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        PRIOR PRINTER'S NO. 990                       PRINTER'S NO. 1294

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 888 Session of 1997


        INTRODUCED BY BARLEY, MARCH 12, 1997

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           APRIL 2, 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:


     1     (1)  For educational and general expenses......    $9,958,000  <--
     2     (1)  FOR EDUCATIONAL AND GENERAL EXPENSES. NO                  <--
     3  FUNDS MAY BE ALLOCATED FROM THIS APPROPRIATION
     4  UNLESS ANY TUITION INCREASE FOR THE 1997-1998
     5  SCHOOL YEAR REMAINS UNDER 4.5% FOR PENNSYLVANIA
     6  RESIDENT STUDENTS.................................    $9,958,000
     7     (2)  To enhance the recruitment and retention
     8  of disadvantaged students.........................       327,000
     9     (3)  For the International Affairs Institute...       295,000
    10     Section 2.  Payments to Lincoln University on account of the
    11  appropriations for the items provided in section 1 shall be made
    12  on the basis of costs during the fiscal year.
    13     Section 3.  (a)  Payments to Lincoln University of the
    14  appropriations provided in section 1 shall be made monthly
    15  during the fiscal year.
    16     (b)  Such monthly payments shall be made in accordance with
    17  the provisions of section 2 on the basis of estimated costs. The
    18  estimate of costs shall be submitted by Lincoln University to
    19  the Secretary of Education, the General Assembly and the State
    20  Treasurer not later than 30 days prior to the date on which such
    21  payment is to be made.
    22     Section 4.  (a)  Lincoln University shall apply the moneys
    23  appropriated by this act only for such purposes as are permitted
    24  in this act and shall at all times maintain proper records
    25  showing the application of such moneys. Not later than 120 days
    26  after the close of the fiscal year to which this act relates,
    27  Lincoln University shall file, with the Secretary of Education,
    28  the General Assembly and the Auditor General of the
    29  Commonwealth, a statement setting forth the amounts and purposes
    30  of all expenditures made from moneys appropriated by this act
    19970H0888B1294                  - 2 -

     1  and costs, as provided in section 2, used as a basis for receipt
     2  of any appropriation during said fiscal year.
     3     (b)  Such statement of expenditures and costs shall be
     4  reviewed by the Auditor General of the Commonwealth, and he
     5  shall have the right, in respect to the moneys appropriated by
     6  this act, to audit and disallow expenditures made for purposes
     7  not permitted by this act and to cause such sums to be recovered
     8  and paid by Lincoln University to the State Treasurer. In
     9  respect to expenditures made by the university from moneys other
    10  than those appropriated by this act, the Auditor General shall
    11  have the right to review only, and he shall file annually with
    12  the General Assembly such information concerning said
    13  expenditures as the General Assembly or any of its committees
    14  may require.
    15     Section 5.  A report shall be submitted to the Governor and
    16  the Appropriations and Education Committees of the Senate and
    17  House of Representatives and shall include data for all
    18  programs. The report, to be submitted prior to September 1,
    19  1998, shall cover the 12-month period beginning with the summer
    20  term 1997 and shall include:
    21     (1)  The following counts and distributions for each term
    22  during the period:
    23     (i)  The definitions and numbers of faculty members employed
    24  full time, of faculty members employed part time, of full-time
    25  students enrolled in graduate courses, of full-time students
    26  enrolled in undergraduate courses, of part-time students
    27  enrolled in graduate courses and of part-time students enrolled
    28  in undergraduate courses.
    29     (ii)  The total numbers of undergraduate student credit
    30  hours, divided into lower division and upper division course
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     1  levels, and of graduate student credit hours, divided into three
     2  course levels--master's, first professional and doctoral.
     3     (iii)  The number of different courses scheduled by level of
     4  instruction and the number of sections of individual instruction
     5  scheduled by level of instruction, each further subdivided by
     6  two-digit Classification of Instructional Program (CIP)
     7  categories of instructional programs of higher education as
     8  defined by the National Center for Education Statistics, United
     9  States Department of Education.
    10     (iv)  The number of terms scheduled and the dates thereof.
    11     (2)  For the summer term and the following academic year in
    12  total and for each two-digit CIP program category, a
    13  classification of faculty members or other professional
    14  employees by title, including: professor, associate professor,
    15  assistant professor, instructor, lecturer, research associate,
    16  librarian and academic administrator; faculty members or other
    17  professional employees under each title to be subdivided by type
    18  of assignment: teaching and nonteaching; and each such set of
    19  faculty members or other professional employees to be further
    20  subdivided by type of employment: full-time or part-time; and
    21  the following aggregates for each such subdivided
    22  classification:
    23     (i)  The number of faculty and other professional employees
    24  and their full-time equivalence in instructional and
    25  noninstructional functions.
    26     (ii)  The sum of credits assigned to undergraduate classroom
    27  courses and the sum of credits assigned to graduate classroom
    28  courses taught, divided into lower division, upper division,
    29  master's, first professional and doctoral course levels.
    30     (iii)  The sum of credits assigned to undergraduate
    19970H0888B1294                  - 4 -

