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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 3195                      PRINTER'S NO. 3584

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2403 Session of 2000


        INTRODUCED BY BARLEY, MARCH 16, 2000

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, MAY 16, 2000

                                  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, 2000, to
    25  June 30, 2001, for the purposes and in the amounts as shown:

     1     (1)  For educational and general expenses......   $10,704,000
     2     (2)  To enhance the recruitment and retention
     3  of disadvantaged students.........................       355,000
     4     (3)  For the International Affairs Institute...       321,000
     5     (4)  For Student Education Instruction
     6  Assistance........................................       262,000
     7     (5)  For Program Initiatives...................       300,000  <--
     8     (5)  FOR PROGRAM INITIATIVES...................     1,300,000  <--
     9     Section 2.  Payments to Lincoln University on account of the
    10  appropriations for the items provided in section 1 shall be made
    11  on the basis of costs during the fiscal year.
    12     Section 3.  (a)  Payments to Lincoln University of the
    13  appropriations provided in section 1 shall be made monthly
    14  during the fiscal year.
    15     (b)  Such monthly payments shall be made in accordance with
    16  the provisions of section 2 on the basis of estimated costs. The
    17  estimate of costs shall be submitted by Lincoln University to
    18  the Secretary of Education, the General Assembly and the State
    19  Treasurer not later than 30 days prior to the date on which such
    20  payment is to be made.
    21     (c)  Payments to Lincoln University provided in section 1(5)
    22  are contingent on the university making all articulation
    23  agreements with other higher education institutions available on
    24  the Internet.
    25     Section 4.  (a)  Lincoln University shall apply the moneys
    26  appropriated by this act only for such purposes as are permitted
    27  in this act and shall at all times maintain proper records
    28  showing the application of such moneys. Not later than 120 days
    29  after the close of the fiscal year to which this act relates,
    30  Lincoln University shall file, with the Secretary of Education,
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     1  the General Assembly and the Auditor General of the
     2  Commonwealth, a statement setting forth the amounts and purposes
     3  of all expenditures made from moneys appropriated by this act
     4  and costs, as provided in section 2, used as a basis for receipt
     5  of any appropriation during said fiscal year.
     6     (b)  Such statement of expenditures and costs shall be
     7  reviewed by the Auditor General of the Commonwealth, and he
     8  shall have the right, in respect to the moneys appropriated by
     9  this act, to audit and disallow expenditures made for purposes
    10  not permitted by this act and to cause such sums to be recovered
    11  and paid by Lincoln University to the State Treasurer. In
    12  respect to expenditures made by the university from moneys other
    13  than those appropriated by this act, the Auditor General shall
    14  have the right to review only, and he shall file annually with
    15  the General Assembly such information concerning said
    16  expenditures as the General Assembly or any of its committees
    17  may require.
    18     Section 5.  A report shall be submitted to the Governor and
    19  the Appropriations and Education Committees of the Senate and
    20  House of Representatives and shall include data for all
    21  programs. The report, to be submitted prior to September 1,
    22  2001, shall cover the 12-month period beginning with the summer
    23  term 2000 and shall include:
    24     (1)  The following counts and distributions for each term
    25  during the period:
    26     (i)  The definitions and numbers of faculty members employed
    27  full time, of faculty members employed part time, of full-time
    28  students enrolled in graduate courses, of full-time students
    29  enrolled in undergraduate courses, of part-time students
    30  enrolled in graduate courses and of part-time students enrolled
    20000H2403B3584                  - 3 -

