<section article="ged" article_name="Education" number="16-101" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>There is a board of community college trustees in each county that has one or more community colleges.</text> </level> <level label="b"> <level label="1"> <text>The governing body of any county that does not have a community college may request permission to establish one from the Maryland Higher Education Commission.</text> </level> <level label="2"> <text>On recommendation of the Commission, the Governor shall appoint a board of community college trustees for that county.</text> </level> </level> <level label="c"> <text>Except as provided in Subtitle 4 of this title, each board is composed of seven members appointed by the Governor, with the advice and consent of the Senate.</text> </level> <level label="d"> <level label="1"> <text>Except as provided in Subtitle 4 of this title, each member serves for a term of 6 years from July 1 of the year the appointment is made and until a successor is appointed and qualifies. These terms are staggered, and of the initial appointments to a board, five shall be for terms of 1 to 5 years respectively, and two shall be for terms of 6 years.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>A member may be reappointed.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-102" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>Each board of trustees:</text> <level label="1"> <text>Shall elect one of its members as its chair;</text> </level> <level label="2"> <text>Except as provided in § 16–105(g) of this subtitle, shall choose the president of one of the county community colleges to serve as secretary–treasurer of the board; and</text> </level> <level label="3"> <text>May elect any other officer it requires.</text> </level> </level> <level label="b"> <text>Each board shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.</text> </level> </section> <section article="ged" article_name="Education" number="16-103" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Maryland Higher Education Commission, each board of community college trustees has the powers and duties set forth in this section.</text> </level> <level label="b"> <text>With the approval of the Maryland Higher Education Commission, each board of trustees may establish and operate one or more community colleges.</text> </level> <level label="c"> <text>Each board of trustees shall exercise general control over the community college, keep separate records and minutes, and adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle.</text> </level> <level label="d"> <text>Each board of trustees may fix the salaries and tenure of the president, faculty, and other employees of the community college.</text> </level> <level label="e"> <text>Each board of trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the community college.</text> </level> <level label="f"> <level label="1"> <text>Each board of trustees may sell, lease, or otherwise dispose of community college assets or property.</text> </level> <level label="2"> <text>Except as provided in § 16–105(h) of this subtitle, the president of the community college and the chair of the board of trustees may execute a conveyance or other legal document under an appropriate resolution of the board.</text> </level> </level> <level label="g"> <text>Each board of trustees may:</text> <level label="1"> <text>With the approval of the Commission, permit the county board of education to use the lands, buildings, or other facilities of the community college; and</text> </level> <level label="2"> <text>With the approval of the county board of education, use any land, buildings, assets, or other facilities of the county board of education.</text> </level> </level> <level label="h"> <text>Each board of trustees may apply for and accept any gift or grant from the federal government or any other person.</text> </level> <level label="i"> <text>Subject to the minimum standards of the Commission, each board of trustees may determine entrance requirements and approve offerings that consist of:</text> <level label="1"> <text>Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program;</text> </level> <level label="2"> <text>Career programs offering technical, vocational, and semiprofessional education; and</text> </level> <level label="3"> <text>Continuing education programs.</text> </level> </level> <level label="j"> <text>Each board of trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified individuals at low cost.</text> </level> <level label="k"> <text>Each board of trustees may sue and be sued.</text> </level> <level label="l"> <text>Each board of trustees may make agreements with the federal government or any other person, including agreements between counties to support a regional community college, if the board considers the agreement advisable for the establishment or operation of the community college.</text> </level> <level label="m"> <text>Except as provided in § 16-105(i) of this subtitle, each board of trustees shall be styled “the board of trustees of ................. community (or junior) college”.</text> </level> <level label="n"> <text>Each board of trustees may adopt a corporate seal.</text> </level> </section> <section article="ged" article_name="Education" number="16-104" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>Except as provided in § 16–105 of this subtitle, each board of trustees shall appoint a president of each community college under its jurisdiction.</text> </level> <level label="b"> <text>The president:</text> <level label="1"> <text>Shall report directly to the board of trustees;</text> </level> <level label="2"> <text>Shall recommend the appointment by the board of qualified faculty members and other employees necessary for the efficient administration of the community college;</text> </level> <level label="3"> <text>Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;</text> </level> <level label="4"> <text>Is responsible for the conduct of the community college and for the administration and supervision of its departments; and</text> </level> <level label="5"> <text>Shall attend all meetings of the board, except those involving the president’s personal position as president.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-105" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>Notwithstanding the provisions of § 16-104 of this subtitle, the provisions of this section shall apply only in Baltimore County.</text> </level> <level label="b"> <text>There is a Community College of Baltimore County consisting of the following three campuses:</text> <level label="1"> <text>The Catonsville Campus;</text> </level> <level label="2"> <text>The Dundalk Campus; and</text> </level> <level label="3"> <text>The Essex Campus.</text> </level> </level> <level label="c"> <text>The Board of Trustees for Baltimore County shall appoint a President of the Community College of Baltimore County who shall serve at the pleasure of the Board.</text> </level> <level label="d"> <text>The President:</text> <level label="1"> <text>Shall report directly to the Board of Trustees;</text> </level> <level label="2"> <text>Shall recommend the appointment by the Board of qualified faculty members and other employees necessary for the efficient administration of the Community College of Baltimore County;</text> </level> <level label="3"> <text>Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;</text> </level> <level label="4"> <text>Is responsible for the administration and supervision of the administrators, employees, and departments of the campuses of the Community College of Baltimore County in accordance with the policy manual of the Community College of Baltimore County as adopted from time to time by the Board of Trustees; and</text> </level> <level label="5"> <text>Shall attend all meetings of the Board, except those involving the President’s personal position.</text> </level> </level> <level label="e"> <text>Upon the recommendation of the President, the Board of Trustees may appoint a vice president, provost, and administrator of each campus under its jurisdiction.</text> </level> <level label="f"> <text>The vice presidents, provosts, and administrators of each campus shall report directly to the President.</text> </level> <level label="g"> <text>Notwithstanding the provisions of § 16-102(a)(2) of this subtitle, the Board of Trustees may choose the President to serve as Secretary-Treasurer of the Board.</text> </level> <level label="h"> <level label="1"> <text>Notwithstanding the provisions of § 16-103(f)(2) of this subtitle, the Board of Trustees may, by resolution, authorize the President to sign legal documents on behalf of the Board of Trustees including documents related to the disposition of assets or property of the community college.</text> </level> <level label="2"> <text>The resolution may:</text> <level label="i"> <text>Authorize the President to delegate the authority given to the President under paragraph (1) of this subsection to designees that the Board of Trustees considers appropriate; and</text> </level> <level label="ii"> <text>Limit the type of legal documents that the President may delegate to a designee for signature.</text> </level> </level> </level> <level label="i"> <text>Notwithstanding the provisions of § 16-103(m) of this subtitle, the Board of Trustees shall be styled “the Board of Trustees of the Community College of Baltimore County”.</text> </level> </section> <section article="ged" article_name="Education" number="16-106" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>Any full–time classified employee of a community college who enrolls, during his nonworking hours, in any class at the community college that has at least 10 regularly enrolled students:</text> <level label="1"> <text>Is exempt from payment of tuition; and</text> </level> <level label="2"> <text>May not be counted in computing full–time equivalent enrollment at the community college under § 16–305 of this title.</text> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>In this subsection, “tuition” means the basic instructional charge for courses offered at a community college.</text> </level> <level label="ii"> <text>“Tuition” does not include:</text> <level label="1"> <text>Any fees or costs associated with a self–supporting program; or</text> </level> <level label="2"> <text>Any fees for:</text> </level> <level label="A"> <text>Registration;</text> </level> <level label="B"> <text>Application;</text> </level> <level label="C"> <text>Administration; or</text> </level> <level label="D"> <text>Laboratory work.</text> </level> </level> </level> <level label="2"> <text>Except as provided in paragraph (3) of this subsection, any resident of this State who is 60 years old or older and who enrolls in any class, which is eligible under § 16–305 of this title for State support, at the community college:</text> <level label="i"> <text>Shall be exempt from payment of tuition; and</text> </level> <level label="ii"> <text>Shall be counted in computing full–time equivalent enrollment under § 16–305 of this title if enrolled in any class that is eligible for State support.</text> </level> </level> <level label="3"> <text>A community college is required to waive the tuition for a course for senior citizens under this subsection only when course space is available.