PRINTER'S NO. 990
No. 888 Session of 1997
INTRODUCED BY BARLEY, MARCH 12, 1997
REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 12, 1997
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, 1997, to 25 June 30, 1998, for the purposes and in the amounts as shown: 26 (1) For educational and general expenses...... $9,958,000
1 (2) To enhance the recruitment and retention 2 of disadvantaged students......................... 327,000 3 (3) For the International Affairs Institute... 295,000 4 Section 2. Payments to Lincoln University on account of the 5 appropriations for the items provided in section 1 shall be made 6 on the basis of costs during the fiscal year. 7 Section 3. (a) Payments to Lincoln University of the 8 appropriations provided in section 1 shall be made monthly 9 during the fiscal year. 10 (b) Such monthly payments shall be made in accordance with 11 the provisions of section 2 on the basis of estimated costs. The 12 estimate of costs shall be submitted by Lincoln University to 13 the Secretary of Education, the General Assembly and the State 14 Treasurer not later than 30 days prior to the date on which such 15 payment is to be made. 16 Section 4. (a) Lincoln University shall apply the moneys 17 appropriated by this act only for such purposes as are permitted 18 in this act and shall at all times maintain proper records 19 showing the application of such moneys. Not later than 120 days 20 after the close of the fiscal year to which this act relates, 21 Lincoln University shall file, with the Secretary of Education, 22 the General Assembly and the Auditor General of the 23 Commonwealth, a statement setting forth the amounts and purposes 24 of all expenditures made from moneys appropriated by this act 25 and costs, as provided in section 2, used as a basis for receipt 26 of any appropriation during said fiscal year. 27 (b) Such statement of expenditures and costs shall be 28 reviewed by the Auditor General of the Commonwealth, and he 29 shall have the right, in respect to the moneys appropriated by 30 this act, to audit and disallow expenditures made for purposes 19970H0888B0990 - 2 -
1 not permitted by this act and to cause such sums to be recovered 2 and paid by Lincoln University to the State Treasurer. In 3 respect to expenditures made by the university from moneys other 4 than those appropriated by this act, the Auditor General shall 5 have the right to review only, and he shall file annually with 6 the General Assembly such information concerning said 7 expenditures as the General Assembly or any of its committees 8 may require. 9 Section 5. A report shall be submitted to the Governor and 10 the Appropriations and Education Committees of the Senate and 11 House of Representatives and shall include data for all 12 programs. The report, to be submitted prior to September 1, 13 1998, shall cover the 12-month period beginning with the summer 14 term 1997 and shall include: 15 (1) The following counts and distributions for each term 16 during the period: 17 (i) The definitions and numbers of faculty members employed 18 full time, of faculty members employed part time, of full-time 19 students enrolled in graduate courses, of full-time students 20 enrolled in undergraduate courses, of part-time students 21 enrolled in graduate courses and of part-time students enrolled 22 in undergraduate courses. 23 (ii) The total numbers of undergraduate student credit 24 hours, divided into lower division and upper division course 25 levels, and of graduate student credit hours, divided into three 26 course levels--master's, first professional and doctoral. 27 (iii) The number of different courses scheduled by level of 28 instruction and the number of sections of individual instruction 29 scheduled by level of instruction, each further subdivided by 30 two-digit Classification of Instructional Program (CIP) 19970H0888B0990 - 3 -
1 categories of instructional programs of higher education as 2 defined by the National Center for Education Statistics, United 3 States Department of Education. 4 (iv) The number of terms scheduled and the dates thereof. 5 (2) For the summer term and the following academic year in 6 total and for each two-digit CIP program category, a 7 classification of faculty members or other professional 8 employees by title, including: professor, associate professor, 9 assistant professor, instructor, lecturer, research associate, 10 librarian and academic administrator; faculty members or other 11 professional employees under each title to be subdivided by type 12 of assignment: teaching and nonteaching; and each such set of 13 faculty members or other professional employees to be further 14 subdivided by type of employment: full-time or part-time; and 15 the following aggregates for each such subdivided 16 classification: 17 (i) The number of faculty and other professional employees 18 and their full-time equivalence in instructional and 19 noninstructional functions. 