     1  individual instruction courses and the sum of credits assigned
     2  to graduate individual instruction courses taught, divided into
     3  lower division, upper division, master's, first professional and
     4  doctoral course levels.
     5     (iv)  The sum of undergraduate classroom student credit hours
     6  and the sum of graduate classroom student credit hours
     7  generated, divided into lower division, upper division,
     8  master's, first professional and doctoral course levels.
     9     (v)  The sum of undergraduate individual instruction student
    10  credit hours and the sum of graduate individual instruction
    11  student credit hours generated, divided into lower division,
    12  upper division, master's, first professional and doctoral course
    13  levels.
    14     (vi)  The total salary paid for instructional functions and
    15  for noninstructional functions and the amount of this salary
    16  paid for each of these functions from university funds, Federal
    17  funds and other funds.
    18     (3)  For each term of the period covered for each faculty
    19  member employed full time identified by two-digit CIP program
    20  category and title, the report shall contain an analysis of the
    21  average hours per week spent in university-related activities,
    22  stating specifically hours spent in undergraduate classroom
    23  contact and graduate classroom contact, hours spent in
    24  preparation, hours spent in research and hours spent in public
    25  service.
    26     Section 6.  In addition to the requirements in section 5
    27  relative to this appropriation, the report covering the 12-month
    28  period beginning with the summer term 1997 shall include for all
    29  programs of the university:
    30     (1)  Minimum number of credits required for a baccalaureate
    19970H0888B1294                  - 5 -

     1  degree and for a master's degree.
     2     (2)  Number of bachelor's degrees, master's degrees, first
     3  professional degrees and doctoral degrees awarded in 1993, 1994,
     4  1995, 1996, 1997 and estimated 1998.
     5     Section 7.  (a)  The following words and phrases when used in
     6  this section shall have the meanings given to them in this
     7  subsection unless the context clearly indicates otherwise:
     8     "Academic and administrative support units."  Any
     9  organizational entity, as defined in the organizational manual
    10  of the university, that reports directly to the president of the
    11  university, chief academic officer or vice president, including
    12  the office of the president, chief academic officer and vice
    13  president.
    14     "Expenditures."  Disbursements of State appropriations,
    15  tuition and fees supporting educational and general categories
    16  as defined in the Higher Education Finance Manual, Department of
    17  Health, Education and Welfare, 1975, or disbursement, supported
    18  by State appropriations, tuition or fees, to support a defined
    19  project or program under subsection (b)(3).
    20     "Revenue."  All State appropriations and tuition and fees.
    21     (b)  Lincoln University shall disclose the following:
    22     (1)  Revenue and expenditure budgets of the university's
    23  academic and administrative support units for the current fiscal
    24  year.
    25     (2)  The actual revenue and expenditures for the prior year
    26  in the same format as the information reported under paragraph
    27  (1).
    28     (3)  For any defined project or program which is the subject
    29  of a specific line item appropriation from the General Fund, the
    30  university shall disclose the following:
    19970H0888B1294                  - 6 -

