See other bills
under the
same topic
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 3572, 3964               PRINTER'S NO. 4187

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2493 Session of 2002


        INTRODUCED BY FLEAGLE, APRIL 8, 2002

        SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JUNE 27, 2002

                                  A SUPPLEMENT

     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     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22     Section 1.  The following sums, or as much thereof as may be
    23  necessary, are hereby appropriated to the Trustees of Lincoln
    24  University, Chester County, for the fiscal year July 1, 2002, to
    25  June 30, 2003, for the purposes and in the amounts as shown:

     1     (1)  For educational and general expenses......   $11,904,000  <--
     2     (1)  FOR EDUCATIONAL AND GENERAL EXPENSES......   $12,153,000  <--
     3     (2)  To enhance the recruitment and retention
     4  of disadvantaged students.........................       337,000
     5     (3)  For the International Affairs Institute...       305,000
     6     (4)  For Student Education Instruction                         <--
     7  Assistance........................................       249,000
     8     Section 2.  Payments to Lincoln University on account of the
     9  appropriations for the items provided in section 1 shall be made
    10  on the basis of costs during the fiscal year.
    11     Section 3.  (a)  Payments to Lincoln University of the
    12  appropriations provided in section 1 shall be made monthly
    13  during the fiscal year.
    14     (b)  Such monthly payments shall be made in accordance with
    15  the provisions of section 2 on the basis of estimated costs. The
    16  estimate of costs shall be submitted by Lincoln University to
    17  the Secretary of Education, the General Assembly and the State
    18  Treasurer not later than 30 days prior to the date on which such
    19  payment is to be made.
    20     Section 4.  (a)  Lincoln University shall apply the moneys
    21  appropriated by this act only for such purposes as are permitted
    22  in this act and shall at all times maintain proper records
    23  showing the application of such moneys. Not later than 120 days
    24  after the close of the fiscal year to which this act relates,
    25  Lincoln University shall file, with the Secretary of Education,
    26  the General Assembly and the Auditor General of the
    27  Commonwealth, a statement setting forth the amounts and purposes
    28  of all expenditures made from moneys appropriated by this act
    29  and costs, as provided in section 2, used as a basis for receipt
    30  of any appropriation during said fiscal year.
    20020H2493B4187                  - 2 -

     1     (b)  Such statement of expenditures and costs shall be
     2  reviewed by the Auditor General of the Commonwealth, and he
     3  shall have the right, in respect to the moneys appropriated by
     4  this act, to audit and disallow expenditures made for purposes
     5  not permitted by this act and to cause such sums to be recovered
     6  and paid by Lincoln University to the State Treasurer. In
     7  respect to expenditures made by the university from moneys other
     8  than those appropriated by this act, the Auditor General shall
     9  have the right to review only, and he shall file annually with
    10  the General Assembly such information concerning said
    11  expenditures as the General Assembly or any of its committees
    12  may require.
    13     Section 5.  A report shall be submitted to the Governor and
    14  the Appropriations and Education Committees of the Senate and
    15  House of Representatives and shall include data for all
    16  programs. The report, to be submitted prior to September 1,
    17  2003, shall cover the 12-month period beginning with the summer
    18  term 2002 and shall include:
    19     (1)  The following counts and distributions for each term
    20  during the period:
    21     (i)  The definitions and numbers of faculty members employed
    22  full time, of faculty members employed part time, of full-time
    23  students enrolled in graduate courses, of full-time students
    24  enrolled in undergraduate courses, of part-time students
    25  enrolled in graduate courses and of part-time students enrolled
    26  in undergraduate courses.
    27     (ii)  The total numbers of undergraduate student credit
    28  hours, divided into lower division and upper division course
    29  levels, and of graduate student credit hours, divided into three
    30  course levels--master's, first professional and doctoral.
    20020H2493B4187                  - 3 -

     1     (iii)  The number of different courses scheduled by level of
     2  instruction and the number of sections of individual instruction
     3  scheduled by level of instruction, each further subdivided by
     4  two-digit Classification of Instructional Program (CIP)
     5  categories of instructional programs of higher education as
     6  defined by the National Center for Education Statistics, United
     7  States Department of Education.
     8     (iv)  The number of terms scheduled and the dates thereof.
     9     (2)  For the summer term and the following academic year in
    10  total and for each two-digit CIP program category, a
    11  classification of faculty members or other professional
    12  employees by title, including: professor, associate professor,
    13  assistant professor, instructor, lecturer, research associate,
    14  librarian and academic administrator; faculty members or other
    15  professional employees under each title to be subdivided by type
    16  of assignment: teaching and nonteaching; and each such set of
    17  faculty members or other professional employees to be further
    18  subdivided by type of employment: full-time or part-time; and
    19  the following aggregates for each such subdivided
    20  classification:
    21     (i)  The number of faculty and other professional employees
    22  and their full-time equivalence in instructional and
    23  noninstructional functions.
    24     (ii)  The sum of credits assigned to undergraduate classroom
    25  courses and the sum of credits assigned to graduate classroom
    26  courses taught, divided into lower division, upper division,
    27  master's, first professional and doctoral course levels.
    28     (iii)  The sum of credits assigned to undergraduate
    29  individual instruction courses and the sum of credits assigned
    30  to graduate individual instruction courses taught, divided into
    20020H2493B4187                  - 4 -

