There is a body corporate and politic known as Morgan State University. The University is an instrumentality of the State and a public corporation. The University is an independent unit of State government. The exercise by the University of the powers conferred by this subtitle is the performance of an essential public function. Morgan State University: Has the responsibility, with other educational institutions, for providing higher education research and graduate study in the Baltimore area; Is designated as the State’s preeminent public urban research university with a mission of instruction, research, and service; Offers baccalaureate and graduate degrees in the arts and sciences; Emphasizes an education addressing urban concerns; Offers the professional and graduate programs approved by its Board of Regents and the Maryland Higher Education Commission; Shall be dedicated to the development and delivery of comprehensive and high–quality academic programs and services to its university community and the citizens of Maryland, particularly the citizens of the Baltimore region; and Shall serve a diverse citizenry in an innovative and collaborative manner, all the while exercising its responsibilities with uncompromising integrity through strong, but compassionate, leadership. In this subtitle the following words have the meanings indicated. “Board of Regents” means the Board of Regents of Morgan State University. “University” means Morgan State University.

Morgan State University may not be included in the University System of Maryland.

The government of the University is vested in the Board of Regents. The Board of Regents consists of 15 members appointed by the Governor with the advice and consent of the Senate. One member of the Board of Regents shall be a student in good academic standing at the University who: Is at least 18 years old; and Has the qualifications required to be student body president. The student member serves for a term of 1 year and until a successor is appointed and qualifies. The student may be a resident of a state other than Maryland, but the residency status of the student may not be considered in determining the number of resident or nonresident regents as provided for in subsection (d)(2) of this section. Except for the student member, each member serves for a term of 5 years and until a successor is appointed and qualifies. The terms are staggered as required by the terms of the members serving on December 31, 2012. Except as provided in subsubparagraph 2 of this subparagraph, a member may not serve more than two consecutive terms of 5 years. A member whose term is scheduled to expire on June 30, 2019, may serve up to three consecutive terms of 5 years. Except for the student member, no more than three members of the Board of Regents who are not alumni of Morgan State University may be residents of other states. A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies. Each member of the Board of Regents: Serves without compensation; and Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

Each year the Board of Regents: Shall elect one of its nonstudent members as its chairman; and May elect any other officer it requires. The Board of Regents shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings. A majority of the voting members shall constitute a quorum for the transaction of business. No formal action may be taken by the Board of Regents without the approval of a majority of the voting members of the Board of Regents.