</text> </level> <level label="4"> <text>This subsection may not be construed to prohibit a community college board of trustees from offering senior citizens other educational opportunities free of charge, provided that the senior citizen is not counted in computing full–time equivalent enrollment for the purpose of receiving State support.</text> </level> </level> <level label="c"> <level label="1"> <text>Any resident of this State who is out of the work force by reason of total and permanent disability who enrolls at a community college in a class that has at least 10 regularly enrolled students:</text> <level label="i"> <text>Is exempt from payment of tuition:</text> <level label="1"> <text>For up to 6 credits per semester or up to 12 credits per semester if the individual is enrolled in classes as part of a degree or a certificate program designed to lead to employment; or</text> </level> <level label="2"> <text>For continuing education instruction designed to lead to employment, including life skills instruction; and</text> </level> </level> <level label="ii"> <text>Shall be counted in computing full–time equivalent enrollment under § 16–305 of this title.</text> </level> </level> <level label="2"> <text>In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection shall provide the community college with certification from the Social Security Administration, the Railroad Retirement Board, or in the case of a former federal employee, from the individual’s federal retirement or pension authority of the individual’s:</text> <level label="i"> <text>Total and permanent disability; and</text> </level> <level label="ii"> <text>Receipt of disability or retirement benefits based on a standard that is at least as stringent as the standard applied by the Social Security Act.</text> </level> </level> <level label="3"> <text>Certification from the Social Security Administration of an individual’s receipt of disability or retirement benefits under either Title II or Title XVI of the federal Social Security Act shall satisfy the requirement in paragraph (2)(ii) of this subsection.</text> </level> <level label="4"> <level label="i"> <text>In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection and is enrolled in a degree or certificate program shall submit a timely application for any State or federal student financial aid, other than a student loan, for which the student may qualify.</text> </level> <level label="ii"> <text>Any student financial aid, other than a student loan, received by the student shall be applied first to pay the student’s tuition.</text> </level> <level label="iii"> <text>Under this exemption, the waiver shall apply to the difference, if any, between the charge for tuition and the financial aid award, not including a student loan, that the student receives.</text> </level> <level label="iv"> <text>On request, the community college shall assist any individual required to submit an application for State or federal student financial aid under this paragraph.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="16-107" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>Each board of trustees may carry comprehensive liability insurance to protect the board, its agents and employees, and the agents and employees of any community college under its jurisdiction. The purchase of the insurance is for an educational purpose and is a valid educational expense.</text> </level> <level label="b"> <text>The Commission may adopt standards for the policies, including a minimum liability coverage which may not be less than $100,000 per occurrence. Any policy purchased after the adoption of these standards shall conform to them.</text> </level> <level label="c"> <text>Each board of trustees complies with this section if it is self–insured, for at least $100,000 and not more than $500,000 per occurrence, under the rules and regulations of the State Insurance Commissioner.</text> </level> <level label="d"> <text>This section does not prevent any board of trustees, on its own behalf, from raising the defense of sovereign immunity described under § 5–519 of the Courts Article.</text> </level> </section> <section article="ged" article_name="Education" number="16-108" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <level label="1"> <text>A board of trustees may submit to the Commission a request for proposals for the offering of a baccalaureate degree program not currently offered in the region.</text> </level> <level label="2"> <text>The Commission shall distribute the request for proposals to public senior higher education institutions and private nonprofit institutions of higher education.</text> </level> </level> <level label="b"> <text>Before submitting a request for proposals under subsection (a) of this section, the board of trustees shall:</text> <level label="1"> <text>Seek input from students, workforce development councils, and other civic, educational, community, and business groups when assessing the educational needs of the region;</text> </level> <level label="2"> <text>Determine the regional or statewide need for graduates of each program for which a request for proposals is submitted;</text> </level> <level label="3"> <text>Identify the enrollment patterns, special characteristics of students, and other unique circumstances that would require a program to be offered in a particular manner; and</text> </level> <level label="4"> <text>Determine that the degree program is necessary to meet the academic and economic development needs of the region or State.</text> </level> </level> <level label="c"> <level label="1"> <text>The board of trustees may submit the request for proposals to out–of–state senior higher education institutions and for–profit institutions of higher education if none of the senior higher education institutions in the State submit an acceptable response to the request for proposals submitted under subsection (a) of this section.</text> </level> <level label="2"> <text>Notwithstanding § 11–206(b)(2)(ii) of this article, before offering a degree program that is the subject of the request for proposals, an out–of–state senior higher education institution or for–profit institution of higher education shall seek the approval of the Commission under Title 11, Subtitle 2 of this article.</text> </level> </level> <level label="d"> <text>The Commission shall adopt regulations to implement the requirements of this section.</text> </level> </section> <section article="ged" article_name="Education" number="16-109" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <text>Each community college shall:</text> <level label="1"> <text>Ensure all student advisors are trained on the unique needs and resources available for students who are:</text> <level label="i"> <text>Veterans; or</text> </level> <level label="ii"> <text>Spouses of veterans;</text> </level> </level> <level label="2"> <text>Employ at least one employee who, as a component of the employee’s job duties and responsibilities, provides comprehensive and intensive enrollment and advising services to current and prospective students who are:</text> <level label="i"> <text>Veterans; or</text> </level> <level label="ii"> <text>Spouses of veterans; and</text> </level> </level> <level label="3"> <text>Establish a veterans resource center on campus to:</text> <level label="i"> <text>Provide access to federal and State veterans and spouses of veterans resources;</text> </level> <level label="ii"> <text>Serve as a quiet place for veterans and spouses of veterans to study;</text> </level> <level label="iii"> <text>Enable veterans and spouses of veterans to connect to other veterans and spouses of veterans, helping them renew the bonds of service; and</text> </level> <level label="iv"> <text>Be the central hub for all activities on campus related to veterans and spouses of veterans.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-110" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>In this section, “student athlete” means a student enrolled at a community college who participates in an intercollegiate athletic program at the community college.</text> </level> <level label="b"> <level label="1"> <text>The board of community college trustees at a community college shall allow a student athlete to modify the athletic or team uniform of the student athlete in a manner that makes the student athlete’s attire more modest to conform to:</text> <level label="i"> <text>The requirements or preferences of the student athlete’s religion or culture; or</text> </level> <level label="ii"> <text>The student athlete’s own preferences for modesty.</text> </level> </level> <level label="2"> <text>A student athlete may not be required to receive approval from a coach, an administrator, or the board of community college trustees before making the uniform modification.</text> </level> </level> <level label="c"> <level label="1"> <text>A modification to an athletic or team uniform may include the wearing of:</text> <level label="i"> <text>A head covering worn for religious reasons, including a Muslim hijab, Jewish kippah, or Sikh dastar;</text> </level> <level label="ii"> <text>An undershirt; or</text> </level> <level label="iii"> <text>Leggings.</text> </level> </level> <level label="2"> <text>A modification to an athletic or team uniform may not:</text> <level label="i"> <text>Interfere with the movement of the student athlete; or</text> </level> <level label="ii"> <text>Pose a safety hazard to the student athlete, other student athletes, or others.</text> </level> </level> <level label="3"> <text>A student athlete may modify the uniform headgear if the modified headgear:</text> <level label="i"> <text>Is black, white, the predominant color of the uniform, or the same color as that worn by all players on the team;</text> </level> <level label="ii"> <text>Does not cover any part of the face, unless required for the safety of the wearer;</text> </level> <level label="iii"> <text>Is not dangerous to the student athlete, other student athletes, or others;</text> </level> <level label="iv"> <text>Does not have opening or closing elements around the face or neck; and</text> </level> <level label="v"> <text>Does not have parts protruding from its surface.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>A student athlete is responsible for all costs associated with the modification of the student athlete’s athletic or team uniform under this section.</text> </level> <level label="2"> <text>This subsection may not be construed to prohibit a community college from providing the uniform modification to the student.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-111" title_number="16" title_name="Community Colleges" subtitle_number="1" subtitle_name="Organization and Government of Community Colleges"> <level label="a"> <text>In this section, “over–the–counter contraception” means a contraceptive drug or device approved by the federal Food and Drug Administration that can be obtained for use without a prescription.</text> </level> <level label="b"> <level label="1"> <text>On or before August 1, 2025, each community college, in consultation with students and student organizations, shall develop and implement a plan to provide students with access to all methods of over–the–counter contraception.