SENATE AMENDED PRIOR PRINTER'S NO. 3195 PRINTER'S NO. 3584
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, 20000H2403B3584 - 2 -
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 20000H2403B3584 - 4 -
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. B9L84RZ/20000H2403B3584 - 10 -