PRINTER'S NO.  2151

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1709

Session of

2009

  

  

INTRODUCED BY D. EVANS, JUNE 15, 2009

  

  

REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 15, 2009  

  

  

  

A SUPPLEMENT

  

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To the act of July 7, 1972 (P.L.743, No.176), entitled "An act

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providing for the establishment and operation of Lincoln

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University as an instrumentality of the Commonwealth to serve

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as a State-related institution in the higher education system

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of the Commonwealth; providing for change of name; providing

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for the composition of the board of trustees; terms of

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trustees, and the power and duties of such trustees;

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providing for preference to Pennsylvania residents in

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tuition; authorizing appropriations in amounts to be fixed

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annually by the General Assembly; providing for the auditing

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of accounts of expenditures from said appropriations;

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providing for public support and capital improvements;

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authorizing the issuance of bonds exempt from taxation within

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the Commonwealth; requiring the President to make an annual

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report of the operations of Lincoln University," making

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Federal and State appropriations for carrying the same into

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effect; and providing for a basis for payments of the

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appropriations, for a method of accounting for the funds

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appropriated and for certain fiscal information disclosure.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  (a)  The sum of $13,623,000, or as much thereof

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as may be necessary, is hereby appropriated from the General

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Fund to the Trustees of Lincoln University, Chester County, for

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the fiscal year July 1, 2009, to June 30, 2010, for general

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support.

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(b)  The sum of $870,000, or as much thereof as may be

 


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necessary, is hereby appropriated from Federal funds available

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through the American Recovery and Reinvestment Act - Fiscal

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Stabilization Fund to the Trustees of Lincoln University,

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Chester County, for the fiscal year July 1, 2009, to June 30,

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2010, for general support.

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Section 2.  Payments to Lincoln University on account of the

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appropriation in section 1 shall be made on the basis of costs

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during the fiscal year.

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Section 3.  (a)  Subject to the requirements of subsection

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(c), payments to Lincoln University of the appropriation

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provided in section 1 shall be made monthly during the fiscal

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year.

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(b)  Such monthly payments shall be made in accordance with

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the provisions of section 2 on the basis of estimated costs. The

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estimate of costs shall be submitted by Lincoln University to

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the Secretary of Education, the General Assembly and the State

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Treasurer not later than 30 days prior to the date on which such

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payment is to be made.

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(c)  No funds appropriated under this act shall be received

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by Lincoln University unless the university agrees to enter into

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articulation agreements with the community colleges and the

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State System of Higher Education institutions pursuant to

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Article XX-C of the act of March 10, 1949 (P.L.30, No.14), known

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as the Public School Code of 1949, and agrees to participate in

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a longitudinal data system operated by the Commonwealth

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consistent with any applicable United States Department of

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Education guidelines. Failure to implement agreements and

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participate in the longitudinal data system for the 2010-2011

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school year shall result in the university returning to the

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Commonwealth payments received under this act.

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Section 4.  (a)  Lincoln University shall apply the moneys

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appropriated by this act only for such purposes as are permitted

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in this act and shall at all times maintain proper records

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showing the application of such moneys. Not later than 120 days

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after the close of the fiscal year to which this act relates,

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Lincoln University shall file, with the Secretary of Education,

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the General Assembly and the Auditor General of the

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Commonwealth, a statement setting forth the amounts and purposes

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of all expenditures made from moneys appropriated by this act

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and costs, as provided in section 2, used as a basis for receipt

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of any appropriation during said fiscal year.

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(b)  Such statement of expenditures and costs shall be

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reviewed by the Auditor General of the Commonwealth, and he

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shall have the right, in respect to the moneys appropriated by

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this act, to audit and disallow expenditures made for purposes

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not permitted by this act and to cause such sums to be recovered

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and paid by Lincoln University to the State Treasurer. In

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respect to expenditures made by the university from moneys other

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than those appropriated by this act, the Auditor General shall

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have the right to review only, and he shall file annually with

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the General Assembly such information concerning said

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expenditures as the General Assembly or any of its committees

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may require.

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Section 5.  Lincoln University shall provide full, complete

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and accurate information as may be required by the Department of

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Education or the chairman or the minority chairman of the

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Appropriations Committee of the Senate or the chairman or the

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minority chairman of the Appropriations Committee of the House

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of Representatives.

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Section 6.  Lincoln University shall present and report its

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financial statements required under the provisions of this act

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in accordance with: the generally accepted accounting principles

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as prescribed by the National Association of College and

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University Business Officers, the American Institute of

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Certified Public Accountants, or their successors, or by any

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other recognized authoritative body; the "Commonwealth of

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Pennsylvania Budget Instructions for the State System of Higher

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Education, State-Related Universities and Non-State-Related

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Colleges and Universities"; and the financial reporting policies

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and standards promulgated by the Commonwealth of Pennsylvania

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and by the Federal Government that apply to Lincoln University.

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Section 7.  Lincoln University shall make all articulation

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agreements with other higher education institutions available on

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the Internet.

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Section 8.  This act shall take effect July 1, 2009, or

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immediately, whichever is later.

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