</text> </level> <level label="2"> <text>The plan under paragraph (1) of this subsection shall include access to over–the–counter contraception through:</text> <level label="i"> <text>The student health center;</text> </level> <level label="ii"> <text>Retail establishments on campus;</text> </level> <level label="iii"> <text>Vending machines; or</text> </level> <level label="iv"> <text>Any other method that provides all students access when on campus.</text> </level> </level> </level> <level label="c"> <text>The Maryland Department of Health, on request, may provide assistance to a community college in:</text> <level label="1"> <text>Developing a plan under this section; and</text> </level> <level label="2"> <text>Consulting and collaborating with organizations with expertise in providing access to over–the–counter contraception through vending machines.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-201" title_number="16" title_name="Community Colleges" subtitle_number="2" subtitle_name="Regional Community Colleges"> <text>The provisions of this title apply to any regional community college, unless the context requires otherwise.</text> </section> <section article="ged" article_name="Education" number="16-202" title_number="16" title_name="Community Colleges" subtitle_number="2" subtitle_name="Regional Community Colleges"> <level label="a"> <level label="1"> <text>Two or more counties may agree to establish a region and to support a regional community college.</text> </level> <level label="2"> <text>The Commission may authorize a regional community college for the region.</text> </level> </level> <level label="b"> <level label="1"> <text>In this subsection, “county board of community college trustees” means:</text> <level label="i"> <text>The board of community college trustees, if any; or</text> </level> <level label="ii"> <text>The county board of education in any county that does not have a board of community college trustees.</text> </level> </level> <level label="2"> <text>Except as otherwise provided in this subsection, the county boards of community college trustees for each county in a region constitute the board of regional community college trustees.</text> </level> <level label="3"> <text>If the counties in a region have different numbers of members on their county board of community college trustees, each county board of community college trustees shall elect, to serve as regional community college trustees, the number of its members equal to the number of members on the smallest board of community college trustees in the region.</text> </level> <level label="4"> <text>A board of regional community college trustees:</text> <level label="i"> <text>May not have more than 12 members; and</text> </level> <level label="ii"> <text>Shall have an equal number of members from each county in the region.</text> </level> </level> <level label="5"> <text>If requested to do so by a county government, the Governor shall appoint the regional community college trustees from that county.</text> </level> <level label="6"> <text>The county superintendent of each county in the region is, ex officio, a member of the board of regional community college trustees, and shall attend meetings but may not vote.</text> </level> <level label="7"> <text>Each board of regional community college trustees shall:</text> <level label="i"> <text>Elect one of its members as its chair;</text> </level> <level label="ii"> <text>Designate the president of the regional community college as its secretary–treasurer; and</text> </level> <level label="iii"> <text>Determine the time and place of its meetings and may adopt rules for the conduct of its meetings.</text> </level> </level> </level> <level label="c"> <text>Any board of regional community college trustees established under subsection (b) of this section may request the Governor to appoint a new board.</text> </level> <level label="d"> <level label="1"> <text>After a request is made, the Governor, with the advice and consent of the Senate, shall appoint seven individuals to the new board.</text> </level> <level label="2"> <text>The initial members shall be appointed as provided in § 16-101 of this title.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-203" title_number="16" title_name="Community Colleges" subtitle_number="2" subtitle_name="Regional Community Colleges"> <level label="a"> <text>The Commission shall determine and certify the amount that each county that supports a regional community college shall pay as its share of the “county share” required by § 16–305 of this title. The amount shall be determined by applying to the total county share the ratio that the number of full–time equivalent students from the county who attend the regional community college bears to the total number of full–time students who attend the regional community college from all counties that support the regional community college.</text> </level> <level label="b"> <text>Each county that supports a regional community college shall bear as its share of any borrowing for the regional community college the amount that results from applying to the total amount of the borrowing the ratio that the county’s population, as determined by the Maryland Department of Health, bears to the total population of all the counties that support the regional community college.</text> </level> </section> <section article="ged" article_name="Education" number="16-301" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>Each year, the board of trustees and the president of each community college shall prepare and submit to the county governing body or, in the case of a regional community college, the county governing body of each county that supports the regional community college:</text> <level label="1"> <text>An operating budget;</text> </level> <level label="2"> <text>A capital budget; and</text> </level> <level label="3"> <text>If required by local law, charter, or regulation, a long-term capital improvement program.</text> </level> </level> <level label="b"> <text>The operating budget shall show:</text> <level label="1"> <text>All revenues estimated for the next fiscal year classified by funds and sources of income, including:</text> <level label="i"> <text>Any funds from federal, State, and local sources; and</text> </level> <level label="ii"> <text>Any surpluses;</text> </level> </level> <level label="2"> <text>All expenditures requested, including the major functions listed under § 16-304(b); and</text> </level> <level label="3"> <text>Any other information or supporting data required by the county governing body.</text> </level> </level> <level label="c"> <text>The capital budget and any long-term capital improvement program shall contain a statement of all capital revenues and expenditures.</text> </level> <level label="d"> <text>The capital and operating budgets shall be prepared and considered in accordance with county fiscal procedures not inconsistent with State law.</text> </level> <level label="e"> <text>The county governing body shall review and approve the budget of the community college and may reduce it.</text> </level> <level label="f"> <level label="1"> <text>The county governing bodies of the counties that support a regional community college jointly shall review the budget of the regional community college and may reduce it.</text> </level> <level label="2"> <text>Approval of the budget by a majority of the counties that support a regional community college constitutes approval of the budget and binds all the counties.</text> </level> </level> <level label="g"> <level label="1"> <text>The budget of each community college, as approved by the county governing body under this section shall be submitted to the Commission for informational purposes.</text> </level> <level label="2"> <text>Proposals for capital projects shall be submitted to the Department of Budget and Management through the Commission.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-302" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>Notwithstanding any other provisions of this subtitle, and subject to funds being appropriated, the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, the College of Southern Maryland, Chesapeake College, Frederick County, Garrett County, Hagerstown Community College, Harford County, Howard County, Montgomery County, Prince George’s County, or Wor–Wic Community College may borrow money to acquire an interest in personal property, including fixtures, for the operation of the community college, on terms and conditions that the Board of Trustees considers proper.</text> </level> <level label="b"> <text>A borrowing under this section may be secured by the personal property acquired or revenues derived from the property.</text> </level> <level label="c"> <text>All multiyear financing agreements reflecting borrowing under this section shall be subject to cancellation by the Board of Trustees at the end of a fiscal year if sufficient funds are not appropriated to fund the agreement in subsequent years.</text> </level> <level label="d"> <level label="1"> <text>Borrowing under this section does not create or constitute a debt or obligation of the State or any political subdivision of the State other than a community college.</text> </level> <level label="2"> <text>Borrowing under this section does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.</text> </level> </level> <level label="e"> <level label="1"> <text>This subsection does not apply to the Board of Community College Trustees for Garrett County.</text> </level> <level label="2"> <level label="i"> <text>Borrowing under this section shall be for the use of financing intermediate term lease purchasing agreements.</text> </level> <level label="ii"> <text>The term of any lease purchase agreement entered into under this section may not exceed the estimated life of the equipment subject to the financing agreement.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>The Board of Community College Trustees for Garrett County may enter into a lease purchase agreement if the lease purchase agreement is consistent with the provisions of this section.</text> </level> <level label="2"> <text>The term of any lease purchase agreement entered into by the Board of Community College Trustees for Garrett County may not exceed the estimated life of the equipment subject to the financing agreement.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-302.1" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Authority” means the Maryland Health and Higher Educational Facilities Authority established under Title 10, Subtitle 3 of the Economic Development Article.</text> </level> <level label="3"> <text>“Board” means:</text> <level label="i"> <text>A board of community college trustees established under § 16–101 of this title;</text> </level> <level label="ii"> <text>A board of regional community college trustees established under § 16–202 of this title;</text> </level> <level label="iii"> <text>The Board of Trustees of the Baltimore City Community College established under § 16–504 of this title; and</text> </level> <level label="iv"> <text>The Board of Trustees of the College of Southern Maryland established under § 16–604 of this title.