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                                                      PRINTER'S NO. 3084



No. 2361 Session of 1998



                                  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, 1998, to
    25  June 30, 1999, for the purposes and in the amounts as shown:
    26     (1)  For educational and general expenses......   $10,389,000

     1     (2)  To enhance the recruitment and retention
     2  of disadvantaged students.........................       338,000
     3     (3)  For the International Affairs Institute...       305,000
     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
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     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  1999, shall cover the 12-month period beginning with the summer
    14  term 1998 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)
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     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
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     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 1998 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 1994, 1995,
    28  1996, 1997, 1998 and estimated 1999.
    29     Section 7.  (a)  The following words and phrases when used in
    30  this section shall have the meanings given to them in this
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     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
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     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
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     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
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     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
    19980H2361B3084                  - 9 -

     1  Universities."
     2     Section 10.  This act shall take effect July 1, 1998, or
     3  immediately, whichever is later.

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