20 Section 2. Payments to Lincoln University on account of the 21 appropriations for the items provided in section 1 shall be made 22 on the basis of costs during the fiscal year. 23 Section 3. (a) Payments to Lincoln University of the 24 appropriations provided in section 1 shall be made monthly 25 during the fiscal year. 26 (b) Such monthly payments shall be made in accordance with 27 the provisions of section 2 on the basis of estimated costs. The 28 estimate of costs shall be submitted by Lincoln University to 29 the Secretary of Education, the General Assembly and the State 30 Treasurer not later than 30 days prior to the date on which such 31 payment is to be made. 32 Section 4. (a) Lincoln University shall apply the moneys 33 appropriated by this act only for such purposes as are permitted 34 in this act and shall at all times maintain proper records 19980S1314B2251 - 2 -
1 showing the application of such moneys. Not later than 120 days 2 after the close of the fiscal year to which this act relates, 3 Lincoln University shall file, with the Secretary of Education, 4 the General Assembly and the Auditor General of the 5 Commonwealth, a statement setting forth the amounts and purposes 6 of all expenditures made from moneys appropriated by this act 7 and costs, as provided in section 2, used as a basis for receipt 8 of any appropriation during said fiscal year. 9 (b) Such statement of expenditures and costs shall be 10 reviewed by the Auditor General of the Commonwealth, and he 11 shall have the right, in respect to the moneys appropriated by 12 this act, to audit and disallow expenditures made for purposes 13 not permitted by this act and to cause such sums to be recovered 14 and paid by Lincoln University to the State Treasurer. In 15 respect to expenditures made by the university from moneys other 16 than those appropriated by this act, the Auditor General shall 17 have the right to review only, and he shall file annually with 18 the General Assembly such information concerning said 19 expenditures as the General Assembly or any of its committees 20 may require. 21 Section 5. A report shall be submitted to the Governor and 22 the Appropriations and Education Committees of the Senate and 23 House of Representatives and shall include data for all 24 programs. The report, to be submitted prior to September 1, 25 1999, shall cover the 12-month period beginning with the summer 26 term 1998 and shall include: 27 (1) The following counts and distributions for each term 28 during the period: 29 (i) The definitions and numbers of faculty members employed 30 full time, of faculty members employed part time, of full-time 19980S1314B2251 - 3 -
1 students enrolled in graduate courses, of full-time students 2 enrolled in undergraduate courses, of part-time students 3 enrolled in graduate courses and of part-time students enrolled 4 in undergraduate courses. 5 (ii) The total numbers of undergraduate student credit 6 hours, divided into lower division and upper division course 7 levels, and of graduate student credit hours, divided into three 8 course levels--master's, first professional and doctoral. 9 (iii) The number of different courses scheduled by level of 10 instruction and the number of sections of individual instruction 11 scheduled by level of instruction, each further subdivided by 12 two-digit Classification of Instructional Program (CIP) 13 categories of instructional programs of higher education as 14 defined by the National Center for Education Statistics, United 15 States Department of Education. 16 (iv) The number of terms scheduled and the dates thereof. 17 (2) For the summer term and the following academic year in 18 total and for each two-digit CIP program category, a 19 classification of faculty members or other professional 20 employees by title, including: professor, associate professor, 21 assistant professor, instructor, lecturer, research associate, 22 librarian and academic administrator; faculty members or other 23 professional employees under each title to be subdivided by type 24 of assignment: teaching and nonteaching; and each such set of 25 faculty members or other professional employees to be further 26 subdivided by type of employment: full-time or part-time; and 27 the following aggregates for each such subdivided 28 classification: 29 (i) The number of faculty and other professional employees 30 and their full-time equivalence in instructional and 19980S1314B2251 - 4 -