</text> </level> </level> <level label="4"> <text>“Cost” means the cost of:</text> <level label="i"> <text>Acquisition of a project or any interest in a project;</text> </level> <level label="ii"> <text>Installation of a project, including any demolition, construction, reconstruction, or renovation directly related to a project;</text> </level> <level label="iii"> <text>Financing charges associated with a project;</text> </level> <level label="iv"> <text>Interest before and during acquisition of a project and, if deemed advisable by the board, for a period of up to 1 year after completion of acquisition of a project;</text> </level> <level label="v"> <text>Interest and reserves for principal and interest and for maintenance and repair of a project;</text> </level> <level label="vi"> <text>Architectural, engineering, financial, and legal services associated with a project;</text> </level> <level label="vii"> <text>Plans, specifications, studies, surveys, and estimates of costs and revenues for a project;</text> </level> <level label="viii"> <text>Administrative expenses necessary or incident to determining the feasibility or practicability of a project; and</text> </level> <level label="ix"> <text>Other expenses that are necessary or incident to the acquisition of a project, the financing or refinancing of the acquisition of a project, and the placing of a project in operation.</text> </level> </level> <level label="5"> <text>“Governing body” means:</text> <level label="i"> <text>The county council of a county with a charter form of government established under Article XI–A of the Maryland Constitution; or</text> </level> <level label="ii"> <text>The board of county commissioners of any other county.</text> </level> </level> <level label="6"> <text>“Note” means a note, bond, lease, purchase agreement, or other evidence of obligation.</text> </level> <level label="7"> <level label="i"> <text>“Project” means equipment, machinery, and other personal property, whether or not in the nature of fixtures, essential or convenient for the operation of a community college.</text> </level> <level label="ii"> <text>“Project” includes licenses and other rights acquired by a board for the use of equipment, machinery, and other personal property described in subparagraph (i) of this paragraph.</text> </level> </level> </level> <level label="b"> <text>A board may finance or refinance the costs of a project by entering into an agreement with the Authority that is evidenced by a note or notes issued by the board if, prior to the issuance of any note, the board and the governing body of each county that supports a community college governed by the board adopts a resolution that meets the requirements of subsection (c) of this section.</text> </level> <level label="c"> <level label="1"> <text>Prior to the issuance of any note under this section, a board and the governing body of each county that supports a community college governed by the board shall each adopt a resolution that authorizes the board to finance or refinance the costs of a project by entering into an agreement with the Authority.</text> </level> <level label="2"> <text>The resolution shall:</text> <level label="i"> <text>Generally describe the project to be financed or refinanced;</text> </level> <level label="ii"> <text>Specify the maximum aggregate principal amount of any note issued pursuant to the agreement; and</text> </level> <level label="iii"> <text>Impose any terms or conditions on the issuance of a note that the board or governing body deems appropriate.</text> </level> </level> <level label="3"> <text>A resolution adopted under this subsection is administrative in nature and not subject to:</text> <level label="i"> <text>Procedures required for legislative acts; or</text> </level> <level label="ii"> <text>Referendum.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>A board may enter into any agreement necessary or appropriate in connection with the issuance of any note, including an agreement to provide:</text> <level label="i"> <text>Additional credit or liquidity support for a note or a bond issued by the Authority on its behalf; and</text> </level> <level label="ii"> <text>A fixed interest rate or maximum interest rate for a variable rate note or a bond issued by the Authority on its behalf.</text> </level> </level> <level label="2"> <text>If the board enters into an agreement authorized under paragraph (1) of this subsection, the agreement may include provisions that:</text> <level label="i"> <text>Grant a security interest in a project for which a note is issued or pledge all or part of the fees, charges, and other revenues received from or in connection with a project to the payment of a note;</text> </level> <level label="ii"> <text>Allow for the investment and reinvestment of the proceeds of a note until the proceeds are used for the purposes for which the note was issued;</text> </level> <level label="iii"> <text>Govern the disposition of any excess proceeds and the investment earnings on any excess proceeds; and</text> </level> <level label="iv"> <text>Require that the board operate and maintain all or a portion of the project regardless of whether the fees, charges, and other revenues received from or in connection with the project are sufficient to cover the cost of operating or maintaining all or a portion of the project.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>The board shall specify or authorize the chair or other member of the board to specify:</text> <level label="i"> <text>The principal amount of a note;</text> </level> <level label="ii"> <text>The rate or rates of interest payable on a note or the method of determining the rate or rates of interest payable on a note;</text> </level> <level label="iii"> <text>Subject to paragraph (2) of this subsection, the date of maturity of a note, the payment provisions of a note, and the optional and mandatory prepayment provisions of a note, including any mandatory sinking fund installments for the note; and</text> </level> <level label="iv"> <text>Other matters, details, forms, documents, and procedures relating to the authorization, issuance, execution, sale, delivery, and payment of a note and the security for a note.</text> </level> </level> <level label="2"> <text>The date of maturity for a note may not exceed the useful life of the project for which the note is issued.</text> </level> </level> <level label="f"> <level label="1"> <text>A note shall be executed on behalf of the board by the manual or facsimile signature of the chair of the board or other member of the board authorized by resolution of the board.</text> </level> <level label="2"> <text>If the individual whose signature or countersignature appears on a note ceases to be a member of the board before delivery of the note, the individual’s signature or countersignature shall be valid and sufficient for all purposes the same as if the individual had remained a member of the board until delivery.</text> </level> </level> <level label="g"> <text>The principal amount of a note, the interest payable on a note, the transfer of a note, and any income derived from the transfer of a note, including any profit made on the sale or transfer of a note, shall be exempt from taxation by the State and any county or municipality in the State.</text> </level> <level label="h"> <text>A note issued under this section does not create or constitute a debt or obligation of the State or any county or municipality in the State and does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.</text> </level> <level label="i"> <text>If requested by the Authority, the State Comptroller shall withhold from any installment due the board from the State’s General Fund appropriation money for deposit to the credit of a sinking fund maintained to pay a note in an amount up to the total amount payable on the note and any agreements entered into in accordance with this section in the current fiscal year and the next succeeding fiscal year.</text> </level> <level label="j"> <text>This section provides additional, alternative, and supplemental authority in relation to powers conferred upon a board under any other existing law and may not be regarded as in derogation of or as a limitation to any existing power of a board.</text> </level> </section> <section article="ged" article_name="Education" number="16-303" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>Notwithstanding any other provision of law, a lease purchase agreement entered into by the Board of Community College Trustees for Howard County, Montgomery County, or Prince George’s County prior to October 1, 1992 shall be deemed authorized under § 16-302 of this subtitle, if the lease purchase agreement satisfies the requirements of § 16-302 of this subtitle.</text> </level> <level label="b"> <text>Notwithstanding any other provision of law, a lease purchase agreement entered into by the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, or Frederick County or the Board of Trustees of Chesapeake College before June 1, 1997 shall be deemed authorized under § 16-302 of this subtitle, if the lease purchase agreement satisfies the requirements of § 16-302 of this subtitle.</text> </level> </section> <section article="ged" article_name="Education" number="16-304" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>Each county governing body may appropriate money to pay the cost of establishing and operating a community college or regional community college.</text> </level> <level label="b"> <level label="1"> <text>The county governing body shall make appropriations by major functions established by the Commission.</text> </level> <level label="2"> <text>The major functions established by the Commission shall conform generally to those contained in the then-current College and University Industry Audit Guide issued by the American Institute of Certified Public Accountants.</text> </level> </level> <level label="c"> <level label="1"> <text>A community college may not spend more on any major function than the amount appropriated for it.</text> </level> <level label="2"> <level label="i"> <text>Transfers of appropriations between major functions shall be submitted in writing and approved by the county governing body before they are made, and if the county governing body fails to act on a request for a transfer within 30 days, the request automatically is approved as requested; and</text> </level> <level label="ii"> <text>Except in Baltimore City, where the provisions of the city charter govern, transfers of appropriations within a major function may be made at the direction of the board of trustees and the county governing body shall be notified within 30 days of the transfer.</text> </level> </level> </level> <level label="d"> <text>Each county governing body may borrow money to purchase land and construct capital improvements for a community college. Money may be borrowed on terms and conditions the county governing body considers proper, subject to any requirements of local law applicable to the creation of public debt.</text> </level> <level label="e"> <level label="1"> <text>Except in Baltimore City and Anne Arundel County, where the provisions of the appropriate charter govern, each county governing body may appropriate money to establish a reserve fund for future plant maintenance and repair at a community college.