     1     (i)  Revenue and expenditure budgets of the defined program
     2  or project for the current fiscal year.
     3     (ii)  The actual revenue and expenditures of the defined
     4  program or project for the prior year in the same format as the
     5  information reported under paragraph (1).
     6     (4)  The revenue and expenditures of any auxiliary enterprise
     7  which is directly funded in whole or in part by tuition or a
     8  State appropriation for the current fiscal year.
     9     (c)  The university shall provide the following additional
    10  information for the prior fiscal year for each academic or
    11  administrative support unit, for each defined project or program
    12  and for any auxiliary enterprise:
    13     (1)  The number of employees by academic rank and by
    14  classification the number of administrators, staff, clerical and
    15  technical service employees.
    16     (2)  Median and mean salary by academic rank and by
    17  classification the median and mean salaries of administrators,
    18  staff, clerical and technical service employees.
    19     (3)  Nonsalary compensation as a percentage of salary.
    20  Nonsalary compensation shall include, but not be limited to,
    21  medical benefits, life insurance benefits, pension benefits,
    22  leave benefits, employer Social Security payments and workers'
    23  compensation benefits.
    24     (4)  A statement of the university's retirement policies.
    25     (5)  A policy statement relating to a reduction of tuition
    26  for employees' family members.
    27     (6)  A list of purchase of service contracts which exceed
    28  $1,000 by category of service, including, but not limited to,
    29  legal, instructional, management, accounting, architecture,
    30  public relations and maintenance. The list shall contain the
    19970H0888B1294                  - 7 -

     1  name and address of the contractor, a statement of the nature of
     2  the duties of the contractor and the academic and administrative
     3  support unit for which the duties are performed. If a purchase
     4  of service contract exceeds 10% of the total aggregate
     5  expenditure of the contract category per academic or
     6  administrative support unit, then the contracted amount shall
     7  also be listed.
     8     (7)  A list of purchase of goods contracts which exceed
     9  $1,000. The list shall contain the name and address of the
    10  contractor and a list of the goods purchased and the academic or
    11  administrative support unit for which such goods were
    12  contracted. If a purchase of goods contract exceeds 10% of the
    13  total aggregate expenditure per academic or administrative
    14  support unit, then the contracted amount shall also be listed.
    15     (8)  A list by academic or administrative support unit in the
    16  aggregate, of the expenses of travel, subsistence and lodging,
    17  whether provided or reimbursed.
    18     (d)  The university shall submit a report of the information
    19  under subsections (b) and (c) to the Education Committee of the
    20  Senate and the Appropriations Committee of the Senate and the
    21  Education Committee of the House of Representatives and the
    22  Appropriations Committee of the House of Representatives. In
    23  addition, the university shall submit a copy of the report to
    24  each of the following:
    25     (1)  Governor's Office.
    26     (2)  Secretary of Education.
    27     (3)  State Treasurer.
    28     (4)  Auditor General.
    29     (5)  Joint State Government Commission.
    30  Each such institution shall maintain a copy of the report in the
    19970H0888B1294                  - 8 -

     1  institution's library and shall submit a copy to each of the
     2  four State regional library resource centers.
     3     (e)  A university's report required to be submitted under
     4  this section shall be submitted within 180 days of the close of
     5  the university's current fiscal year.
     6     (f)  The Joint State Government Commission shall develop a
     7  statistical comparison analysis recognizing differences in
     8  missions from the reports made under this section. A majority of
     9  the members of the commission may request additional
    10  documentation, except for salary or identity of individuals,
    11  necessary to complete the comparative analysis. The comparison
    12  shall be provided to the Education Committee of the Senate and
    13  the Appropriations Committee of the Senate and the Education
    14  Committee of the House of Representatives and the Appropriations
    15  Committee of the House of Representatives and the four State
    16  regional libraries.
    17     (g)  The university shall make a copy of the minutes of each
    18  public meeting of the institution's board of trustees, as well
    19  as a copy of the institution's integrated postsecondary
    20  education data systems report, available for public inspection
    21  in the institution's library.
    22     Section 8.  The Lincoln University shall provide full,
    23  complete and accurate information as may be required by the
    24  Department of Education or the majority chairman or the minority
    25  chairman of the Appropriations Committee of the Senate or the
    26  majority chairman or the minority chairman of the Appropriations
    27  Committee of the House of Representatives.
    28     Section 9.  Lincoln University shall report its revenues and
    29  expenditures and present its financial statements required under
    30  the provisions of this act in accordance with generally accepted
    19970H0888B1294                  - 9 -

     1  accounting principles and procedures for educational
     2  institutions as set forth in the "Higher Education Finance
     3  Manual, United States Department of Health, Education and
     4  Welfare (1975)" and the "Commonwealth of Pennsylvania Budget
     5  Instructions for the State System of Higher Education, State-
     6  Related Universities and Non-State-Related Colleges and
     7  Universities."
     8     Section 10.  This act shall take effect July 1, 1997, or
     9  immediately, whichever is later.














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