SENATE AMENDED
PRIOR PRINTER'S NO. 3355 PRINTER'S NO. 4156
No. 2320 Session of 2008
INTRODUCED BY D. EVANS, MARCH 10, 2008
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JULY 2, 2008
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 an
16 appropriation for carrying the same into effect; providing
17 for a basis for payments of the appropriation; and providing
18 a method of accounting for the funds appropriated and for
19 certain fiscal information disclosure.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The sum of $13,993,000 $14,493,000 or as much <--
23 thereof as may be necessary, is hereby appropriated to the
24 Trustees of Lincoln University, Chester County, for the fiscal
25 year July 1, 2008, to June 30, 2009, for educational and general
1 expenses.
2 Section 2. Payments to Lincoln University on account of the
3 appropriation for the items provided in section 1 shall be made
4 on the basis of costs during the fiscal year.
5 Section 3. (a) Payments to Lincoln University of the
6 appropriation provided in section 1 shall be made monthly during
7 the fiscal year.
8 (b) Such monthly payments shall be made in accordance with
9 the provisions of section 2 on the basis of estimated costs. The
10 estimate of costs shall be submitted by Lincoln University to
11 the Secretary of Education, the General Assembly and the State
12 Treasurer not later than 30 days prior to the date on which such
13 payment is to be made.
14 Section 4. (a) Lincoln University shall apply the moneys
15 appropriated by this act only for such purposes as are permitted
16 in this act and shall at all times maintain proper records
17 showing the application of such moneys. Not later than 120 days
18 after the close of the fiscal year to which this act relates,
19 Lincoln University shall file, with the Secretary of Education,
20 the General Assembly and the Auditor General of the
21 Commonwealth, a statement setting forth the amounts and purposes
22 of all expenditures made from moneys appropriated by this act
23 and costs, as provided in section 2, used as a basis for receipt
24 of any appropriation during said fiscal year.
25 (b) Such statement of expenditures and costs shall be
26 reviewed by the Auditor General of the Commonwealth, and he
27 shall have the right, in respect to the moneys appropriated by
28 this act, to audit and disallow expenditures made for purposes
29 not permitted by this act and to cause such sums to be recovered
30 and paid by Lincoln University to the State Treasurer. In
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1 respect to expenditures made by the university from moneys other
2 than those appropriated by this act, the Auditor General shall
3 have the right to review only, and he shall file annually with
4 the General Assembly such information concerning said
5 expenditures as the General Assembly or any of its committees
6 may require.
7 Section 5. A report shall be submitted to the Governor and <--
8 the Appropriations and Education Committees of the Senate and
9 House of Representatives and shall include data for all
10 programs. The report, to be submitted prior to September 1,
11 2009, shall cover the 12-month period beginning with the summer
12 term 2008 and shall include:
13 (1) The following counts and distributions for each term
14 during the period:
15 (i) The definitions and numbers of faculty members employed
16 full time, of faculty members employed part time, of full-time
17 students enrolled in graduate courses, of full-time students
18 enrolled in undergraduate courses, of part-time students
19 enrolled in graduate courses and of part-time students enrolled
20 in undergraduate courses.
21 (ii) The total numbers of undergraduate student credit
22 hours, divided into lower division and upper division course
23 levels, and of graduate student credit hours, divided into three
24 course levels--master's, first professional and doctoral.
25 (iii) The number of different courses scheduled by level of
26 instruction and the number of sections of individual instruction
27 scheduled by level of instruction, each further subdivided by
28 two-digit Classification of Instructional Program (CIP)
29 categories of instructional programs of higher education as
30 defined by the National Center for Education Statistics, United
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1 States Department of Education.
2 (iv) The number of terms scheduled and the dates thereof.
3 (2) For the summer term and the following academic year in
4 total and for each two-digit CIP program category, a
5 classification of faculty members or other professional
6 employees by title, including: professor, associate professor,
7 assistant professor, instructor, lecturer, research associate,
8 librarian and academic administrator; faculty members or other
9 professional employees under each title to be subdivided by type
10 of assignment: teaching and nonteaching; and each such set of
11 faculty members or other professional employees to be further
12 subdivided by type of employment: full-time or part-time; and
13 the following aggregates for each such subdivided
14 classification:
15 (i) The number of faculty and other professional employees
16 and their full-time equivalence in instructional and
17 noninstructional functions.