1 noninstructional functions. 2 (ii) The sum of credits assigned to undergraduate classroom 3 courses and the sum of credits assigned to graduate classroom 4 courses taught, divided into lower division, upper division, 5 master's, first professional and doctoral course levels. 6 (iii) The sum of credits assigned to undergraduate 7 individual instruction courses and the sum of credits assigned 8 to graduate individual instruction courses taught, divided into 9 lower division, upper division, master's, first professional and 10 doctoral course levels. 11 (iv) The sum of undergraduate classroom student credit hours 12 and the sum of graduate classroom student credit hours 13 generated, divided into lower division, upper division, 14 master's, first professional and doctoral course levels. 15 (v) The sum of undergraduate individual instruction student 16 credit hours and the sum of graduate individual instruction 17 student credit hours generated, divided into lower division, 18 upper division, master's, first professional and doctoral course 19 levels. 20 (vi) The total salary paid for instructional functions and 21 for noninstructional functions and the amount of this salary 22 paid for each of these functions from university funds, Federal 23 funds and other funds. 24 (3) For each term of the period covered for each faculty 25 member employed full time identified by two-digit CIP program 26 category and title, the report shall contain an analysis of the 27 average hours per week spent in university-related activities, 28 stating specifically hours spent in undergraduate classroom 29 contact and graduate classroom contact, hours spent in 30 preparation, hours spent in research and hours spent in public 19980S1314B2251 - 5 -
1 service. 2 Section 6. In addition to the requirements in section 5 3 relative to this appropriation, the report covering the 12-month 4 period beginning with the summer term 1998 shall include for all 5 programs of the university: 6 (1) Minimum number of credits required for a baccalaureate 7 degree and for a master's degree. 8 (2) Number of bachelor's degrees, master's degrees, first 9 professional degrees and doctoral degrees awarded in 1994, 1995, 10 1996, 1997, 1998 and estimated 1999. 11 Section 7. (a) The following words and phrases when used in 12 this section shall have the meanings given to them in this 13 subsection unless the context clearly indicates otherwise: 14 "Academic and administrative support units." Any 15 organizational entity, as defined in the organizational manual 16 of the university, that reports directly to the president of the 17 university, chief academic officer or vice president, including 18 the office of the president, chief academic officer and vice 19 president. 20 "Expenditures." Disbursements of State appropriations, 21 tuition and fees supporting educational and general categories 22 as defined in the Higher Education Finance Manual, Department of 23 Health, Education and Welfare, 1975, or disbursement, supported 24 by State appropriations, tuition or fees, to support a defined 25 project or program under subsection (b)(3). 26 "Revenue." All State appropriations and tuition and fees. 27 (b) Lincoln University shall disclose the following: 28 (1) Revenue and expenditure budgets of the university's 29 academic and administrative support units for the current fiscal 30 year. 19980S1314B2251 - 6 -