     1  in undergraduate courses.
     2     (ii)  The total numbers of undergraduate student credit
     3  hours, divided into lower division and upper division course
     4  levels, and of graduate student credit hours, divided into three
     5  course levels--master's, first professional and doctoral.
     6     (iii)  The number of different courses scheduled by level of
     7  instruction and the number of sections of individual instruction
     8  scheduled by level of instruction, each further subdivided by
     9  two-digit Classification of Instructional Program (CIP)
    10  categories of instructional programs of higher education as
    11  defined by the National Center for Education Statistics, United
    12  States Department of Education.
    13     (iv)  The number of terms scheduled and the dates thereof.
    14     (2)  For the summer term and the following academic year in
    15  total and for each two-digit CIP program category, a
    16  classification of faculty members or other professional
    17  employees by title, including: professor, associate professor,
    18  assistant professor, instructor, lecturer, research associate,
    19  librarian and academic administrator; faculty members or other
    20  professional employees under each title to be subdivided by type
    21  of assignment: teaching and nonteaching; and each such set of
    22  faculty members or other professional employees to be further
    23  subdivided by type of employment: full-time or part-time; and
    24  the following aggregates for each such subdivided
    25  classification:
    26     (i)  The number of faculty and other professional employees
    27  and their full-time equivalence in instructional and
    28  noninstructional functions.
    29     (ii)  The sum of credits assigned to undergraduate classroom
    30  courses and the sum of credits assigned to graduate classroom
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     1  courses taught, divided into lower division, upper division,
     2  master's, first professional and doctoral course levels.
     3     (iii)  The sum of credits assigned to undergraduate
     4  individual instruction courses and the sum of credits assigned
     5  to graduate individual instruction courses taught, divided into
     6  lower division, upper division, master's, first professional and
     7  doctoral course levels.
     8     (iv)  The sum of undergraduate classroom student credit hours
     9  and the sum of graduate classroom student credit hours
    10  generated, divided into lower division, upper division,
    11  master's, first professional and doctoral course levels.
    12     (v)  The sum of undergraduate individual instruction student
    13  credit hours and the sum of graduate individual instruction
    14  student credit hours generated, divided into lower division,
    15  upper division, master's, first professional and doctoral course
    16  levels.
    17     (vi)  The total salary paid for instructional functions and
    18  for noninstructional functions and the amount of this salary
    19  paid for each of these functions from university funds, Federal
    20  funds and other funds.
    21     (3)  For each term of the period covered for each faculty
    22  member employed full time identified by two-digit CIP program
    23  category and title, the report shall contain an analysis of the
    24  average hours per week spent in university-related activities,
    25  stating specifically hours spent in undergraduate classroom
    26  contact and graduate classroom contact, hours spent in
    27  preparation, hours spent in research and hours spent in public
    28  service.
    29     Section 6.  In addition to the requirements in section 5
    30  relative to this appropriation, the report covering the 12-month
    20000H2403B3584                  - 5 -

     1  period beginning with the summer term 2000 shall include for all
     2  programs of the university:
     3     (1)  Minimum number of credits required for a baccalaureate
     4  degree and for a master's degree.
     5     (2)  Number of bachelor's degrees, master's degrees, first
     6  professional degrees and doctoral degrees awarded in 1996, 1997,
     7  1998, 1999, 2000 and estimated 2001.
     8     Section 7.  (a)  The following words and phrases when used in
     9  this section shall have the meanings given to them in this
    10  subsection unless the context clearly indicates otherwise:
    11     "Academic and administrative support units."  Any
    12  organizational entity, as defined in the organizational manual
    13  of the university, that reports directly to the president of the
    14  university, chief academic officer or vice president, including
    15  the office of the president, chief academic officer and vice
    16  president.
    17     "Expenditures."  Disbursements of State appropriations,
    18  tuition and fees supporting educational and general categories
    19  as defined in the Higher Education Finance Manual, Department of
    20  Health, Education and Welfare, 1975, or disbursement, supported
    21  by State appropriations, tuition or fees, to support a defined
    22  project or program under subsection (b)(3).
    23     "Revenue."  All State appropriations and tuition and fees.
    24     (b)  Lincoln University shall disclose the following:
    25     (1)  Revenue and expenditure budgets of the university's
    26  academic and administrative support units for the current fiscal
    27  year.
    28     (2)  The actual revenue and expenditures for the prior year
    29  in the same format as the information reported under paragraph
    30  (1).
    20000H2403B3584                  - 6 -

     1     (3)  For any defined project or program which is the subject
     2  of a specific line item appropriation from the General Fund, the
     3  university shall disclose the following:
     4     (i)  Revenue and expenditure budgets of the defined program
     5  or project for the current fiscal year.
     6     (ii)  The actual revenue and expenditures of the defined
     7  program or project for the prior year in the same format as the
     8  information reported under paragraph (1).
     9     (4)  The revenue and expenditures of any auxiliary enterprise
    10  which is directly funded in whole or in part by tuition or a
    11  State appropriation for the current fiscal year.
    12     (c)  The university shall provide the following additional
    13  information for the prior fiscal year for each academic or
    14  administrative support unit, for each defined project or program
    15  and for any auxiliary enterprise:
    16     (1)  The number of employees by academic rank and by
    17  classification the number of administrators, staff, clerical and
    18  technical service employees.
    19     (2)  Median and mean salary by academic rank and by
    20  classification the median and mean salaries of administrators,
    21  staff, clerical and technical service employees.
    22     (3)  Nonsalary compensation as a percentage of salary.
    23  Nonsalary compensation shall include, but not be limited to,
    24  medical benefits, life insurance benefits, pension benefits,
    25  leave benefits, employer Social Security payments and workers'
    26  compensation benefits.
    27     (4)  A statement of the university's retirement policies.
    28     (5)  A policy statement relating to a reduction of tuition
    29  for employees' family members.
    30     (6)  A list of purchase of service contracts which exceed
    20000H2403B3584                  - 7 -

