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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 990, 1294                PRINTER'S NO. 1719



No. 888 Session of 1997


           AMENDED, MAY 5, 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. No                  <--
     2  funds may be allocated from this appropriation
     3  unless any tuition increase for the 1997-1998
     4  school year remains under 4.5% for Pennsylvania
     5  resident students.................................    $9,958,000
     6     (1)  FOR EDUCATIONAL AND GENERAL EXPENSES......    $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     (4)  FOR SPECIAL PROJECTS......................       104,000  <--
    11     Section 2.  Payments to Lincoln University on account of the
    12  appropriations for the items provided in section 1 shall be made
    13  on the basis of costs during the fiscal year.
    14     Section 3.  (a)  Payments to Lincoln University of the
    15  appropriations provided in section 1 shall be made monthly
    16  during the fiscal year.
    17     (b)  Such monthly payments shall be made in accordance with
    18  the provisions of section 2 on the basis of estimated costs. The
    19  estimate of costs shall be submitted by Lincoln University to
    20  the Secretary of Education, the General Assembly and the State
    21  Treasurer not later than 30 days prior to the date on which such
    22  payment is to be made.
    23     Section 4.  (a)  Lincoln University shall apply the moneys
    24  appropriated by this act only for such purposes as are permitted
    25  in this act and shall at all times maintain proper records
    26  showing the application of such moneys. Not later than 120 days
    27  after the close of the fiscal year to which this act relates,
    28  Lincoln University shall file, with the Secretary of Education,
    29  the General Assembly and the Auditor General of the
    30  Commonwealth, a statement setting forth the amounts and purposes
    19970H0888B1719                  - 2 -

     1  of all expenditures made from moneys appropriated by this act
     2  and costs, as provided in section 2, used as a basis for receipt
     3  of any appropriation during said fiscal year.
     4     (b)  Such statement of expenditures and costs shall be
     5  reviewed by the Auditor General of the Commonwealth, and he
     6  shall have the right, in respect to the moneys appropriated by
     7  this act, to audit and disallow expenditures made for purposes
     8  not permitted by this act and to cause such sums to be recovered
     9  and paid by Lincoln University to the State Treasurer. In
    10  respect to expenditures made by the university from moneys other
    11  than those appropriated by this act, the Auditor General shall
    12  have the right to review only, and he shall file annually with
    13  the General Assembly such information concerning said
    14  expenditures as the General Assembly or any of its committees
    15  may require.
    16     Section 5.  A report shall be submitted to the Governor and
    17  the Appropriations and Education Committees of the Senate and
    18  House of Representatives and shall include data for all
    19  programs. The report, to be submitted prior to September 1,
    20  1998, shall cover the 12-month period beginning with the summer
    21  term 1997 and shall include:
    22     (1)  The following counts and distributions for each term
    23  during the period:
    24     (i)  The definitions and numbers of faculty members employed
    25  full time, of faculty members employed part time, of full-time
    26  students enrolled in graduate courses, of full-time students
    27  enrolled in undergraduate courses, of part-time students
    28  enrolled in graduate courses and of part-time students enrolled
    29  in undergraduate courses.
    30     (ii)  The total numbers of undergraduate student credit
    19970H0888B1719                  - 3 -

     1  hours, divided into lower division and upper division course
     2  levels, and of graduate student credit hours, divided into three
     3  course levels--master's, first professional and doctoral.
     4     (iii)  The number of different courses scheduled by level of
     5  instruction and the number of sections of individual instruction
     6  scheduled by level of instruction, each further subdivided by
     7  two-digit Classification of Instructional Program (CIP)
     8  categories of instructional programs of higher education as
     9  defined by the National Center for Education Statistics, United
    10  States Department of Education.
    11     (iv)  The number of terms scheduled and the dates thereof.
    12     (2)  For the summer term and the following academic year in
    13  total and for each two-digit CIP program category, a
    14  classification of faculty members or other professional
    15  employees by title, including: professor, associate professor,
    16  assistant professor, instructor, lecturer, research associate,
    17  librarian and academic administrator; faculty members or other
    18  professional employees under each title to be subdivided by type
    19  of assignment: teaching and nonteaching; and each such set of
    20  faculty members or other professional employees to be further
    21  subdivided by type of employment: full-time or part-time; and
    22  the following aggregates for each such subdivided
    23  classification:
    24     (i)  The number of faculty and other professional employees
    25  and their full-time equivalence in instructional and
    26  noninstructional functions.
    27     (ii)  The sum of credits assigned to undergraduate classroom
    28  courses and the sum of credits assigned to graduate classroom
    29  courses taught, divided into lower division, upper division,
    30  master's, first professional and doctoral course levels.
    19970H0888B1719                  - 4 -

