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                                                      PRINTER'S NO. 3355

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2320 Session of 2008


        INTRODUCED BY D. EVANS, MARCH 10, 2008

        REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 10, 2008

                                  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 $13,993,000 or as much thereof as may
    23  be necessary, is hereby appropriated to the Trustees of Lincoln
    24  University, Chester County, for the fiscal year July 1, 2008, to
    25  June 30, 2009, for educational and general expenses.
    26     Section 2.  Payments to Lincoln University on account of the

     1  appropriation for the items provided in section 1 shall be made
     2  on the basis of costs during the fiscal year.
     3     Section 3.  (a)  Payments to Lincoln University of the
     4  appropriation provided in section 1 shall be made monthly during
     5  the fiscal year.
     6     (b)  Such monthly payments shall be made in accordance with
     7  the provisions of section 2 on the basis of estimated costs. The
     8  estimate of costs shall be submitted by Lincoln University to
     9  the Secretary of Education, the General Assembly and the State
    10  Treasurer not later than 30 days prior to the date on which such
    11  payment is to be made.
    12     Section 4.  (a)  Lincoln University shall apply the moneys
    13  appropriated by this act only for such purposes as are permitted
    14  in this act and shall at all times maintain proper records
    15  showing the application of such moneys. Not later than 120 days
    16  after the close of the fiscal year to which this act relates,
    17  Lincoln University shall file, with the Secretary of Education,
    18  the General Assembly and the Auditor General of the
    19  Commonwealth, a statement setting forth the amounts and purposes
    20  of all expenditures made from moneys appropriated by this act
    21  and costs, as provided in section 2, used as a basis for receipt
    22  of any appropriation during said fiscal year.
    23     (b)  Such statement of expenditures and costs shall be
    24  reviewed by the Auditor General of the Commonwealth, and he
    25  shall have the right, in respect to the moneys appropriated by
    26  this act, to audit and disallow expenditures made for purposes
    27  not permitted by this act and to cause such sums to be recovered
    28  and paid by Lincoln University to the State Treasurer. In
    29  respect to expenditures made by the university from moneys other
    30  than those appropriated by this act, the Auditor General shall
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     1  have the right to review only, and he shall file annually with
     2  the General Assembly such information concerning said
     3  expenditures as the General Assembly or any of its committees
     4  may require.
     5     Section 5.  A report shall be submitted to the Governor and
     6  the Appropriations and Education Committees of the Senate and
     7  House of Representatives and shall include data for all
     8  programs. The report, to be submitted prior to September 1,
     9  2009, shall cover the 12-month period beginning with the summer
    10  term 2008 and shall include:
    11     (1)  The following counts and distributions for each term
    12  during the period:
    13     (i)  The definitions and numbers of faculty members employed
    14  full time, of faculty members employed part time, of full-time
    15  students enrolled in graduate courses, of full-time students
    16  enrolled in undergraduate courses, of part-time students
    17  enrolled in graduate courses and of part-time students enrolled
    18  in undergraduate courses.
    19     (ii)  The total numbers of undergraduate student credit
    20  hours, divided into lower division and upper division course
    21  levels, and of graduate student credit hours, divided into three
    22  course levels--master's, first professional and doctoral.
    23     (iii)  The number of different courses scheduled by level of
    24  instruction and the number of sections of individual instruction
    25  scheduled by level of instruction, each further subdivided by
    26  two-digit Classification of Instructional Program (CIP)
    27  categories of instructional programs of higher education as
    28  defined by the National Center for Education Statistics, United
    29  States Department of Education.
    30     (iv)  The number of terms scheduled and the dates thereof.
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     1     (2)  For the summer term and the following academic year in
     2  total and for each two-digit CIP program category, a
     3  classification of faculty members or other professional
     4  employees by title, including: professor, associate professor,
     5  assistant professor, instructor, lecturer, research associate,
     6  librarian and academic administrator; faculty members or other
     7  professional employees under each title to be subdivided by type
     8  of assignment: teaching and nonteaching; and each such set of