In addition to any other powers granted and duties imposed by this subtitle, and subject to the provisions of Title 11 of this article and any other restrictions imposed by law by specific reference to the University or by any trust agreement involving a pledge of property or money, the Board of Regents: Is responsible for the management of the University and has all the powers, rights, and privileges that go with that responsibility, including the powers and duties set forth in this section; May not be superseded in its authority by any other State agency or office in managing the affairs of the University; and Shall have all the powers of a Maryland corporation which are not limited by law by specific reference to the University. In addition to the powers set forth elsewhere in this subtitle, the University may: Adopt and alter an official seal; Maintain an office at the place the Board of Regents may designate; Enter into contracts of any kind, and execute all instruments necessary or convenient with respect to its carrying out the powers in this subtitle to accomplish the purposes of the University; and In accordance with subsection (q)(6) of this section, acquire, hold, lease, use, encumber, transfer, exchange, or dispose of real and personal property. In addition to the powers set forth in Title 19 of this article and subject to the approval of the Board of Public Works, the University may borrow money from any source for any corporate purpose, including working capital for its operations, reserve funds or interest, and mortgage, pledge, or otherwise encumber the property or funds of the University, and contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of credit, or insurers. The Board of Regents may adopt rules and regulations not inconsistent with law for the government and management of the University. Subject to Title 3 of the General Provisions Article, the Board of Regents may adopt rules and regulations and prescribe policies and procedures for the management, maintenance, operation, and control of the University. Except with respect to classified employee grievance appeals, Title 10, Subtitles 1 and 2 of the State Government Article (“Administrative Procedure Act”) are not applicable to the Board of Regents. The Board of Regents may review or adopt policies and procedures of the University with respect to: Accreditation; Programs and functions; Actual and potential capabilities; Admissions; Curricula; Graduation; The awarding of degrees; and General policymaking. The Board of Regents may prepare and submit annual budgets and spend funds budgeted for nonsalary items on appropriate activities. Subject to any applicable State law, rule, or regulation, the Board of Regents may contract with any person to receive or provide services, research, training, or demonstrations. On the recommendation of the President, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general standards and guidelines governing the appointment, compensation, advancement, tenure, and termination of all faculty, executive staff, and professional administrative personnel in the University. Subject to such standards and guidelines, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the President may: Adopt additional personnel policies, including consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed; and Approve individual personnel actions affecting the terms and conditions of academic and administrative appointments. Except as otherwise provided by law, appointments of the University are not subject to or controlled by the provisions of the State Personnel and Pensions Article that govern the State Personnel Management System. Notwithstanding any other provision of law, the Board of Regents may create any position to the extent that the cost of the position, including any fringe benefit costs, is funded from existing funds. Nothing in this paragraph may be construed to require any additional State General Fund support. By September 1 of each year, the Board of Regents shall submit an annual position accountability report to the Department of Budget and Management, the Department of Legislative Services, and the Maryland Higher Education Commission reporting the total positions created and the cost and the funding source for any positions created by the University in the previous fiscal year. On the recommendation of the President, the Board of Regents shall designate one or more representatives to participate as a party in collective bargaining on behalf of the University in accordance with Title 3 of the State Personnel and Pensions Article. In accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general policies and guidelines governing the appointment, compensation, advancement, tenure, and termination of all classified personnel. The Board of Regents shall: Fix tuition and other fees paid by resident and nonresident students; Except for tuition, use the receipts of the fees for the purpose for which they were collected without fiscal year limitation; Review and approve before implementation each proposal for: Any new program; and Any substantial expansion, curtailment, or discontinuance of any existing program; and Review, modify as it deems necessary, and approve any operating or capital budget requests. The Board of Regents shall appoint a President of the University who shall be the Chief Executive Officer of the University and the Chief of Staff for the Board of Regents. The President serves at the pleasure of the Board of Regents. The President shall: Be responsible and accountable to the Board of Regents for the discipline and successful conduct of the University and supervision of each of its departments; and Take every initiative in: Implementing the policies of the Board of Regents; and Promoting the University’s development and efficiency. Subject to the authority and applicable policies of the Board of Regents, the President shall: Develop a plan of institutional mission, goals, and priorities; Have the authority to develop new academic programs and curtail or eliminate existing programs; Formulate operating and capital budget requests; Appoint, promote, fix salaries, grant tenure, assign duties, and terminate personnel; Establish admissions standards; Set tuition and fees; Administer financial aid; Enter into contracts and cooperative agreements; Have the authority to accept gifts and grants and maintain and manage endowment income; Have the authority to recommend a change in the name or status of the institution; Regulate and administer athletic and student activities; In compliance with State, federal, and Board of Regents mandates and policies, oversee affirmative action and equal employment opportunities; Establish organizations for the administration of campus alumni affairs; Establish traffic regulations for the campus; and Perform any other duties assigned by the Board of Regents. The President may delegate authority to appoint and remove personnel to the vice presidents and program directors of the University. The Board of Regents may apply for, accept, and spend any gift or grant from the federal government, any foundation, or any other person. Any gift or grant the Board of Regents accepts shall be deposited with the State Treasurer in a nonbudgeted account and may be invested as the Board of Regents directs in accordance with law. The Board of Regents may perform any other duty necessary to carry out its powers. The President shall develop an overall plan that is consistent with the statewide plan for higher education and the Charter that: Sets forth both long–range and short–range goals, objectives, and priorities for postsecondary education, research, and service provided by the University; Subject to § 11–105 of this article, identifies the role, function, and mission of the University; Provides for the enhancement of the University as the State’s preeminent public urban research university; Encourages and supports high quality undergraduate and graduate programs on its campuses; and Stimulates outreach to the community and State through close relationships with public elementary and secondary schools, business and industry, and governmental agencies. The Board of Regents shall review, modify as it deems necessary, and approve the plan. By July 1 of each year, the Board of Regents shall submit to the Maryland Higher Education Commission, to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual review of the plan. Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, the University shall use the statewide Financial Management Information System administered by the Department of Budget and Management as its accounting, budgeting, personnel, and payroll systems. The University may use an internal financial management information system software program and State–approved interfaces for its accounting, budgeting, personnel, and payroll systems. The Legislative Auditor shall audit all expenditures and accounts of the University in accordance with §§ 2–1220 through 2–1227 of the State Government Article. The Board of Regents: Has the power to sue or be sued; and May carry comprehensive liability insurance to protect the Board of Regents, its agents, and employees. The determination whether to purchase insurance, and its scope and limitations, shall be within the Board of Regents’ discretion, taking into account commercial availability and affordability and the existence and extent of insurance secured by the State Treasurer. Title 12, Subtitle 1 of the State Government Article (“Maryland Tort Claims Act”) applies to claims or actions against the University, the Board of Regents, and employees of the University. Subject to all exclusions and limitations in that subtitle, the immunity of the University is waived to the extent of any insurance coverage purchased under this subsection. This subsection may not be construed to waive or abrogate sovereign immunity with respect to any claim that is not covered by or exceeds the limits of an insurance policy. This subsection may not be construed to waive or abrogate the immunity of the University under the Eleventh Amendment to the United States Constitution. Subject to the approval of the Board of Public Works, the Board of Regents may acquire, lease, encumber, sell, or otherwise dispose of real property held by the State for the use of the University. The Board of Regents may acquire, lease, encumber, sell, or otherwise dispose of personal property. All property of the University is the property of the State. Except as provided in subsection (k)(1) of this section, the Board of Regents may delegate any part of its authority over the affairs of the University to the President. The Board of Regents may modify or rescind at any time in whole or in part any delegation of authority granted by it to the President.

