SENATE AMENDED PRIOR PRINTER'S NO. 3687 PRINTER'S NO. 4468
No. 2507 Session of 2006
INTRODUCED BY FEESE, MARCH 14, 2006
SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 30, 2006
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 an
16 appropriation for carrying the same into effect; providing
17 for a basis for payments of the appropriation; and providing
18 a method of accounting for the funds appropriated and for
19 certain fiscal information disclosure.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The sum of $12,934,000 $13,516,000 or as much <--
23 thereof as may be necessary, is hereby appropriated to the
24 Trustees of Lincoln University, Chester County, for the fiscal
25 year July 1, 2006, to June 30, 2007, for educational and general
1 expenses. 2 Section 2. Payments to Lincoln University on account of the 3 appropriation for the items provided in section 1 shall be made 4 on the basis of costs during the fiscal year. 5 Section 3. (a) Payments to Lincoln University of the 6 appropriation provided in section 1 shall be made monthly during 7 the fiscal year. 8 (b) Such monthly payments shall be made in accordance with 9 the provisions of section 2 on the basis of estimated costs. The 10 estimate of costs shall be submitted by Lincoln University to 11 the Secretary of Education, the General Assembly and the State 12 Treasurer not later than 30 days prior to the date on which such 13 payment is to be made. 14 Section 4. (a) Lincoln University shall apply the moneys 15 appropriated by this act only for such purposes as are permitted 16 in this act and shall at all times maintain proper records 17 showing the application of such moneys. Not later than 120 days 18 after the close of the fiscal year to which this act relates, 19 Lincoln University shall file, with the Secretary of Education, 20 the General Assembly and the Auditor General of the 21 Commonwealth, a statement setting forth the amounts and purposes 22 of all expenditures made from moneys appropriated by this act 23 and costs, as provided in section 2, used as a basis for receipt 24 of any appropriation during said fiscal year. 25 (b) Such statement of expenditures and costs shall be 26 reviewed by the Auditor General of the Commonwealth, and he 27 shall have the right, in respect to the moneys appropriated by 28 this act, to audit and disallow expenditures made for purposes 29 not permitted by this act and to cause such sums to be recovered 30 and paid by Lincoln University to the State Treasurer. In 20060H2507B4468 - 2 -
1 respect to expenditures made by the university from moneys other 2 than those appropriated by this act, the Auditor General shall 3 have the right to review only, and he shall file annually with 4 the General Assembly such information concerning said 5 expenditures as the General Assembly or any of its committees 6 may require. 7 Section 5. A report shall be submitted to the Governor and 8 the Appropriations and Education Committees of the Senate and 9 House of Representatives and shall include data for all 10 programs. The report, to be submitted prior to September 1, 11 2007, shall cover the 12-month period beginning with the summer 12 term 2006 and shall include: 13 (1) The following counts and distributions for each term 14 during the period: 15 (i) The definitions and numbers of faculty members employed 16 full time, of faculty members employed part time, of full-time 17 students enrolled in graduate courses, of full-time students 18 enrolled in undergraduate courses, of part-time students 19 enrolled in graduate courses and of part-time students enrolled 20 in undergraduate courses. 21 (ii) The total numbers of undergraduate student credit 22 hours, divided into lower division and upper division course 23 levels, and of graduate student credit hours, divided into three 24 course levels--master's, first professional and doctoral. 25 (iii) The number of different courses scheduled by level of 26 instruction and the number of sections of individual instruction 27 scheduled by level of instruction, each further subdivided by 28 two-digit Classification of Instructional Program (CIP) 29 categories of instructional programs of higher education as 30 defined by the National Center for Education Statistics, United 20060H2507B4468 - 3 -
1 States Department of Education. 2 (iv) The number of terms scheduled and the dates thereof. 3 (2) For the summer term and the following academic year in 4 total and for each two-digit CIP program category, a 5 classification of faculty members or other professional 6 employees by title, including: professor, associate professor, 7 assistant professor, instructor, lecturer, research associate, 8 librarian and academic administrator; faculty members or other 9 professional employees under each title to be subdivided by type 10 of assignment: teaching and nonteaching; and each such set of 11 faculty members or other professional employees to be further 12 subdivided by type of employment: full-time or part-time; and 13 the following aggregates for each such subdivided 14 classification: 15 (i) The number of faculty and other professional employees 16 and their full-time equivalence in instructional and 17 noninstructional functions. 