</text> </level> <level label="2"> <text>If a reserve fund for future plant maintenance and repair is established, it shall be treated as an additional major function for the purposes of this section.</text> </level> <level label="3"> <text>Expenditures from the reserve fund for maintenance and repair may not be made unless approved in the same manner as the budget of the community college is approved.</text> </level> <level label="4"> <text>Funds appropriated under this subsection may not be considered “current expenses” for purposes of § 16-305(c)(2) of this subtitle.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-305" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>The formula used for the distribution of funds to the community colleges in the State shall be known as the Senator John A. Cade Funding Formula.</text> </level> <level label="b"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Assessed valuation of real property” means assessed valuation of real property as determined for purposes of the State aid calculated under § 5–202 of this article.</text> </level> <level label="3"> <text>“Board” means:</text> <level label="i"> <text>In a county that has one or more community colleges, the board of community college trustees for the county; or</text> </level> <level label="ii"> <text>Where two or more counties establish a region to support a regional community college, the board of regional community college trustees.</text> </level> </level> <level label="4"> <text>“Community college” means a community college established under this title but does not include Baltimore City Community College.</text> </level> <level label="5"> <text>“County share” means the total amount of money for operating funds to be provided each fiscal year to a board by the county that supports the community college or colleges or, in the case of a regional community college, the total amount of money for operating funds to be provided each fiscal year to the board by all counties that support the regional community college.</text> </level> <level label="6"> <text>“Direct grants” means the sum of the following components of the State share:</text> <level label="i"> <text>Base costs; and</text> </level> <level label="ii"> <text>Size factor.</text> </level> </level> <level label="7"> <text>“Full–time equivalent student” for each community college is the greater of:</text> <level label="i"> <text>The quotient of the number of student credit hours produced in the fiscal year 2 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission; or</text> </level> <level label="ii"> <text>The 3–year moving average quotient of the number of student credit hours produced in the fiscal years 2 years prior, 3 years prior, and 4 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission.</text> </level> </level> <level label="8"> <text>“Population” means population as determined for purposes of calculating the State share of the library program using the definition in § 23–501 of this article.</text> </level> <level label="9"> <text>“Region” means the counties supporting a regional community college established under Subtitle 2 of this title.</text> </level> <level label="10"> <text>“Small community college” means:</text> <level label="i"> <text>Allegany College of Maryland;</text> </level> <level label="ii"> <text>Garrett College;</text> </level> <level label="iii"> <text>Hagerstown Community College;</text> </level> <level label="iv"> <text>Carroll Community College;</text> </level> <level label="v"> <text>Cecil Community College;</text> </level> <level label="vi"> <text>Chesapeake College; or</text> </level> <level label="vii"> <text>Wor–Wic Community College.</text> </level> </level> <level label="11"> <text>“State share” means the amount of money for community college operating funds to be provided each fiscal year to a board by the State.</text> </level> <level label="12"> <text>“State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” has the meaning stated in § 17–104(a)(1) of this article.</text> </level> <level label="13"> <text>“Student credit hours” means student credit hours, including those earned by a P–TECH student as provided in § 7–1804(c) of this article, or contact hours, which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.</text> </level> <level label="14"> <text>“Total State operating fund” means the sum of community college State appropriations for direct grants.</text> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>Except as provided in subparagraphs (iii), (iv), and (v) of this paragraph, the total State operating fund per full–time equivalent student to the community colleges for each fiscal year as requested by the Governor shall be:</text> <level label="1"> <text>In fiscal year 2009, not less than an amount equal to 26.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;</text> </level> <level label="2"> <text>In fiscal year 2010, not less than an amount equal to 23.6% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="3"> <text>In fiscal year 2011, not less than an amount equal to 21.8% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="4"> <text>In fiscal year 2012, not less than an amount equal to 20% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="5"> <text>In fiscal year 2014, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;</text> </level> <level label="6"> <text>In fiscal year 2015, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;</text> </level> <level label="7"> <text>In fiscal year 2017, not less than an amount equal to 20.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="8"> <text>In fiscal year 2018, not less than an amount equal to 21.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="9"> <text>In fiscal year 2019, not less than an amount equal to 22.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="10"> <text>In fiscal year 2020, not less than an amount equal to 23% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="11"> <text>In fiscal year 2021, not less than an amount equal to 25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="12"> <text>In fiscal year 2022, not less than an amount equal to 27% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="13"> <text>In fiscal year 2023 and fiscal year 2024, not less than an amount equal to 29% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; and</text> </level> <level label="14"> <text>In fiscal year 2025 and each fiscal year thereafter, not less than an amount equal to 27.2% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article.</text> </level> </level> <level label="ii"> <text>For purposes of this subsection, the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State for a fiscal year shall include:</text> <level label="1"> <text>Noncapital appropriations from the Higher Education Investment Fund; and</text> </level> <level label="2"> <text>Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.</text> </level> </level> <level label="iii"> <text>Notwithstanding the provisions of subparagraph (i) of this paragraph, the total State operating funds to be distributed under this subsection to the community colleges for each of fiscal years 2011 and 2012 shall be $194,407,432.</text> </level> <level label="iv"> <text>In fiscal year 2013, the total State operating funds for community colleges shall be $199,176,114, to be distributed as follows:</text> <level label="1"> <text>Allegany College $4,773,622;</text> </level> <level label="2"> <text>Anne Arundel Community College $27,235,329;</text> </level> <level label="3"> <text>Community College of Baltimore County $34,398,366;</text> </level> <level label="4"> <text>Carroll Community College $6,851,515;</text> </level> <level label="5"> <text>Cecil Community College $4,645,751;</text> </level> <level label="6"> <text>College of Southern Maryland $10,902,580;</text> </level> <level label="7"> <text>Chesapeake College $5,675,815;</text> </level> <level label="8"> <text>Frederick Community College $8,145,648;</text> </level> <level label="9"> <text>Garrett College $2,246,709;</text> </level> <level label="10"> <text>Hagerstown Community College $6,965,064;</text> </level> <level label="11"> <text>Harford Community College $9,990,806;</text> </level> <level label="12"> <text>Howard Community College $12,584,485;</text> </level> <level label="13"> <text>Montgomery College $35,998,553;</text> </level> <level label="14"> <text>Prince George’s Community College $22,013,074; and</text> </level> <level label="15"> <text>Wor–Wic Community College $6,748,796.</text> </level> </level> <level label="v"> <text>In fiscal year 2016, the total State operating funds for community colleges shall be $222,744,620, to be distributed as follows:</text> <level label="1"> <text>Allegany College $4,850,443;</text> </level> <level label="2"> <text>Anne Arundel Community College $28,715,483;</text> </level> <level label="3"> <text>Community College of Baltimore County $38,637,668;</text> </level> <level label="4"> <text>Carroll Community College $7,345,653;</text> </level> <level label="5"> <text>Cecil Community College $5,108,064;</text> </level> <level label="6"> <text>College of Southern Maryland $13,017,885;</text> </level> <level label="7"> <text>Chesapeake College $6,142,473;</text> </level> <level label="8"> <text>Frederick Community College $8,975,284;</text> </level> <level label="9"> <text>Garrett College $2,561,002;</text> </level> <level label="10"> <text>Hagerstown Community College $7,620,412;</text> </level> <level label="11"> <text>Harford Community College $10,865,634;</text> </level> <level label="12"> <text>Howard Community College $15,723,055;</text> </level> <level label="13"> <text>Montgomery College $40,000,786;</text> </level> <level label="14"> <text>Prince George’s Community College $26,072,537; and</text> </level> <level label="15"> <text>Wor–Wic Community College $7,108,241.</text> </level> </level> </level> <level label="2"> <text>The State share shall be distributed to each board and shall be limited by the provisions of subsection (d) of this section.</text> </level> <level label="3"> <text>Subject to subsection (d) of this section, the total State share for each board shall be the sum of:</text> <level label="i"> <text>The base costs component; and</text> </level> <level label="ii"> <text>The size factor component.</text> </level> </level> <level label="4"> <text>For each board, the base costs component shall be the total State operating fund per full–time equivalent student to the community colleges.</text> </level> <level label="5"> <level label="i"> <text>The size factor component shall be the year’s total State operating fund multiplied by 2%.</text> </level> <level label="ii"> <text>Except as provided in subparagraph (iii) of this paragraph, the funds available for the size factor component shall be divided and distributed equally to each board that operates a community college or colleges at which the total number of full–time equivalent students is less than or equal to 80% of the statewide median.