In this section, “high impact economic development activity” means an initiative, transaction, or other undertaking by Morgan State University to create or facilitate: 20 or more new jobs in the State; The award or completion of at least $1,000,000 in externally funded research or other projects; The establishment or relocation of one or more new companies to be registered or incorporated in the State and doing business in the State; The production of at least $1,000,000 of annual gross revenue; The licensing and potential commercialization of a promising new technology or other product; or An academic program to meet workforce demand in a documented labor shortage field. To promote the economic interests of the State as mandated in §§ 10–205(c) and 15–107 of this article, the Morgan State University shall utilize its powers as a public corporation established in § 14–104 of this subtitle to undertake high impact economic development activities that support: Job creation and workforce development; Technology transfer, commercialization, and entrepreneurship; and Increased sponsored research funding and other revenues. In order for an activity to qualify as a high impact economic development activity: The President or the President’s designee shall certify that the activity meets the criteria defined in subsection (a) of this section; and The President or the President’s designee shall notify the Board of Regents and the Board of Public Works of any certified activity for review. Notwithstanding any other provision of law, for any high impact economic activity within the scope of § 5–310 or § 10–305 of the State Finance and Procurement Article, the Board of Regents shall be fully responsible for administering the review and comment process prescribed in those sections. In administering the review and comment process prescribed in §§ 5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall include in the process the appropriate legislative committees and units of State government, which may include: Committees of the General Assembly; The Board of Public Works; The Maryland Historical Trust; The Department of Planning; The Department of the Environment; and The Department of Natural Resources. The Board of Regents shall adopt policies and procedures to ensure that the notice and opportunity for review are conducted in a manner that provides a reasonable period to complete while not impairing the institution’s capacity for the expeditious and successful pursuit of a high impact economic development activity. On or before October 1 of each year, the Board of Regents shall report to the Board of Public Works and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Economic Matters Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee on the high impact economic development activities undertaken under this section during the preceding fiscal year.

The interest or other income from the investment of any funds of the University shall be credited to the University, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support.

There is a Morgan State University Police Force. A University police officer has the powers granted to a peace and police officer. However, a University police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of the University. The police officer may not exercise these powers on any other property unless: Engaged in fresh pursuit of a suspected offender; Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the University; or Ordered to do so by the Governor. In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Board of Regents shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for the University police officers, including standards for the performance of their duties. To the extent practicable, the Board of Regents shall adopt standards that are similar to the standards adopted for the Department of State Police. Standards adopted on or after July 1, 1976, on minimum hiring qualifications of the University police officers may not affect the status of any individual who was a qualified University police officer on that date. The Board of Regents shall adopt rules and regulations governing the operation and conduct of the Morgan State University Police Force and of University police officers.

In this section the following words have the meanings indicated. “Institution” means Morgan State University. “Senior citizen” means any resident of this State who is: 60 years of age or older; Retired and whose chief income is derived from retirement benefits; and Not employed full time. “Tuition” means the basic instructional charge for undergraduate courses and does not pertain to self–supporting programs or include fees, such as those for registration, application, or laboratory work. Except as provided in subsection (c) of this section, an institution shall admit a senior citizen to any scheduled course and waive the tuition involved: Only when regularly scheduled course space is available; For any credit or noncredit course; and For as many as 3 courses per term. An institution may not: Allow a senior citizen to enroll in a degree granting program, unless the senior citizen meets the admission standards of the institution; or Permit the full–time equivalent enrollment of senior citizens for whom tuition has been waived to exceed 2 percent of its undergraduate full–time equivalent enrollment. At the termination of each semester, the institution shall furnish to its governing board a statement of the number of senior citizens participating under the provisions of this section. This section does not prohibit an institution from offering senior citizens educational opportunities free of charge beyond these minimum requirements.