     9  faculty members or other professional employees to be further
    10  subdivided by type of employment: full-time or part-time; and
    11  the following aggregates for each such subdivided
    12  classification:
    13     (i)  The number of faculty and other professional employees
    14  and their full-time equivalence in instructional and
    15  noninstructional functions.
    16     (ii)  The sum of credits assigned to undergraduate classroom
    17  courses and the sum of credits assigned to graduate classroom
    18  courses taught, divided into lower division, upper division,
    19  master's, first professional and doctoral course levels.
    20     (iii)  The sum of credits assigned to undergraduate
    21  individual instruction courses and the sum of credits assigned
    22  to graduate individual instruction courses taught, divided into
    23  lower division, upper division, master's, first professional and
    24  doctoral course levels.
    25     (iv)  The sum of undergraduate classroom student credit hours
    26  and the sum of graduate classroom student credit hours
    27  generated, divided into lower division, upper division,
    28  master's, first professional and doctoral course levels.
    29     (v)  The sum of undergraduate individual instruction student
    30  credit hours and the sum of graduate individual instruction
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     1  student credit hours generated, divided into lower division,
     2  upper division, master's, first professional and doctoral course
     3  levels.
     4     (vi)  The total salary paid for instructional functions and
     5  for noninstructional functions and the amount of this salary
     6  paid for each of these functions from university funds, Federal
     7  funds and other funds.
     8     (3)  For each term of the period covered for each faculty
     9  member employed full time identified by two-digit CIP program
    10  category and title, the report shall contain an analysis of the
    11  average hours per week spent in university-related activities,
    12  stating specifically hours spent in undergraduate classroom
    13  contact and graduate classroom contact, hours spent in
    14  preparation, hours spent in research and hours spent in public
    15  service.
    16     Section 6.  In addition to the requirements in section 5
    17  relative to this appropriation, the report covering the 12-month
    18  period beginning with the summer term 2008 shall include for all
    19  programs of the university:
    20     (1)  Minimum number of credits required for a baccalaureate
    21  degree and for a master's degree.
    22     (2)  Number of bachelor's degrees, master's degrees, first
    23  professional degrees and doctoral degrees awarded in 2004, 2005,
    24  2006, 2007, 2008 and estimated 2009.
    25     Section 7.  (a)  The following words and phrases when used in
    26  this section shall have the meanings given to them in this
    27  subsection unless the context clearly indicates otherwise:
    28     "Academic and administrative support units."  Any
    29  organizational entity, as defined in the organizational manual
    30  of the university, that reports directly to the president of the
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     1  university, chief academic officer or vice president, including
     2  the office of the president, chief academic officer and vice
     3  president.
     4     "Expenditures."  Disbursements or payments of State
     5  appropriations, tuition and fees supporting operational,
     6  educational or other general categories of expenses as defined
     7  in: the generally accepted accounting principles as prescribed
     8  by the National Association of College and University Business
     9  Officers, the American Institute of Certified Public
    10  Accountants, or by their successors, or by any other recognized
    11  authoritative body; the "Commonwealth of Pennsylvania Budget
    12  Instructions for the State System of Higher Education, State-
    13  Related Universities and Non-State-Related Colleges and
    14  Universities"; and the financial reporting policies and
    15  standards promulgated by the Commonwealth of Pennsylvania and by
    16  the Federal Government that apply to Lincoln University.
    17     "Revenue."  All State appropriations and tuition and fees.
    18     (b)  Lincoln University shall disclose the following:
    19     (1)  Revenue and expenditure budgets of the university's
    20  academic and administrative support units for the current fiscal
    21  year.
    22     (2)  The actual revenue and expenditures for the prior year
    23  in the same format as the information reported under paragraph
    24  (1).
    25     (3)  For any defined project or program which is the subject
    26  of a specific line item appropriation from the General Fund, the
    27  university shall disclose the following:
    28     (i)  Revenue and expenditure budgets of the defined program
    29  or project for the current fiscal year.
    30     (ii)  The actual revenue and expenditures of the defined
    20080H2320B3355                  - 6 -     