</text> </level> <level label="iii"> <level label="1"> <text>Beginning with the first fiscal year that a board no longer meets the eligibility requirements under subparagraph (ii) of this paragraph, the board shall continue to receive a percentage of the size factor component that the board received in the last fiscal year for which the board was eligible, as follows:</text> </level> <level label="A"> <text>80% for the first fiscal year;</text> </level> <level label="B"> <text>60% for the second fiscal year;</text> </level> <level label="C"> <text>40% for the third fiscal year;</text> </level> <level label="D"> <text>20% for the fourth fiscal year; and</text> </level> <level label="E"> <text>0% for the fifth and each subsequent fiscal year.</text> </level> <level label="2"> <text>The distributions required under subparagraph (ii) of this paragraph shall be made from the remaining funds available for the size factor component after any distributions required under this subparagraph.</text> </level> </level> <level label="iv"> <text>In determining the eligibility of a board for a size factor component, the number of full–time equivalent students at all campuses and colleges operated by the board shall be added together.</text> </level> </level> <level label="6"> <text>Any employer Social Security contributions required by federal law for any employee of a board of community college trustees shall remain the obligation of the employer.</text> </level> <level label="7"> <text>The State contribution to retirement and fringe benefit costs is not included in the calculations of amounts under this subsection.</text> </level> </level> <level label="d"> <level label="1"> <text>In each fiscal year, in order for a board to receive an increase in the State share of support, the county share, in the aggregate, that supports the community college or colleges shall equal or exceed the aggregate amount of operating fund appropriations made to the board by the county or all of the counties supporting the college in the previous fiscal year.</text> </level> <level label="2"> <text>For fiscal years 2027 through 2029, the State share, as determined under subsection (c)(3) of this section, may not exceed an increase of 3% over the State share provided to each community college in the immediately preceding fiscal year.</text> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>Beginning in fiscal year 1996, a grant in the amount provided in paragraph (2) of this subsection shall be distributed to each board in order to provide instruction and services to students enrolled in an English for Speakers of Other Languages (“ESOL”) program.</text> </level> <level label="ii"> <text>To qualify for a grant under this subsection, each participant in the program shall be a student:</text> <level label="1"> <text>Born outside of the United States or whose native language is not English;</text> </level> <level label="2"> <text>Who comes from an environment where a language other than English is dominant; or</text> </level> <level label="3"> <text>Who is an American Indian or Alaskan native and comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>Subject to the provisions of subparagraph (ii) of this paragraph, the amount of the grant shall be $800 times the number of qualified full–time equivalent students who are enrolled in a county ESOL program and at the community college.</text> </level> <level label="ii"> <level label="1"> <text>The total amount of the grants under this paragraph may not exceed $8,000,000 for any fiscal year.</text> </level> <level label="2"> <text>If, for any fiscal year, the total amount of the grants calculated under subparagraph (i) of this paragraph would exceed $8,000,000, then each grant shall be prorated by the amount necessary to reduce the total amount of the grants to $8,000,000.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>If the amount that is appropriated to a board under this subsection for any fiscal year is more than the actual cost of providing ESOL programs to students enrolled at the community college in that county or region, the excess funds shall be paid back to the State and credited to the General Fund of the State.</text> </level> <level label="ii"> <text>A board may not transfer State funds received under this subsection to any other program or category.</text> </level> </level> <level label="4"> <text>Subject to the provisions of paragraph (2) of this subsection, for any fiscal year in which the State appropriation is insufficient to fully fund all grants eligible under this section, the Governor shall include in the budget bill for the following fiscal year a deficiency appropriation to fund all unfunded grants.</text> </level> </level> <level label="f"> <level label="1"> <text>Unrestricted grants in the amounts specified in this subsection shall be distributed to the board of each small community college.</text> </level> <level label="2"> <text>Subject to paragraph (5) of this subsection, for fiscal years 2003 through 2018, unrestricted grants shall be distributed as follows:</text> <level label="i"> <text>$500,000 to Allegany College of Maryland;</text> </level> <level label="ii"> <text>$500,000 to Garrett College;</text> </level> <level label="iii"> <text>$500,000 to Hagerstown Community College;</text> </level> <level label="iv"> <text>$250,000 to Carroll Community College;</text> </level> <level label="v"> <text>$250,000 to Cecil Community College;</text> </level> <level label="vi"> <text>$250,000 to Chesapeake College; and</text> </level> <level label="vii"> <text>$250,000 to Wor–Wic Community College.</text> </level> </level> <level label="3"> <text>Beginning in fiscal year 2019 and for each fiscal year thereafter, subject to paragraph (5) of this subsection, unrestricted grants shall be distributed as follows:</text> <level label="i"> <text>$851,300 to Allegany College of Maryland;</text> </level> <level label="ii"> <text>$851,300 to Garrett College;</text> </level> <level label="iii"> <text>$851,300 to Hagerstown Community College;</text> </level> <level label="iv"> <text>$851,300 to Carroll Community College;</text> </level> <level label="v"> <text>$851,300 to Cecil Community College;</text> </level> <level label="vi"> <text>$851,300 to Chesapeake College; and</text> </level> <level label="vii"> <text>$851,300 to Wor–Wic Community College.</text> </level> </level> <level label="4"> <text>Beginning in fiscal year 2003 and in each fiscal year thereafter, in addition to the amounts specified in paragraph (2) or (3) of this subsection, the boards of Allegany College of Maryland and Garrett College shall receive the following unrestricted grants:</text> <level label="i"> <text>$360,000 to Allegany College of Maryland; and</text> </level> <level label="ii"> <text>$240,000 to Garrett College.</text> </level> </level> <level label="5"> <text>The grant amounts specified in paragraph (2) or (3) of this subsection shall increase in fiscal year 2004 and each fiscal year thereafter by the same percentage as the percentage increase in funding per full–time equivalent student to the 4–year public institutions of higher education in the State, as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in that fiscal year.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-306" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <level label="1"> <text>Subject to paragraph (2) of this subsection, a public junior or community college shall reimburse the State annually for the employer contributions made by the State for an employee who:</text> <level label="i"> <text>Is a member of the Teachers’ Retirement System or the Teachers’ Pension System under Division II of the State Personnel and Pensions Article; and</text> </level> <level label="ii"> <text>Is receiving a salary funded by a source other than State or local aid.</text> </level> </level> <level label="2"> <text>To the extent that an employee’s salary is funded in part by sources other than State or local aid, the public junior or community college shall reimburse the State a pro rata share of the State’s payment based on the percentage of the employee’s salary funded by a source other than State or local aid.</text> </level> </level> <level label="b"> <level label="1"> <text>To ensure that the public junior or community college is properly reimbursing the State as provided under subsection (a) of this section, the Commission or, at the Commission’s request, a public junior or community college may at any time examine the records of public junior or community colleges to determine whether the State’s payments for retirement contributions for employees of the public junior or community colleges are in accordance with the provisions of Division II of the State Personnel and Pensions Article.</text> </level> <level label="2"> <text>An audit conducted under paragraph (1) of this subsection may be:</text> <level label="i"> <text>Included with an existing annual financial audit as a supplemental part and tested independently;</text> </level> <level label="ii"> <text>Conducted in conjunction with a supplemental federally mandated single audit of federal financial assistance programs and tested independently; or</text> </level> <level label="iii"> <text>Conducted as a separate independent audit.</text> </level> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>If an examination of the records of a public junior or community college shows that the State has paid more than is required under Division II of the State Personnel and Pensions Article, within 30 days after the date of the notice to the junior or community college of the State overpayment, the junior or community college may appeal the notice of State overpayment to the Secretary of Budget and Management who shall appoint a hearing examiner.</text> </level> <level label="ii"> <text>The hearing examiner shall make recommendations to the Secretary of Budget and Management who shall make a final determination regarding the amount, if any, of the State overpayment.</text> </level> </level> <level label="2"> <text>If a public junior or community college does not appeal to the Secretary of Budget and Management or if the Secretary of Budget and Management determines that the State is due reimbursement for excess payments, as provided in paragraph (1) of this subsection, at the request of the Commission the money owed shall be deducted from any other State funds that would otherwise be paid to the public junior or community college.</text> </level> <level label="3"> <text>For purposes of the Administrative Procedure Act, an appeal taken under this section is not a contested case.</text> </level> </level> <level label="d"> <level label="1"> <text>Any reimbursements under subsection (a) of this section:</text> <level label="i"> <text>Shall be applied first to the cost of any audit or portion of any audit relating to subsection (a) of this section to reimburse either the Commission or the public junior or community college for the expenses of the audits; and</text> </level> <level label="ii"> <text>After reimbursement to the Commission or the public junior or community college under item (i) of this paragraph, shall be credited to the General Fund.</text> </level> </level> <level label="2"> <text>If an audit under this section is performed by a public junior or community college, before the public junior or community college is reimbursed under paragraph (1)(i) of this subsection, the public junior or community college shall provide documentation to the Commission that the incremental costs of the audit incurred by the public junior or community college are reasonable.