     1  lower division, upper division, master's, first professional and
     2  doctoral course levels.
     3     (iv)  The sum of undergraduate classroom student credit hours
     4  and the sum of graduate classroom student credit hours
     5  generated, divided into lower division, upper division,
     6  master's, first professional and doctoral course levels.
     7     (v)  The sum of undergraduate individual instruction student
     8  credit hours and the sum of graduate individual instruction
     9  student credit hours generated, divided into lower division,
    10  upper division, master's, first professional and doctoral course
    11  levels.
    12     (vi)  The total salary paid for instructional functions and
    13  for noninstructional functions and the amount of this salary
    14  paid for each of these functions from university funds, Federal
    15  funds and other funds.
    16     (3)  For each term of the period covered for each faculty
    17  member employed full time identified by two-digit CIP program
    18  category and title, the report shall contain an analysis of the
    19  average hours per week spent in university-related activities,
    20  stating specifically hours spent in undergraduate classroom
    21  contact and graduate classroom contact, hours spent in
    22  preparation, hours spent in research and hours spent in public
    23  service.
    24     Section 6.  In addition to the requirements in section 5
    25  relative to this appropriation, the report covering the 12-month
    26  period beginning with the summer term 2002 shall include for all
    27  programs of the university:
    28     (1)  Minimum number of credits required for a baccalaureate
    29  degree and for a master's degree.
    30     (2)  Number of bachelor's degrees, master's degrees, first
    20020H2493B4187                  - 5 -

     1  professional degrees and doctoral degrees awarded in 1998, 1999,
     2  2000, 2001, 2002 and estimated 2003.
     3     Section 7.  (a)  The following words and phrases when used in
     4  this section shall have the meanings given to them in this
     5  subsection unless the context clearly indicates otherwise:
     6     "Academic and administrative support units."  Any
     7  organizational entity, as defined in the organizational manual
     8  of the university, that reports directly to the president of the
     9  university, chief academic officer or vice president, including
    10  the office of the president, chief academic officer and vice
    11  president.
    12     "Expenditures."  Disbursements or payments of State
    13  appropriations, tuition and fees supporting operational,
    14  educational or other general categories of expenses as defined
    15  in: the generally accepted accounting principles as prescribed
    16  by the National Association of College and University Business
    17  Officers, the American Institute of Certified Public
    18  Accountants, or by their successors, or by any other recognized
    19  authoritative body; the "Commonwealth of Pennsylvania Budget
    20  Instructions for the State System of Higher Education, State-
    21  Related Universities and Non-State-Related Colleges and
    22  Universities"; and the financial reporting policies and
    23  standards promulgated by the Commonwealth of Pennsylvania and by
    24  the Federal Government that apply to Lincoln University.
    25     "Revenue."  All State appropriations and tuition and fees.
    26     (b)  Lincoln University shall disclose the following:
    27     (1)  Revenue and expenditure budgets of the university's
    28  academic and administrative support units for the current fiscal
    29  year.
    30     (2)  The actual revenue and expenditures for the prior year
    20020H2493B4187                  - 6 -

     1  in the same format as the information reported under paragraph
     2  (1).
     3     (3)  For any defined project or program which is the subject
     4  of a specific line item appropriation from the General Fund, the
     5  university shall disclose the following:
     6     (i)  Revenue and expenditure budgets of the defined program
     7  or project for the current fiscal year.
     8     (ii)  The actual revenue and expenditures of the defined
     9  program or project for the prior year in the same format as the
    10  information reported under paragraph (1).
    11     (4)  The revenue and expenditures of any auxiliary enterprise
    12  which is directly funded in whole or in part by tuition or a
    13  State appropriation for the current fiscal year.
    14     (c)  The university shall provide the following additional
    15  information for the prior fiscal year for each academic or
    16  administrative support unit, for each defined project or program
    17  and for any auxiliary enterprise:
    18     (1)  The number of employees by academic rank and by
    19  classification the number of administrators, staff, clerical and
    20  technical service employees.
    21     (2)  Median and mean salary by academic rank and by
    22  classification the median and mean salaries of administrators,
    23  staff, clerical and technical service employees.
    24     (3)  Nonsalary compensation as a percentage of salary.
    25  Nonsalary compensation shall include, but not be limited to,
    26  medical benefits, life insurance benefits, pension benefits,
    27  leave benefits, employer Social Security payments and workers'
    28  compensation benefits.
    29     (4)  A statement of the university's retirement policies.
    30     (5)  A policy statement relating to a reduction of tuition
    20020H2493B4187                  - 7 -