1 (2) The actual revenue and expenditures for the prior year 2 in the same format as the information reported under paragraph 3 (1). 4 (3) For any defined project or program which is the subject 5 of a specific line item appropriation from the General Fund, the 6 university shall disclose the following: 7 (i) Revenue and expenditure budgets of the defined program 8 or project for the current fiscal year. 9 (ii) The actual revenue and expenditures of the defined 10 program or project for the prior year in the same format as the 11 information reported under paragraph (1). 12 (4) The revenue and expenditures of any auxiliary enterprise 13 which is directly funded in whole or in part by tuition or a 14 State appropriation for the current fiscal year. 15 (c) The university shall provide the following additional 16 information for the prior fiscal year for each academic or 17 administrative support unit, for each defined project or program 18 and for any auxiliary enterprise: 19 (1) The number of employees by academic rank and by 20 classification the number of administrators, staff, clerical and 21 technical service employees. 22 (2) Median and mean salary by academic rank and by 23 classification the median and mean salaries of administrators, 24 staff, clerical and technical service employees. 25 (3) Nonsalary compensation as a percentage of salary. 26 Nonsalary compensation shall include, but not be limited to, 27 medical benefits, life insurance benefits, pension benefits, 28 leave benefits, employer Social Security payments and workers' 29 compensation benefits. 30 (4) A statement of the university's retirement policies. 19980S1314B2251 - 7 -
1 (5) A policy statement relating to a reduction of tuition 2 for employees' family members. 3 (6) A list of purchase of service contracts which exceed 4 $1,000 by category of service, including, but not limited to, 5 legal, instructional, management, accounting, architecture, 6 public relations and maintenance. The list shall contain the 7 name and address of the contractor, a statement of the nature of 8 the duties of the contractor and the academic and administrative 9 support unit for which the duties are performed. If a purchase 10 of service contract exceeds 10% of the total aggregate 11 expenditure of the contract category per academic or 12 administrative support unit, then the contracted amount shall 13 also be listed. 14 (7) A list of purchase of goods contracts which exceed 15 $1,000. The list shall contain the name and address of the 16 contractor and a list of the goods purchased and the academic or 17 administrative support unit for which such goods were 18 contracted. If a purchase of goods contract exceeds 10% of the 19 total aggregate expenditure per academic or administrative 20 support unit, then the contracted amount shall also be listed. 21 (8) A list by academic or administrative support unit in the 22 aggregate, of the expenses of travel, subsistence and lodging, 23 whether provided or reimbursed. 24 (d) The university shall submit a report of the information 25 under subsections (b) and (c) to the Education Committee of the 26 Senate and the Appropriations Committee of the Senate and the 27 Education Committee of the House of Representatives and the 28 Appropriations Committee of the House of Representatives. In 29 addition, the university shall submit a copy of the report to 30 each of the following: 19980S1314B2251 - 8 -
1 (1) Governor's Office. 2 (2) Secretary of Education. 3 (3) State Treasurer. 4 (4) Auditor General. 5 (5) Joint State Government Commission. 6 Each such institution shall maintain a copy of the report in the 7 institution's library and shall submit a copy to each of the 8 four State regional library resource centers. 9 (e) A university's report required to be submitted under 10 this section shall be submitted within 180 days of the close of 11 the university's current fiscal year. 12 (f) The Joint State Government Commission shall develop a 13 statistical comparison analysis recognizing differences in 14 missions from the reports made under this section. A majority of 15 the members of the commission may request additional 16 documentation, except for salary or identity of individuals, 17 necessary to complete the comparative analysis. The comparison 18 shall be provided to the Education Committee of the Senate and 19 the Appropriations Committee of the Senate and the Education 20 Committee of the House of Representatives and the Appropriations 21 Committee of the House of Representatives and the four State 22 regional libraries. 