18 (ii) The sum of credits assigned to undergraduate classroom
19 courses and the sum of credits assigned to graduate classroom
20 courses taught, divided into lower division, upper division,
21 master's, first professional and doctoral course levels.
22 (iii) The sum of credits assigned to undergraduate
23 individual instruction courses and the sum of credits assigned
24 to graduate individual instruction courses taught, divided into
25 lower division, upper division, master's, first professional and
26 doctoral course levels.
27 (iv) The sum of undergraduate classroom student credit hours
28 and the sum of graduate classroom student credit hours
29 generated, divided into lower division, upper division,
30 master's, first professional and doctoral course levels.
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1 (v) The sum of undergraduate individual instruction student
2 credit hours and the sum of graduate individual instruction
3 student credit hours generated, divided into lower division,
4 upper division, master's, first professional and doctoral course
5 levels.
6 (vi) The total salary paid for instructional functions and
7 for noninstructional functions and the amount of this salary
8 paid for each of these functions from university funds, Federal
9 funds and other funds.
10 (3) For each term of the period covered for each faculty
11 member employed full time identified by two-digit CIP program
12 category and title, the report shall contain an analysis of the
13 average hours per week spent in university-related activities,
14 stating specifically hours spent in undergraduate classroom
15 contact and graduate classroom contact, hours spent in
16 preparation, hours spent in research and hours spent in public
17 service.
18 Section 6. In addition to the requirements in section 5
19 relative to this appropriation, the report covering the 12-month
20 period beginning with the summer term 2008 shall include for all
21 programs of the university:
22 (1) Minimum number of credits required for a baccalaureate
23 degree and for a master's degree.
24 (2) Number of bachelor's degrees, master's degrees, first
25 professional degrees and doctoral degrees awarded in 2004, 2005,
26 2006, 2007, 2008 and estimated 2009.
27 Section 7. (a) The following words and phrases when used in
28 this section shall have the meanings given to them in this
29 subsection unless the context clearly indicates otherwise:
30 "Academic and administrative support units." Any
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1 organizational entity, as defined in the organizational manual
2 of the university, that reports directly to the president of the
3 university, chief academic officer or vice president, including
4 the office of the president, chief academic officer and vice
5 president.
6 "Expenditures." Disbursements or payments of State
7 appropriations, tuition and fees supporting operational,
8 educational or other general categories of expenses as defined
9 in: the generally accepted accounting principles as prescribed
10 by the National Association of College and University Business
11 Officers, the American Institute of Certified Public
12 Accountants, or by their successors, or by any other recognized
13 authoritative body; the "Commonwealth of Pennsylvania Budget
14 Instructions for the State System of Higher Education, State-
15 Related Universities and Non-State-Related Colleges and
16 Universities"; and the financial reporting policies and
17 standards promulgated by the Commonwealth of Pennsylvania and by
18 the Federal Government that apply to Lincoln University.
19 "Revenue." All State appropriations and tuition and fees.
20 (b) Lincoln University shall disclose the following:
21 (1) Revenue and expenditure budgets of the university's
22 academic and administrative support units for the current fiscal
23 year.
24 (2) The actual revenue and expenditures for the prior year
25 in the same format as the information reported under paragraph
26 (1).
27 (3) For any defined project or program which is the subject
28 of a specific line item appropriation from the General Fund, the
29 university shall disclose the following:
30 (i) Revenue and expenditure budgets of the defined program
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1 or project for the current fiscal year.
2 (ii) The actual revenue and expenditures of the defined
3 program or project for the prior year in the same format as the
4 information reported under paragraph (1).
5 (4) The revenue and expenditures of any auxiliary enterprise
6 which is directly funded in whole or in part by tuition or a
7 State appropriation for the current fiscal year.
8 (c) The university shall provide the following additional
9 information for the prior fiscal year for each academic or
10 administrative support unit, for each defined project or program
11 and for any auxiliary enterprise:
12 (1) The number of employees by academic rank and by
13 classification the number of administrators, staff, clerical and
14 technical service employees.