     1  for employees' family members.
     2     (6)  A list of purchase of service contracts which exceed
     3  $1,000 by category of service, including, but not limited to,
     4  legal, instructional, management, accounting, architecture,
     5  public relations and maintenance. The list shall contain the
     6  name and address of the contractor, a statement of the nature of
     7  the duties of the contractor and the academic and administrative
     8  support unit for which the duties are performed. If a purchase
     9  of service contract exceeds 10% of the total aggregate
    10  expenditure of the contract category per academic or
    11  administrative support unit, then the contracted amount shall
    12  also be listed.
    13     (7)  A list of purchase of goods contracts which exceed
    14  $1,000. The list shall contain the name and address of the
    15  contractor and a list of the goods purchased and the academic or
    16  administrative support unit for which such goods were
    17  contracted. If a purchase of goods contract exceeds 10% of the
    18  total aggregate expenditure per academic or administrative
    19  support unit, then the contracted amount shall also be listed.
    20     (8)  A list by academic or administrative support unit in the
    21  aggregate, of the expenses of travel, subsistence and lodging,
    22  whether provided or reimbursed.
    23     (d)  The university shall submit a report of the information
    24  under subsections (b) and (c) to the Education Committee of the
    25  Senate and the Appropriations Committee of the Senate and the
    26  Education Committee of the House of Representatives and the
    27  Appropriations Committee of the House of Representatives. In
    28  addition, the university shall submit a copy of the report to
    29  each of the following:
    30     (1)  Governor's Office.
    20020H2493B4187                  - 8 -

     1     (2)  Secretary of Education.
     2     (3)  State Treasurer.
     3     (4)  Auditor General.
     4     (5)  Joint State Government Commission.
     5  Each such institution shall maintain a copy of the report in the
     6  institution's library and shall submit a copy to each of the
     7  four State regional library resource centers.
     8     (e)  A university's report required to be submitted under
     9  this section shall be submitted within 180 days of the close of
    10  the university's current fiscal year.
    11     (f)  The Joint State Government Commission shall develop a
    12  statistical comparison analysis recognizing differences in
    13  missions from the reports made under this section. A majority of
    14  the members of the commission may request additional
    15  documentation, except for salary or identity of individuals,
    16  necessary to complete the comparative analysis. The comparison
    17  shall be provided to the Education Committee of the Senate and
    18  the Appropriations Committee of the Senate and the Education
    19  Committee of the House of Representatives and the Appropriations
    20  Committee of the House of Representatives and the four State
    21  regional libraries.
    22     (g)  The university shall make a copy of the minutes of each
    23  public meeting of the institution's board of trustees, as well
    24  as a copy of the institution's integrated postsecondary
    25  education data systems report, available for public inspection
    26  in the institution's library.
    27     Section 8.  The Lincoln University shall provide full,
    28  complete and accurate information as may be required by the
    29  Department of Education or the chairman or the minority chairman
    30  of the Appropriations Committee of the Senate or the chairman or
    20020H2493B4187                  - 9 -

     1  the minority chairman of the Appropriations Committee of the
     2  House of Representatives.
     3     Section 9.  Lincoln University shall present and report its
     4  financial statements required under the provisions of this act
     5  in accordance with: the generally accepted accounting principles
     6  as prescribed by the National Association of College and
     7  University Business Officers, the American Institute of
     8  Certified Public Accountants, or their successors, or by any
     9  other recognized authoritative body; the "Commonwealth of
    10  Pennsylvania Budget Instructions for the State System of Higher
    11  Education, State-Related Universities and Non-State-Related
    12  Colleges and Universities"; and the financial reporting policies
    13  and standards promulgated by the Commonwealth of Pennsylvania
    14  and by the Federal Government that apply to Lincoln University.
    15     Section 10.  Lincoln University shall make all articulation
    16  agreements with other higher education institutions available on
    17  the Internet.
    18     Section 11.  This act shall take effect July 1, 2002, or
    19  immediately, whichever is later.








    B26L84RZ/20020H2493B4187        - 10 -