20 (ii) The sum of credits assigned to undergraduate classroom 21 courses and the sum of credits assigned to graduate classroom 22 courses taught, divided into lower division, upper division, 23 master's, first professional and doctoral course levels. 24 (iii) The sum of credits assigned to undergraduate 25 individual instruction courses and the sum of credits assigned 26 to graduate individual instruction courses taught, divided into 27 lower division, upper division, master's, first professional and 28 doctoral course levels. 29 (iv) The sum of undergraduate classroom student credit hours 30 and the sum of graduate classroom student credit hours 19970H0888B0990 - 4 -
1 generated, divided into lower division, upper division, 2 master's, first professional and doctoral course levels. 3 (v) The sum of undergraduate individual instruction student 4 credit hours and the sum of graduate individual instruction 5 student credit hours generated, divided into lower division, 6 upper division, master's, first professional and doctoral course 7 levels. 8 (vi) The total salary paid for instructional functions and 9 for noninstructional functions and the amount of this salary 10 paid for each of these functions from university funds, Federal 11 funds and other funds. 12 (3) For each term of the period covered for each faculty 13 member employed full time identified by two-digit CIP program 14 category and title, the report shall contain an analysis of the 15 average hours per week spent in university-related activities, 16 stating specifically hours spent in undergraduate classroom 17 contact and graduate classroom contact, hours spent in 18 preparation, hours spent in research and hours spent in public 19 service. 20 Section 6. In addition to the requirements in section 5 21 relative to this appropriation, the report covering the 12-month 22 period beginning with the summer term 1997 shall include for all 23 programs of the university: 24 (1) Minimum number of credits required for a baccalaureate 25 degree and for a master's degree. 26 (2) Number of bachelor's degrees, master's degrees, first 27 professional degrees and doctoral degrees awarded in 1993, 1994, 28 1995, 1996, 1997 and estimated 1998. 29 Section 7. (a) The following words and phrases when used in 30 this section shall have the meanings given to them in this 19970H0888B0990 - 5 -
1 subsection unless the context clearly indicates otherwise: 2 "Academic and administrative support units." Any 3 organizational entity, as defined in the organizational manual 4 of the university, that reports directly to the president of the 5 university, chief academic officer or vice president, including 6 the office of the president, chief academic officer and vice 7 president. 8 "Expenditures." Disbursements of State appropriations, 9 tuition and fees supporting educational and general categories 10 as defined in the Higher Education Finance Manual, Department of 11 Health, Education and Welfare, 1975, or disbursement, supported 12 by State appropriations, tuition or fees, to support a defined 13 project or program under subsection (b)(3). 14 "Revenue." All State appropriations and tuition and fees. 15 (b) Lincoln University shall disclose the following: 16 (1) Revenue and expenditure budgets of the university's 17 academic and administrative support units for the current fiscal 18 year. 19 (2) The actual revenue and expenditures for the prior year 20 in the same format as the information reported under paragraph 21 (1). 22 (3) For any defined project or program which is the subject 23 of a specific line item appropriation from the General Fund, the 24 university shall disclose the following: 25 (i) Revenue and expenditure budgets of the defined program 26 or project for the current fiscal year. 27 (ii) The actual revenue and expenditures of the defined 28 program or project for the prior year in the same format as the 29 information reported under paragraph (1). 30 (4) The revenue and expenditures of any auxiliary enterprise 19970H0888B0990 - 6 -