18 (ii) The sum of credits assigned to undergraduate classroom 19 courses and the sum of credits assigned to graduate classroom 20 courses taught, divided into lower division, upper division, 21 master's, first professional and doctoral course levels. 22 (iii) The sum of credits assigned to undergraduate 23 individual instruction courses and the sum of credits assigned 24 to graduate individual instruction courses taught, divided into 25 lower division, upper division, master's, first professional and 26 doctoral course levels. 27 (iv) The sum of undergraduate classroom student credit hours 28 and the sum of graduate classroom student credit hours 29 generated, divided into lower division, upper division, 30 master's, first professional and doctoral course levels. 20060H2507B4468 - 4 -
1 (v) The sum of undergraduate individual instruction student 2 credit hours and the sum of graduate individual instruction 3 student credit hours generated, divided into lower division, 4 upper division, master's, first professional and doctoral course 5 levels. 6 (vi) The total salary paid for instructional functions and 7 for noninstructional functions and the amount of this salary 8 paid for each of these functions from university funds, Federal 9 funds and other funds. 10 (3) For each term of the period covered for each faculty 11 member employed full time identified by two-digit CIP program 12 category and title, the report shall contain an analysis of the 13 average hours per week spent in university-related activities, 14 stating specifically hours spent in undergraduate classroom 15 contact and graduate classroom contact, hours spent in 16 preparation, hours spent in research and hours spent in public 17 service. 18 Section 6. In addition to the requirements in section 5 19 relative to this appropriation, the report covering the 12-month 20 period beginning with the summer term 2006 shall include for all 21 programs of the university: 22 (1) Minimum number of credits required for a baccalaureate 23 degree and for a master's degree. 24 (2) Number of bachelor's degrees, master's degrees, first 25 professional degrees and doctoral degrees awarded in 2002, 2003, 26 2004, 2005, 2006 and estimated 2007. 27 Section 7. (a) The following words and phrases when used in 28 this section shall have the meanings given to them in this 29 subsection unless the context clearly indicates otherwise: 30 "Academic and administrative support units." Any 20060H2507B4468 - 5 -
1 organizational entity, as defined in the organizational manual 2 of the university, that reports directly to the president of the 3 university, chief academic officer or vice president, including 4 the office of the president, chief academic officer and vice 5 president. 6 "Expenditures." Disbursements or payments of State 7 appropriations, tuition and fees supporting operational, 8 educational or other general categories of expenses as defined 9 in: the generally accepted accounting principles as prescribed 10 by the National Association of College and University Business 11 Officers, the American Institute of Certified Public 12 Accountants, or by their successors, or by any other recognized 13 authoritative body; the "Commonwealth of Pennsylvania Budget 14 Instructions for the State System of Higher Education, State- 15 Related Universities and Non-State-Related Colleges and 16 Universities"; and the financial reporting policies and 17 standards promulgated by the Commonwealth of Pennsylvania and by 18 the Federal Government that apply to Lincoln University. 19 "Revenue." All State appropriations and tuition and fees. 20 (b) Lincoln University shall disclose the following: 21 (1) Revenue and expenditure budgets of the university's 22 academic and administrative support units for the current fiscal 23 year. 24 (2) The actual revenue and expenditures for the prior year 25 in the same format as the information reported under paragraph 26 (1). 27 (3) For any defined project or program which is the subject 28 of a specific line item appropriation from the General Fund, the 29 university shall disclose the following: 30 (i) Revenue and expenditure budgets of the defined program 20060H2507B4468 - 6 -
1 or project for the current fiscal year. 2 (ii) The actual revenue and expenditures of the defined 3 program or project for the prior year in the same format as the 4 information reported under paragraph (1). 5 (4) The revenue and expenditures of any auxiliary enterprise 6 which is directly funded in whole or in part by tuition or a 7 State appropriation for the current fiscal year. 8 (c) The university shall provide the following additional 9 information for the prior fiscal year for each academic or 10 administrative support unit, for each defined project or program 11 and for any auxiliary enterprise: 12 (1) The number of employees by academic rank and by 13 classification the number of administrators, staff, clerical and 14 technical service employees. 