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-307" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <text>The Commission shall submit a budget request to the Governor on or before October 10 of each year calculated by using the formulas in § 16-305 of this subtitle.</text> </section> <section article="ged" article_name="Education" number="16-308" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>Each year, the Commission shall certify to the State Comptroller:</text> <level label="1"> <text>On or before July 31 and November 30 one-fourth of the amount it calculates to be the State share under § 16-305 of this subtitle for each board of trustees;</text> </level> <level label="2"> <text>On or before March 31 one-half of the amount it calculates to be the State share under § 16-305 of this subtitle for each board of trustees; and</text> </level> <level label="3"> <text>After the annual audit of each community college, any discrepancy between the payments made and the actual State share under § 16-305 of this subtitle for the preceding fiscal year, which shall be compensated for in the November payment.</text> </level> </level> <level label="b"> <text>Within 5 days after the State Comptroller receives a certification from the Commission, the State Comptroller shall draw a warrant on the State Treasurer for the amount due each board of trustees. The State Treasurer immediately shall pay the amount due to the board of trustees of the community college.</text> </level> </section> <section article="ged" article_name="Education" number="16-309" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>The Commission shall certify to the treasurer of each county:</text> <level label="1"> <text>On or before September 30 and March 31 of each year, one half of the amount it estimates to be the county’s share under § 16-305 of this subtitle; and</text> </level> <level label="2"> <text>After the annual audit of each community college, any discrepancy between the payments made and the actual amount of the county’s share under § 16-305 of this subtitle for the preceding fiscal year, which shall be compensated for during the fiscal year.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, within 5 days after it receives a certification from the Commission, the county shall pay the amount due to the board of trustees of the community college.</text> </level> <level label="2"> <text>The board of trustees of a community college and the governing body of a county may agree in writing to a payment schedule for the county’s share under § 16-305 of this subtitle. If, prior to the 5th day after receiving notification from the Commission, there is a payment schedule agreed to in accordance with this paragraph, the county shall make payments in accordance with that schedule. If a county fails to make a payment in accordance with the schedule, all amounts certified by the Commission but not yet paid by a county shall become due and payable immediately.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-310" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <level label="1"> <text>Subject to paragraphs (2), (3), (4), (5), (6), and (7) of this subsection and subsection (f) of this section, any student who attends a community college in this State and is not a resident of this State shall pay, in addition to the student tuition and fees payable by a county resident, an out–of–state fee, at least equal to:</text> <level label="i"> <text>60% of the county share per full–time equivalent student as determined under § 16–305 of this subtitle; and</text> </level> <level label="ii"> <text>The marginal cost component of the State share per full–time equivalent student as determined under § 16–305(c)(5) of this subtitle.</text> </level> </level> <level label="2"> <level label="i"> <text>Each board of trustees of a community college with a service area that borders another state may set an out–of–state fee in accordance with subparagraph (ii) of this paragraph for any student who resides in an out–of–state county that borders the community college’s service area.</text> </level> <level label="ii"> <text>The fee described in subparagraph (i) of this paragraph:</text> <level label="1"> <text>Shall be more than the out–of–county fee as determined in subsection (b)(1) of this section; and</text> </level> <level label="2"> <text>May be less than the out–of–state fee as determined in paragraph (1) of this subsection.</text> </level> </level> <level label="iii"> <text>Any student attending a community college in this State who pays a fee as provided in this paragraph may not be included as an in–State resident for computation of State aid to community colleges in accordance with § 16–305 of this subtitle.</text> </level> </level> <level label="3"> <level label="i"> <text>A resident of the state of West Virginia who attends Garrett College under a negotiated reciprocity agreement between the states of Maryland and West Virginia is an in–county resident for tuition purposes.</text> </level> <level label="ii"> <text>For each full–time equivalent student participating in the reciprocity agreement, the State shall pay to Garrett College an amount equal to the net State support per full–time equivalent student as provided in § 16–305 of this subtitle. For any fiscal year, if State appropriations for reimbursement of any reciprocity agreements under this paragraph do not provide sufficient funds to fully reimburse the college, the Governor shall include in the budget bill for the next fiscal year a deficiency appropriation to provide the additional funds to fully reimburse the college.</text> </level> <level label="iii"> <text>The Commission may make payments to effectuate the provisions of this paragraph from funds specifically appropriated for this purpose as provided in the State budget or any supplemental budget request.</text> </level> <level label="iv"> <text>The payments authorized by this paragraph are in addition to the State operating fund to community colleges authorized in § 16–305(c) of this subtitle.</text> </level> </level> <level label="4"> <level label="i"> <text>Any student attending a community college in this State who is not a resident of this State and is enrolled in an education program leading to licensure in nursing shall be included as an in–county resident for tuition purposes and shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.</text> </level> <level label="ii"> <text>The student shall furnish a surety bond or promissory note to the State with security satisfactory to the Maryland Higher Education Commission, that on completion of the nursing education program, the student will work for at least 2 years in a hospital or related institution as defined in § 19–301 of the Health – General Article in this State.</text> </level> <level label="iii"> <text>The Secretary of Health may determine if there is a shortage of nurses.</text> </level> <level label="iv"> <text>Subject to subparagraphs (v) and (vi) of this paragraph, if the Secretary determines that there is no shortage of nurses, the Nonresident Student Tuition Reduction and State Aid Program established under this paragraph may not be applied to any courses required for the nursing program.</text> </level> <level label="v"> <text>Subparagraph (iv) of this paragraph applies only to students who enroll in a nursing education program subsequent to the determination made under subparagraph (iv) of this paragraph.</text> </level> <level label="vi"> <text>Subparagraph (v) of this paragraph may not affect any student who is participating in the Nonresident Tuition Reduction and State Aid Program prior to the determination under subparagraph (iii) of this paragraph.</text> </level> </level> <level label="5"> <level label="i"> <text>Each board of community college trustees may waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who is employed by a business located in the county that supports the community college.</text> </level> <level label="ii"> <text>Any student attending a community college in this State who receives a tuition waiver as provided by this paragraph shall not be included as an in–State resident for computation of State aid to community colleges in accordance with § 16–305 of this subtitle.</text> </level> </level> <level label="6"> <level label="i"> <text>Each board of community college trustees shall waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who resides in this State but does not meet the in–State residency requirement for tuition purposes and is a public school teacher employed by a county board if:</text> <level label="1"> <level label="A"> <text>The course or program is required by the State or the county board to maintain the teacher’s present position with the county board; or</text> </level> </level> <level label="B"> <text>The course or program maintains or improves skills required by the county board in the teacher’s current position;</text> </level> <level label="2"> <text>The teacher resides in this State and is employed as a full–time public school teacher; and</text> </level> <level label="3"> <text>The teacher has been employed as a public school teacher in the State for less than a year.</text> </level> </level> <level label="ii"> <text>A public school teacher is responsible for the difference between in–State and out–of–state tuition if:</text> <level label="1"> <text>The teacher resigns or is terminated from employment with the county board; and</text> </level> <level label="2"> <text>The teacher remains enrolled in the course or program at a community college during the teacher’s first year as a Maryland resident.</text> </level> </level> <level label="iii"> <text>Any public school teacher attending a community college in this State who satisfies the requirements established in this paragraph shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.</text> </level> </level> <level label="7"> <level label="i"> <text>In this paragraph, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.</text> </level> <level label="ii"> <text>Each board of community college trustees may waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who resides in the State but does not meet the in–State residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of BRAC.</text> </level> <level label="iii"> <text>Any BRAC employee or family member of a BRAC employee attending a community college in the State who satisfies the requirements established in this paragraph shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Subject to the provisions of paragraphs (2), (3), and (4) of this subsection and subsection (g) of this section, any student who attends a community college not supported by the county in which the student resides shall pay, in addition to the student tuition and fees payable by a resident of a county that supports the community college, an out–of–county or out–of–region fee at least equal to 60% of the county share per full–time equivalent student as determined under § 16–305 of this subtitle.</text> </level> <level label="2"> <level label="i"> <text>Any student who resides in an incorporated municipality whose corporate limits extend into 2 counties in the State is considered an in–county resident for tuition purposes at a community college campus located within that municipality that is supported by either county.