The University may establish a distinguished scholar position at the University known as the Clarence W. Blount Chair of Public Policy and Urban Politics. The purpose of the distinguished scholar position is to teach, conduct research, and perform community service in public policy and urban politics at the University. The President of the University may: Select and appoint a distinguished scholar to fill the Clarence W. Blount Chair for a term of not more than 2 years; Establish an annual salary of $100,000 per year for the distinguished scholar position; and Establish the employment contract terms and conditions for the distinguished scholar position. The University may fund the costs associated with the position authorized under subsection (a) of this section with State matching funds provided under the private donation incentive program established in § 17-302 of this article.

In this section the following words have the meanings indicated. “Computer-based instructional technology” has the meaning stated in § 12-101 of this article. “Technology” has the meaning stated in § 12-101 of this article. Except as provided in § 11-203(e) of the State Finance and Procurement Article, the University is exempt from Division II of the State Finance and Procurement Article. Subject to review and approval by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly, the Board of Regents shall develop policies and procedures governing procurements by the University. The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of the State procurement law as set forth in § 11-201 of the State Finance and Procurement Article. The Board of Regents shall develop an information technology plan for the University that includes information technology policies and standards, including policies and standards for information management and telecommunication systems, that are functionally compatible with the State Information Technology Plan established under Title 3, Subtitle 4 of the State Finance and Procurement Article. By January 1, 2007, the Board of Regents shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology. The nonvisual access clause developed under subsection (d) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of § 3-412 of the State Finance and Procurement Article.

Consistent with § 15–107 of this article and any other applicable law, the Board of Regents may establish, invest in, finance, and operate businesses or business entities when the Board of Regents finds that doing so would further one or more goals of the University and is related to the mission of the University. A business entity established, invested in, financed, or operated in accordance with this section may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose. A financial obligation or liability of a business entity established, invested in, financed, or operated in accordance with this section may not be a debt or obligation of the State or the University. Subject to the requirements of this section, the University may establish, invest in, finance, or operate a corporation, foundation, consortium, or other entity that is intended to support a high impact economic development activity, as defined in § 14–104.1 of this subtitle. Notwithstanding the provisions of §§ 5–501 through 5–504 of the General Provisions Article and subject to § 5–525 of the General Provisions Article, an official or employee of a public institution of higher education may be a director, official, or employee of an entity intended to support a high impact economic development activity, if the individual’s participation advances the interests of the University. Division II of the State Finance and Procurement Article does not apply to transactions between an entity established, financed, or operated under this subsection and the University that established, financed, or operated the entity. The Board of Regents shall adopt policies and procedures governing the establishment of high impact economic development entities to ensure that the University’s participation in the entity furthers the interests of the University and the State. The policies and procedures under subparagraph (i) of this paragraph shall include requirements for: Recognition of the entity by the Board of Regents; An annual audit of the entity by an independent certified public accountant; and Adequate safeguards with regard to conflicts of interest, proper contracting practices, and other fundamental ethical and business practice standards. The Board of Regents shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, an annual report on: The business entities established in accordance with this section; Funds invested in, and financing provided to, business entities established in accordance with this section; Ownership interests in any business entities established in accordance with this section; and The current status of the business entities.

The Center for Equitable Artificial Intelligence and Machine Learning Systems at the University shall serve as a statewide resource and coordinating hub to support State agencies on the productive, secure, and ethical use of artificial intelligence in the State. On or before December 1 each year, the Governor’s Artificial Intelligence Subcabinet established under § 3.5–806 of the State Finance and Procurement Article may request that the Center for Equitable Artificial Intelligence and Machine Learning Systems complete a research request that the Center shall coordinate and lead, collaborating with others as needed. The Center for Equitable Artificial Intelligence and Machine Learning Systems shall: Coordinate and lead the research; Collaborate with other entities as needed; Summarize the research conducted; and Summarize any conclusions or recommendations resulting from the research. On or before December 1 of the year following the research request, the Center for Equitable Artificial Intelligence and Machine Learning Systems shall submit a report that contains the information listed under paragraph (2) of this subsection to: The Governor’s Artificial Intelligence Subcabinet established under § 3.5–806 of the State Finance and Procurement Article; and In accordance with § 2–1257 of the State Government Article, the Joint Committee on Cybersecurity, Information Technology, and Biotechnology established under § 2–10A–13 of the State Government Article.