15 (2) Median and mean salary by academic rank and by
16 classification the median and mean salaries of administrators,
17 staff, clerical and technical service employees.
18 (3) Nonsalary compensation as a percentage of salary.
19 Nonsalary compensation shall include, but not be limited to,
20 medical benefits, life insurance benefits, pension benefits,
21 leave benefits, employer Social Security payments and workers'
22 compensation benefits.
23 (4) A statement of the university's retirement policies.
24 (5) A policy statement relating to a reduction of tuition
25 for employees' family members.
26 (6) A list of purchase of service contracts which exceed
27 $1,000 by category of service, including, but not limited to,
28 legal, instructional, management, accounting, architecture,
29 public relations and maintenance. The list shall contain the
30 name and address of the contractor, a statement of the nature of
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1 the duties of the contractor and the academic and administrative
2 support unit for which the duties are performed. If a purchase
3 of service contract exceeds 10% of the total aggregate
4 expenditure of the contract category per academic or
5 administrative support unit, then the contracted amount shall
6 also be listed.
7 (7) A list of purchase of goods contracts which exceed
8 $1,000. The list shall contain the name and address of the
9 contractor and a list of the goods purchased and the academic or
10 administrative support unit for which such goods were
11 contracted. If a purchase of goods contract exceeds 10% of the
12 total aggregate expenditure per academic or administrative
13 support unit, then the contracted amount shall also be listed.
14 (8) A list by academic or administrative support unit in the
15 aggregate, of the expenses of travel, subsistence and lodging,
16 whether provided or reimbursed.
17 (d) The university shall submit a report of the information
18 under subsections (b) and (c) to the Education Committee of the
19 Senate and the Appropriations Committee of the Senate and the
20 Education Committee of the House of Representatives and the
21 Appropriations Committee of the House of Representatives. In
22 addition, the university shall submit a copy of the report to
23 each of the following:
24 (1) Governor's Office.
25 (2) Secretary of Education.
26 (3) State Treasurer.
27 (4) Auditor General.
28 (5) Joint State Government Commission.
29 Each such institution shall maintain a copy of the report in the
30 institution's library and shall submit a copy to each of the
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1 four State regional library resource centers.
2 (e) A university's report required to be submitted under
3 this section shall be submitted within 180 days of the close of
4 the university's current fiscal year.
5 (f) The Joint State Government Commission shall develop a
6 statistical comparison analysis recognizing differences in
7 missions from the reports made under this section. A majority of
8 the members of the commission may request additional
9 documentation, except for salary or identity of individuals,
10 necessary to complete the comparative analysis. The comparison
11 shall be provided to the Education Committee of the Senate and
12 the Appropriations Committee of the Senate and the Education
13 Committee of the House of Representatives and the Appropriations
14 Committee of the House of Representatives and the four State
15 regional libraries.
16 (g) The university shall make a copy of the minutes of each
17 public meeting of the institution's board of trustees, as well
18 as a copy of the institution's integrated postsecondary
19 education data systems report, available for public inspection
20 in the institution's library.
21 Section 8 5. The Lincoln University shall provide full, <--
22 complete and accurate information as may be required by the
23 Department of Education or the chairman or the minority chairman
24 of the Appropriations Committee of the Senate or the chairman or
25 the minority chairman of the Appropriations Committee of the
26 House of Representatives.
27 Section 9 6. Lincoln University shall present and report its <--
28 financial statements required under the provisions of this act
29 in accordance with: the generally accepted accounting principles
30 as prescribed by the National Association of College and
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1 University Business Officers, the American Institute of
2 Certified Public Accountants, or their successors, or by any
3 other recognized authoritative body; the "Commonwealth of
4 Pennsylvania Budget Instructions for the State System of Higher
5 Education, State-Related Universities and Non-State-Related
6 Colleges and Universities"; and the financial reporting policies
7 and standards promulgated by the Commonwealth of Pennsylvania
8 and by the Federal Government that apply to Lincoln University.
9 Section 10 7. Lincoln University shall make all articulation <--
10 agreements with other higher education institutions available on
11 the Internet.
12 Section 11 8. This act shall take effect July 1, 2008, or <--
13 immediately, whichever is later.
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