     1  program or project for the prior year in the same format as the
     2  information reported under paragraph (1).
     3     (4)  The revenue and expenditures of any auxiliary enterprise
     4  which is directly funded in whole or in part by tuition or a
     5  State appropriation for the current fiscal year.
     6     (c)  The university shall provide the following additional
     7  information for the prior fiscal year for each academic or
     8  administrative support unit, for each defined project or program
     9  and for any auxiliary enterprise:
    10     (1)  The number of employees by academic rank and by
    11  classification the number of administrators, staff, clerical and
    12  technical service employees.
    13     (2)  Median and mean salary by academic rank and by
    14  classification the median and mean salaries of administrators,
    15  staff, clerical and technical service employees.
    16     (3)  Nonsalary compensation as a percentage of salary.
    17  Nonsalary compensation shall include, but not be limited to,
    18  medical benefits, life insurance benefits, pension benefits,
    19  leave benefits, employer Social Security payments and workers'
    20  compensation benefits.
    21     (4)  A statement of the university's retirement policies.
    22     (5)  A policy statement relating to a reduction of tuition
    23  for employees' family members.
    24     (6)  A list of purchase of service contracts which exceed
    25  $1,000 by category of service, including, but not limited to,
    26  legal, instructional, management, accounting, architecture,
    27  public relations and maintenance. The list shall contain the
    28  name and address of the contractor, a statement of the nature of
    29  the duties of the contractor and the academic and administrative
    30  support unit for which the duties are performed. If a purchase
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     1  of service contract exceeds 10% of the total aggregate
     2  expenditure of the contract category per academic or
     3  administrative support unit, then the contracted amount shall
     4  also be listed.
     5     (7)  A list of purchase of goods contracts which exceed
     6  $1,000. The list shall contain the name and address of the
     7  contractor and a list of the goods purchased and the academic or
     8  administrative support unit for which such goods were
     9  contracted. If a purchase of goods contract exceeds 10% of the
    10  total aggregate expenditure per academic or administrative
    11  support unit, then the contracted amount shall also be listed.
    12     (8)  A list by academic or administrative support unit in the
    13  aggregate, of the expenses of travel, subsistence and lodging,
    14  whether provided or reimbursed.
    15     (d)  The university shall submit a report of the information
    16  under subsections (b) and (c) to the Education Committee of the
    17  Senate and the Appropriations Committee of the Senate and the
    18  Education Committee of the House of Representatives and the
    19  Appropriations Committee of the House of Representatives. In
    20  addition, the university shall submit a copy of the report to
    21  each of the following:
    22     (1)  Governor's Office.
    23     (2)  Secretary of Education.
    24     (3)  State Treasurer.
    25     (4)  Auditor General.
    26     (5)  Joint State Government Commission.
    27  Each such institution shall maintain a copy of the report in the
    28  institution's library and shall submit a copy to each of the
    29  four State regional library resource centers.
    30     (e)  A university's report required to be submitted under
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     1  this section shall be submitted within 180 days of the close of
     2  the university's current fiscal year.
     3     (f)  The Joint State Government Commission shall develop a
     4  statistical comparison analysis recognizing differences in
     5  missions from the reports made under this section. A majority of
     6  the members of the commission may request additional
     7  documentation, except for salary or identity of individuals,
     8  necessary to complete the comparative analysis. The comparison
     9  shall be provided to the Education Committee of the Senate and
    10  the Appropriations Committee of the Senate and the Education
    11  Committee of the House of Representatives and the Appropriations
    12  Committee of the House of Representatives and the four State
    13  regional libraries.
    14     (g)  The university shall make a copy of the minutes of each
    15  public meeting of the institution's board of trustees, as well
    16  as a copy of the institution's integrated postsecondary
    17  education data systems report, available for public inspection
    18  in the institution's library.
    19     Section 8.  The Lincoln University shall provide full,
    20  complete and accurate information as may be required by the
    21  Department of Education or the chairman or the minority chairman
    22  of the Appropriations Committee of the Senate or the chairman or
    23  the minority chairman of the Appropriations Committee of the
    24  House of Representatives.
    25     Section 9.  Lincoln University shall present and report its
    26  financial statements required under the provisions of this act
    27  in accordance with: the generally accepted accounting principles
    28  as prescribed by the National Association of College and
    29  University Business Officers, the American Institute of
    30  Certified Public Accountants, or their successors, or by any
    20080H2320B3355                  - 9 -     

     1  other recognized authoritative body; the "Commonwealth of
     2  Pennsylvania Budget Instructions for the State System of Higher
     3  Education, State-Related Universities and Non-State-Related
     4  Colleges and Universities"; and the financial reporting policies
     5  and standards promulgated by the Commonwealth of Pennsylvania
     6  and by the Federal Government that apply to Lincoln University.
     7     Section 10.  Lincoln University shall make all articulation
     8  agreements with other higher education institutions available on
     9  the Internet.
    10     Section 11.  This act shall take effect July 1, 2008, or
    11  immediately, whichever is later.













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