23 (g) The university shall make a copy of the minutes of each 24 public meeting of the institution's board of trustees, as well 25 as a copy of the institution's integrated postsecondary 26 education data systems report, available for public inspection 27 in the institution's library. 28 Section 8. The Lincoln University shall provide full, 29 complete and accurate information as may be required by the 30 Department of Education or the majority chairman or the minority 19980S1314B2251 - 9 -
1 chairman of the Appropriations Committee of the Senate or the 2 majority chairman or the minority chairman of the Appropriations 3 Committee of the House of Representatives. 4 Section 9. Lincoln University shall report its revenues and 5 expenditures and present its financial statements required under 6 the provisions of this act in accordance with generally accepted 7 accounting principles and procedures for educational 8 institutions as set forth in the "Higher Education Finance 9 Manual, United States Department of Health, Education and 10 Welfare (1975)" and the "Commonwealth of Pennsylvania Budget 11 Instructions for the State System of Higher Education, State- 12 Related Universities and Non-State-Related Colleges and 13 Universities." 14 Section 10. This act shall take effect July 1, 1998, or 15 immediately, whichever is later. 16 SECTION 1. THE ACT OF OCTOBER 16, 1998 (P.L. , NO.44A), <-- 17 ENTITLED, "A SUPPLEMENT TO THE ACT OF JULY 7, 1972 (P.L.743, 18 NO.176), ENTITLED 'AN ACT PROVIDING FOR THE ESTABLISHMENT AND 19 OPERATION OF LINCOLN UNIVERSITY AS AN INSTRUMENTALITY OF THE 20 COMMONWEALTH TO SERVE AS A STATE-RELATED INSTITUTION IN THE 21 HIGHER EDUCATION SYSTEM OF THE COMMONWEALTH; PROVIDING FOR 22 CHANGE OF NAME; PROVIDING FOR THE COMPOSITION OF THE BOARD OF 23 TRUSTEES; TERMS OF TRUSTEES, AND THE POWER AND DUTIES OF SUCH 24 TRUSTEES; PROVIDING FOR PREFERENCE TO PENNSYLVANIA RESIDENTS IN 25 TUITION; AUTHORIZING APPROPRIATIONS IN AMOUNTS TO BE FIXED 26 ANNUALLY BY THE GENERAL ASSEMBLY; PROVIDING FOR THE AUDITING OF 27 ACCOUNTS OF EXPENDITURES FROM SAID APPROPRIATIONS; PROVIDING FOR 28 PUBLIC SUPPORT AND CAPITAL IMPROVEMENTS; AUTHORIZING THE 29 ISSUANCE OF BONDS EXEMPT FROM TAXATION WITHIN THE COMMONWEALTH; 30 REQUIRING THE PRESIDENT TO MAKE AN ANNUAL REPORT OF THE 19980S1314B2251 - 10 -
1 OPERATIONS OF LINCOLN UNIVERSITY,' MAKING APPROPRIATIONS FOR 2 CARRYING THE SAME INTO EFFECT; PROVIDING FOR A BASIS FOR 3 PAYMENTS OF SUCH APPROPRIATIONS; AND PROVIDING A METHOD OF 4 ACCOUNTING FOR THE FUNDS APPROPRIATED AND FOR CERTAIN FISCAL 5 INFORMATION DISCLOSURE," IS AMENDED BY ADDING SECTIONS TO READ: 6 SECTION 2.1. THE FOLLOWING SUM, OR AS MUCH THEREOF AS MAY BE 7 NECESSARY, IS HEREBY APPROPRIATED TO THE TRUSTEES OF LINCOLN 8 UNIVERSITY, CHESTER COUNTY, FOR THE PERIOD OF JANUARY 1, 1999, 9 TO JUNE 30, 1999, FOR THE PURPOSES AND IN THE AMOUNTS AS SHOWN: 10 (1) FOR EDUCATIONAL AND GENERAL EXPENSES...... $5,070,000 11 SECTION 5.1. PAYMENTS TO LINCOLN UNIVERSITY ON ACCOUNT OF 12 THE APPROPRIATION FOR THE ITEM PROVIDED IN SECTION 2.1 SHALL BE 13 MADE ON THE BASIS OF COSTS DURING THE PERIOD JANUARY 1, 1999, TO 14 JUNE 30, 1999. 15 SECTION 6.1. (A) PAYMENTS TO LINCOLN UNIVERSITY OF THE 16 APPROPRIATION PROVIDED IN SECTION 2.1 SHALL BE MADE MONTHLY 17 DURING THE PERIOD JANUARY 1, 1999, TO JUNE 30, 1999. 18 (B) SUCH MONTHLY PAYMENTS SHALL BE MADE IN ACCORDANCE WITH 19 THE PROVISIONS OF SECTION 5.1 ON THE BASIS OF ESTIMATED COSTS. 20 THE ESTIMATE OF COSTS SHALL BE SUBMITTED BY LINCOLN UNIVERSITY 21 TO THE SECRETARY OF EDUCATION, THE GENERAL ASSEMBLY AND THE 22 STATE TREASURER NOT LATER THAN 30 DAYS PRIOR TO THE DATE ON 23 WHICH SUCH PAYMENT IS TO BE MADE. 24 SECTION 2. THIS ACT SHALL TAKE EFFECT JANUARY 1, 1999, OR 25 IMMEDIATELY, WHICHEVER IS LATER. B3L84RZ/19980S1314B2251 - 11 -