     1     (iii)  The sum of credits assigned to undergraduate
     2  individual instruction courses and the sum of credits assigned
     3  to graduate individual instruction courses taught, divided into
     4  lower division, upper division, master's, first professional and
     5  doctoral course levels.
     6     (iv)  The sum of undergraduate classroom student credit hours
     7  and the sum of graduate classroom student credit hours
     8  generated, divided into lower division, upper division,
     9  master's, first professional and doctoral course levels.
    10     (v)  The sum of undergraduate individual instruction student
    11  credit hours and the sum of graduate individual instruction
    12  student credit hours generated, divided into lower division,
    13  upper division, master's, first professional and doctoral course
    14  levels.
    15     (vi)  The total salary paid for instructional functions and
    16  for noninstructional functions and the amount of this salary
    17  paid for each of these functions from university funds, Federal
    18  funds and other funds.
    19     (3)  For each term of the period covered for each faculty
    20  member employed full time identified by two-digit CIP program
    21  category and title, the report shall contain an analysis of the
    22  average hours per week spent in university-related activities,
    23  stating specifically hours spent in undergraduate classroom
    24  contact and graduate classroom contact, hours spent in
    25  preparation, hours spent in research and hours spent in public
    26  service.
    27     Section 6.  In addition to the requirements in section 5
    28  relative to this appropriation, the report covering the 12-month
    29  period beginning with the summer term 1997 shall include for all
    30  programs of the university:
    19970H0888B1719                  - 5 -

     1     (1)  Minimum number of credits required for a baccalaureate
     2  degree and for a master's degree.
     3     (2)  Number of bachelor's degrees, master's degrees, first
     4  professional degrees and doctoral degrees awarded in 1993, 1994,
     5  1995, 1996, 1997 and estimated 1998.
     6     Section 7.  (a)  The following words and phrases when used in
     7  this section shall have the meanings given to them in this
     8  subsection unless the context clearly indicates otherwise:
     9     "Academic and administrative support units."  Any
    10  organizational entity, as defined in the organizational manual
    11  of the university, that reports directly to the president of the
    12  university, chief academic officer or vice president, including
    13  the office of the president, chief academic officer and vice
    14  president.
    15     "Expenditures."  Disbursements of State appropriations,
    16  tuition and fees supporting educational and general categories
    17  as defined in the Higher Education Finance Manual, Department of
    18  Health, Education and Welfare, 1975, or disbursement, supported
    19  by State appropriations, tuition or fees, to support a defined
    20  project or program under subsection (b)(3).
    21     "Revenue."  All State appropriations and tuition and fees.
    22     (b)  Lincoln University shall disclose the following:
    23     (1)  Revenue and expenditure budgets of the university's
    24  academic and administrative support units for the current fiscal
    25  year.
    26     (2)  The actual revenue and expenditures for the prior year
    27  in the same format as the information reported under paragraph
    28  (1).
    29     (3)  For any defined project or program which is the subject
    30  of a specific line item appropriation from the General Fund, the
    19970H0888B1719                  - 6 -