1 which is directly funded in whole or in part by tuition or a 2 State appropriation for the current fiscal year. 3 (c) The university shall provide the following additional 4 information for the prior fiscal year for each academic or 5 administrative support unit, for each defined project or program 6 and for any auxiliary enterprise: 7 (1) The number of employees by academic rank and by 8 classification the number of administrators, staff, clerical and 9 technical service employees. 10 (2) Median and mean salary by academic rank and by 11 classification the median and mean salaries of administrators, 12 staff, clerical and technical service employees. 13 (3) Nonsalary compensation as a percentage of salary. 14 Nonsalary compensation shall include, but not be limited to, 15 medical benefits, life insurance benefits, pension benefits, 16 leave benefits, employer Social Security payments and workers' 17 compensation benefits. 18 (4) A statement of the university's retirement policies. 19 (5) A policy statement relating to a reduction of tuition 20 for employees' family members. 21 (6) A list of purchase of service contracts which exceed 22 $1,000 by category of service, including, but not limited to, 23 legal, instructional, management, accounting, architecture, 24 public relations and maintenance. The list shall contain the 25 name and address of the contractor, a statement of the nature of 26 the duties of the contractor and the academic and administrative 27 support unit for which the duties are performed. If a purchase 28 of service contract exceeds 10% of the total aggregate 29 expenditure of the contract category per academic or 30 administrative support unit, then the contracted amount shall 19970H0888B0990 - 7 -
1 also be listed. 2 (7) A list of purchase of goods contracts which exceed 3 $1,000. The list shall contain the name and address of the 4 contractor and a list of the goods purchased and the academic or 5 administrative support unit for which such goods were 6 contracted. If a purchase of goods contract exceeds 10% of the 7 total aggregate expenditure per academic or administrative 8 support unit, then the contracted amount shall also be listed. 9 (8) A list by academic or administrative support unit in the 10 aggregate, of the expenses of travel, subsistence and lodging, 11 whether provided or reimbursed. 12 (d) The university shall submit a report of the information 13 under subsections (b) and (c) to the Education Committee of the 14 Senate and the Appropriations Committee of the Senate and the 15 Education Committee of the House of Representatives and the 16 Appropriations Committee of the House of Representatives. In 17 addition, the university shall submit a copy of the report to 18 each of the following: 19 (1) Governor's Office. 20 (2) Secretary of Education. 21 (3) State Treasurer. 22 (4) Auditor General. 23 (5) Joint State Government Commission. 24 Each such institution shall maintain a copy of the report in the 25 institution's library and shall submit a copy to each of the 26 four State regional library resource centers. 27 (e) A university's report required to be submitted under 28 this section shall be submitted within 180 days of the close of 29 the university's current fiscal year. 30 (f) The Joint State Government Commission shall develop a 19970H0888B0990 - 8 -
1 statistical comparison analysis recognizing differences in 2 missions from the reports made under this section. A majority of 3 the members of the commission may request additional 4 documentation, except for salary or identity of individuals, 5 necessary to complete the comparative analysis. The comparison 6 shall be provided to the Education Committee of the Senate and 7 the Appropriations Committee of the Senate and the Education 8 Committee of the House of Representatives and the Appropriations 9 Committee of the House of Representatives and the four State 10 regional libraries. 11 (g) The university shall make a copy of the minutes of each 12 public meeting of the institution's board of trustees, as well 13 as a copy of the institution's integrated postsecondary 14 education data systems report, available for public inspection 15 in the institution's library. 16 Section 8. The Lincoln University shall provide full, 17 complete and accurate information as may be required by the 18 Department of Education or the majority chairman or the minority 19 chairman of the Appropriations Committee of the Senate or the 20 majority chairman or the minority chairman of the Appropriations 21 Committee of the House of Representatives. 22 Section 9. Lincoln University shall report its revenues and 23 expenditures and present its financial statements required under 24 the provisions of this act in accordance with generally accepted 25 accounting principles and procedures for educational 26 institutions as set forth in the "Higher Education Finance 27 Manual, United States Department of Health, Education and 28 Welfare (1975)" and the "Commonwealth of Pennsylvania Budget 29 Instructions for the State System of Higher Education, State- 30 Related Universities and Non-State-Related Colleges and 19970H0888B0990 - 9 -
1 Universities." 2 Section 10. This act shall take effect July 1, 1997, or 3 immediately, whichever is later. B6L84RZ/19970H0888B0990 - 10 -