15 (2) Median and mean salary by academic rank and by 16 classification the median and mean salaries of administrators, 17 staff, clerical and technical service employees. 18 (3) Nonsalary compensation as a percentage of salary. 19 Nonsalary compensation shall include, but not be limited to, 20 medical benefits, life insurance benefits, pension benefits, 21 leave benefits, employer Social Security payments and workers' 22 compensation benefits. 23 (4) A statement of the university's retirement policies. 24 (5) A policy statement relating to a reduction of tuition 25 for employees' family members. 26 (6) A list of purchase of service contracts which exceed 27 $1,000 by category of service, including, but not limited to, 28 legal, instructional, management, accounting, architecture, 29 public relations and maintenance. The list shall contain the 30 name and address of the contractor, a statement of the nature of 20060H2507B4468 - 7 -
1 the duties of the contractor and the academic and administrative 2 support unit for which the duties are performed. If a purchase 3 of service contract exceeds 10% of the total aggregate 4 expenditure of the contract category per academic or 5 administrative support unit, then the contracted amount shall 6 also be listed. 7 (7) A list of purchase of goods contracts which exceed 8 $1,000. The list shall contain the name and address of the 9 contractor and a list of the goods purchased and the academic or 10 administrative support unit for which such goods were 11 contracted. If a purchase of goods contract exceeds 10% of the 12 total aggregate expenditure per academic or administrative 13 support unit, then the contracted amount shall also be listed. 14 (8) A list by academic or administrative support unit in the 15 aggregate, of the expenses of travel, subsistence and lodging, 16 whether provided or reimbursed. 17 (d) The university shall submit a report of the information 18 under subsections (b) and (c) to the Education Committee of the 19 Senate and the Appropriations Committee of the Senate and the 20 Education Committee of the House of Representatives and the 21 Appropriations Committee of the House of Representatives. In 22 addition, the university shall submit a copy of the report to 23 each of the following: 24 (1) Governor's Office. 25 (2) Secretary of Education. 26 (3) State Treasurer. 27 (4) Auditor General. 28 (5) Joint State Government Commission. 29 Each such institution shall maintain a copy of the report in the 30 institution's library and shall submit a copy to each of the 20060H2507B4468 - 8 -
1 four State regional library resource centers. 2 (e) A university's report required to be submitted under 3 this section shall be submitted within 180 days of the close of 4 the university's current fiscal year. 5 (f) The Joint State Government Commission shall develop a 6 statistical comparison analysis recognizing differences in 7 missions from the reports made under this section. A majority of 8 the members of the commission may request additional 9 documentation, except for salary or identity of individuals, 10 necessary to complete the comparative analysis. The comparison 11 shall be provided to the Education Committee of the Senate and 12 the Appropriations Committee of the Senate and the Education 13 Committee of the House of Representatives and the Appropriations 14 Committee of the House of Representatives and the four State 15 regional libraries. 16 (g) The university shall make a copy of the minutes of each 17 public meeting of the institution's board of trustees, as well 18 as a copy of the institution's integrated postsecondary 19 education data systems report, available for public inspection 20 in the institution's library. 21 Section 8. The Lincoln University shall provide full, 22 complete and accurate information as may be required by the 23 Department of Education or the chairman or the minority chairman 24 of the Appropriations Committee of the Senate or the chairman or 25 the minority chairman of the Appropriations Committee of the 26 House of Representatives. 27 Section 9. Lincoln University shall present and report its 28 financial statements required under the provisions of this act 29 in accordance with: the generally accepted accounting principles 30 as prescribed by the National Association of College and 20060H2507B4468 - 9 -
1 University Business Officers, the American Institute of 2 Certified Public Accountants, or their successors, or by any 3 other recognized authoritative body; the "Commonwealth of 4 Pennsylvania Budget Instructions for the State System of Higher 5 Education, State-Related Universities and Non-State-Related 6 Colleges and Universities"; and the financial reporting policies 7 and standards promulgated by the Commonwealth of Pennsylvania 8 and by the Federal Government that apply to Lincoln University. 9 Section 10. Lincoln University shall make all articulation 10 agreements with other higher education institutions available on 11 the Internet. 12 Section 11. This act shall take effect July 1, 2006, or 13 immediately, whichever is later. C10L84RZ/20060H2507B4468 - 10 -