     1  university shall disclose the following:
     2     (i)  Revenue and expenditure budgets of the defined program
     3  or project for the current fiscal year.
     4     (ii)  The actual revenue and expenditures of the defined
     5  program or project for the prior year in the same format as the
     6  information reported under paragraph (1).
     7     (4)  The revenue and expenditures of any auxiliary enterprise
     8  which is directly funded in whole or in part by tuition or a
     9  State appropriation for the current fiscal year.
    10     (c)  The university shall provide the following additional
    11  information for the prior fiscal year for each academic or
    12  administrative support unit, for each defined project or program
    13  and for any auxiliary enterprise:
    14     (1)  The number of employees by academic rank and by
    15  classification the number of administrators, staff, clerical and
    16  technical service employees.
    17     (2)  Median and mean salary by academic rank and by
    18  classification the median and mean salaries of administrators,
    19  staff, clerical and technical service employees.
    20     (3)  Nonsalary compensation as a percentage of salary.
    21  Nonsalary compensation shall include, but not be limited to,
    22  medical benefits, life insurance benefits, pension benefits,
    23  leave benefits, employer Social Security payments and workers'
    24  compensation benefits.
    25     (4)  A statement of the university's retirement policies.
    26     (5)  A policy statement relating to a reduction of tuition
    27  for employees' family members.
    28     (6)  A list of purchase of service contracts which exceed
    29  $1,000 by category of service, including, but not limited to,
    30  legal, instructional, management, accounting, architecture,
    19970H0888B1719                  - 7 -

     1  public relations and maintenance. The list shall contain the
     2  name and address of the contractor, a statement of the nature of
     3  the duties of the contractor and the academic and administrative
     4  support unit for which the duties are performed. If a purchase
     5  of service contract exceeds 10% of the total aggregate
     6  expenditure of the contract category per academic or
     7  administrative support unit, then the contracted amount shall
     8  also be listed.
     9     (7)  A list of purchase of goods contracts which exceed
    10  $1,000. The list shall contain the name and address of the
    11  contractor and a list of the goods purchased and the academic or
    12  administrative support unit for which such goods were
    13  contracted. If a purchase of goods contract exceeds 10% of the
    14  total aggregate expenditure per academic or administrative
    15  support unit, then the contracted amount shall also be listed.
    16     (8)  A list by academic or administrative support unit in the
    17  aggregate, of the expenses of travel, subsistence and lodging,
    18  whether provided or reimbursed.
    19     (d)  The university shall submit a report of the information
    20  under subsections (b) and (c) to the Education Committee of the
    21  Senate and the Appropriations Committee of the Senate and the
    22  Education Committee of the House of Representatives and the
    23  Appropriations Committee of the House of Representatives. In
    24  addition, the university shall submit a copy of the report to
    25  each of the following:
    26     (1)  Governor's Office.
    27     (2)  Secretary of Education.
    28     (3)  State Treasurer.
    29     (4)  Auditor General.
    30     (5)  Joint State Government Commission.
    19970H0888B1719                  - 8 -

     1  Each such institution shall maintain a copy of the report in the
     2  institution's library and shall submit a copy to each of the
     3  four State regional library resource centers.
     4     (e)  A university's report required to be submitted under
     5  this section shall be submitted within 180 days of the close of
     6  the university's current fiscal year.
     7     (f)  The Joint State Government Commission shall develop a
     8  statistical comparison analysis recognizing differences in
     9  missions from the reports made under this section. A majority of
    10  the members of the commission may request additional
    11  documentation, except for salary or identity of individuals,
    12  necessary to complete the comparative analysis. The comparison
    13  shall be provided to the Education Committee of the Senate and
    14  the Appropriations Committee of the Senate and the Education
    15  Committee of the House of Representatives and the Appropriations
    16  Committee of the House of Representatives and the four State
    17  regional libraries.
    18     (g)  The university shall make a copy of the minutes of each
    19  public meeting of the institution's board of trustees, as well
    20  as a copy of the institution's integrated postsecondary
    21  education data systems report, available for public inspection
    22  in the institution's library.
    23     Section 8.  The Lincoln University shall provide full,
    24  complete and accurate information as may be required by the
    25  Department of Education or the majority chairman or the minority
    26  chairman of the Appropriations Committee of the Senate or the
    27  majority chairman or the minority chairman of the Appropriations
    28  Committee of the House of Representatives.
    29     Section 9.  Lincoln University shall report its revenues and
    30  expenditures and present its financial statements required under
    19970H0888B1719                  - 9 -

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

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