     1  $1,000 by category of service, including, but not limited to,
     2  legal, instructional, management, accounting, architecture,
     3  public relations and maintenance. The list shall contain the
     4  name and address of the contractor, a statement of the nature of
     5  the duties of the contractor and the academic and administrative
     6  support unit for which the duties are performed. If a purchase
     7  of service contract exceeds 10% of the total aggregate
     8  expenditure of the contract category per academic or
     9  administrative support unit, then the contracted amount shall
    10  also be listed.
    11     (7)  A list of purchase of goods contracts which exceed
    12  $1,000. The list shall contain the name and address of the
    13  contractor and a list of the goods purchased and the academic or
    14  administrative support unit for which such goods were
    15  contracted. If a purchase of goods contract exceeds 10% of the
    16  total aggregate expenditure per academic or administrative
    17  support unit, then the contracted amount shall also be listed.
    18     (8)  A list by academic or administrative support unit in the
    19  aggregate, of the expenses of travel, subsistence and lodging,
    20  whether provided or reimbursed.
    21     (d)  The university shall submit a report of the information
    22  under subsections (b) and (c) to the Education Committee of the
    23  Senate and the Appropriations Committee of the Senate and the
    24  Education Committee of the House of Representatives and the
    25  Appropriations Committee of the House of Representatives. In
    26  addition, the university shall submit a copy of the report to
    27  each of the following:
    28     (1)  Governor's Office.
    29     (2)  Secretary of Education.
    30     (3)  State Treasurer.
    20000H2403B3584                  - 8 -

     1     (4)  Auditor General.
     2     (5)  Joint State Government Commission.
     3  Each such institution shall maintain a copy of the report in the
     4  institution's library and shall submit a copy to each of the
     5  four State regional library resource centers.
     6     (e)  A university's report required to be submitted under
     7  this section shall be submitted within 180 days of the close of
     8  the university's current fiscal year.
     9     (f)  The Joint State Government Commission shall develop a
    10  statistical comparison analysis recognizing differences in
    11  missions from the reports made under this section. A majority of
    12  the members of the commission may request additional
    13  documentation, except for salary or identity of individuals,
    14  necessary to complete the comparative analysis. The comparison
    15  shall be provided to the Education Committee of the Senate and
    16  the Appropriations Committee of the Senate and the Education
    17  Committee of the House of Representatives and the Appropriations
    18  Committee of the House of Representatives and the four State
    19  regional libraries.
    20     (g)  The university shall make a copy of the minutes of each
    21  public meeting of the institution's board of trustees, as well
    22  as a copy of the institution's integrated postsecondary
    23  education data systems report, available for public inspection
    24  in the institution's library.
    25     Section 8.  The Lincoln University shall provide full,
    26  complete and accurate information as may be required by the
    27  Department of Education or the chairman or the minority chairman
    28  of the Appropriations Committee of the Senate or the chairman or
    29  the minority chairman of the Appropriations Committee of the
    30  House of Representatives.
    20000H2403B3584                  - 9 -

     1     Section 9.  Lincoln University shall report its revenues and
     2  expenditures and present its financial statements required under
     3  the provisions of this act in accordance with generally accepted
     4  accounting principles and procedures for educational
     5  institutions as set forth in the "Higher Education Finance
     6  Manual, United States Department of Health, Education and
     7  Welfare (1975)" and the "Commonwealth of Pennsylvania Budget
     8  Instructions for the State System of Higher Education, State-
     9  Related Universities and Non-State-Related Colleges and
    10  Universities."
    11     Section 10.  This act shall take effect July 1, 2000, or
    12  immediately, whichever is later.












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