</text> </level> <level label="ii"> <text>If a student is considered an in–county resident under this paragraph and the student does not reside in the county that supports the community college, the county in which the student resides shall pay the difference between the out–of–county tuition and the in–county tuition.</text> </level> </level> <level label="3"> <text>Each board of community college trustees may waive the out–of–county or out–of–region fee, as determined in paragraph (1) of this subsection, for a student who is employed by a business located in the county that supports the community college.</text> </level> <level label="4"> <level label="i"> <text>In this paragraph, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.</text> </level> <level label="ii"> <text>Each board of community college trustees may waive the out–of–county fee or out–of–region fee as determined in paragraph (1) of this subsection for a student who resides in the county but does not meet the in–county residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of BRAC.</text> </level> </level> <level label="5"> <level label="i"> <text>In this paragraph, “victim of human trafficking” means an individual who has been recruited, harbored, transported, provided, or obtained for labor, services, or a sexual act through the use of force, fraud, or coercion.</text> </level> <level label="ii"> <text>Each board of community college trustees may waive the out–of–county fee or out–of–region fee as determined in paragraph (1) of this subsection for a student who attends the community college and:</text> <level label="1"> <text>Is not a resident of the county; and</text> </level> <level label="2"> <text>Is a victim of human trafficking.</text> </level> </level> <level label="iii"> <text>Information collected under this paragraph as part of a student’s registration shall remain confidential.</text> </level> <level label="iv"> <level label="1"> <text>A community college that admits an individual who qualifies for a waiver of the out–of–county fee or out–of–region fee under this paragraph shall:</text> </level> <level label="A"> <text>Keep a record of the number of individuals for whom a waiver was granted in accordance with subparagraph (ii) of this paragraph; and</text> </level> <level label="B"> <text>Report the information required in item A of this subsubparagraph to the Commission each year.</text> </level> <level label="2"> <text>The Commission shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report consisting of the information submitted to the Commission under subsubparagraph 1 of this subparagraph.</text> </level> </level> <level label="v"> <level label="1"> <text>The Commission shall adopt regulations to implement the provisions of this paragraph.</text> </level> <level label="2"> <text>The regulations shall include a requirement that an application for a waiver of the out–of–county fee or out–of–region fee as provided in this paragraph shall contain evidence that the applicant is a victim of human trafficking, including:</text> </level> <level label="A"> <text>Certified law enforcement, court, or other federal or State agency records or files;</text> </level> <level label="B"> <text>Documentation from a human trafficking prevention or assistance program; or</text> </level> <level label="C"> <text>Documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a victim of human trafficking.</text> </level> </level> </level> </level> <level label="c"> <text>Any county may appropriate money to pay the out–of–county or out–of–region fees for county residents who attend a community college in this State that is not supported by that county.</text> </level> <level label="d"> <level label="1"> <level label="i"> <level label="1"> <text>Notwithstanding subsection (b) of this section, subject to subsubparagraph 2 of this subparagraph, if any student is a resident of this State and enrolls in an instructional program that the Commission designates as a health manpower shortage program or a statewide or regional program:</text> </level> <level label="A"> <text>The student shall pay only the student tuition and fees payable by a resident of a county that supports the community college; and</text> </level> <level label="B"> <text>Subject to subparagraph (ii) of this paragraph, the Commission shall pay any applicable out–of–county fee to the community college.</text> </level> <level label="2"> <text>For a student who attends a community college not supported by the county in which the student resides, at the discretion of the board of community college trustees:</text> </level> <level label="A"> <text>The community college may charge the student any applicable out–of–county fee;</text> </level> <level label="B"> <text>Subject to subparagraph (ii) of this paragraph, the Commission shall pay the amount of any applicable out–of–county fee to the community college; and</text> </level> <level label="C"> <text>The community college shall reimburse the student the amount received from the Commission under item B of this subsubparagraph.</text> </level> </level> <level label="ii"> <text>For any fiscal year beginning on or after July 1, 2011, if State appropriations to the Commission for payment of any applicable out–of–county fee under this paragraph do not provide sufficient funds to fully reimburse applicable out–of–county fees, the Commission shall prorate the reimbursement for the out–of–county fees.</text> </level> </level> <level label="2"> <text>The Commission may make payments to effectuate the provisions of this section from funds specifically appropriated for this purpose as provided in the State budget or any supplemental budget request.</text> </level> </level> <level label="e"> <level label="1"> <text>Notwithstanding subsection (b) of this section, if any student resides in a county where the per capita wealth is below the State average and the county does not support a community college or a branch campus of a community college, except for Baltimore City, the student may enroll at a community college or a branch campus in the State, either of which is located in a county adjacent to the one in which the student resides, and pay only the tuition and fees applicable to a county resident that supports the community college.</text> </level> <level label="2"> <text>For any student determined to be eligible under paragraph (1) of this subsection, the Commission shall pay:</text> <level label="i"> <text>In fiscal year 1992, 75% of any applicable out–of–county fee provided that the county in which the student resides pays 25 percent of that fee; and</text> </level> <level label="ii"> <text>In fiscal year 1993, and each fiscal year thereafter, 50% of any applicable out–of–county fee provided that the county in which the student resides pays 50 percent of that fee.</text> </level> </level> <level label="3"> <text>The Commission may make payments to effectuate the provisions of this subsection from funds specifically appropriated for this purpose in the State budget or any supplemental budget request.</text> </level> </level> <level label="f"> <text>The provisions of this section shall be subject to any reciprocal interstate agreement entered into by the Maryland Higher Education Commission under § 11–105(m)(2) of this article.</text> </level> <level label="g"> <level label="1"> <text>Notwithstanding subsection (b) of this section, any student who resides in Howard County or in Prince George’s County and attends the Laurel College Center, a partnership equally supported by the Howard and Prince George’s community colleges, is deemed to be an in–county student and may not be subject to out–of–county fees established in subsection (b) of this section, by Howard Community College or Prince George’s Community College for courses taken at the Laurel College Center.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection applies to any student who attends the Laurel College Center on or after August 1, 2001.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-311" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, this section applies to every contract for any building, improvement, equipment, or supplies.</text> </level> <level label="2"> <text>This section does not apply to:</text> <level label="i"> <text>The purchase of books or other materials for instruction;</text> </level> <level label="ii"> <text>Emergency repairs;</text> </level> <level label="iii"> <text>Any contract or purchase made by a county for a community college under procedures authorized by the county charter or an act of the General Assembly; or</text> </level> <level label="iv"> <text>Any contract or purchase that qualifies as a “small procurement” as defined in the State Procurement Regulations.</text> </level> </level> </level> <level label="b"> <text>At the discretion of the procurement officer, the following procurement methods are authorized where applicable:</text> <level label="1"> <text>Competitive sealed bids under subsection (c) of this section;</text> </level> <level label="2"> <text>Competitive sealed proposals under § 16–313 of this subtitle;</text> </level> <level label="3"> <text>Sole source procurement under § 16–314 of this subtitle; or</text> </level> <level label="4"> <text>Noncompetitive negotiation under § 16–314.1 of this subtitle.</text> </level> </level> <level label="c"> <level label="1"> <text>The board of trustees may provide for procurement by competitive sealed bids in accordance with this subsection.</text> </level> <level label="2"> <level label="i"> <text>Whenever procurement is based on competitive sealed bids, the board of trustees, or its designee, shall seek bids by issuing an invitation for bids.</text> </level> <level label="ii"> <text>The board of trustees, at least 2 weeks before bids are to be filed, shall advertise for bids in at least one newspaper published in the county or in eMaryland Marketplace, in accordance with Title 17, Subtitle 5 of the State Finance and Procurement Article.</text> </level> </level> <level label="iii"> <text>The board of trustees may name in the specifications and advertisements for bids the particular make, kind, or brand of article to be contracted for or purchased.</text> </level> </level> <level label="3"> <text>The board of trustees of each community college may provide for the prequalification of persons as prospective responsible bidders for procurements other than leases of real property.</text> <level label="4"> <text>If a board of trustees uses a prequalification procedure for awarding a procurement contract:</text> <level label="i"> <text>A person who is not prequalified may submit a bid or proposal; and</text> </level> <level label="ii"> <text>After bid opening or receipt of proposals and before awarding the procurement contract, a procurement officer may determine that:</text> <level label="1"> <text>A person who was not prequalified at the time of bid opening or receipt of proposals is a responsible bidder; or</text> </level> <level label="2"> <text>A prequalified person is not a responsible bidder.</text> </level> </level> </level> </level> <level label="5"> <text>Except as provided in paragraph (7) of this subsection, the contract shall be awarded to the lowest responsible bidder, who conforms to the specifications, with consideration given to:</text> <level label="i"> <text>The quantities involved;</text> </level> <level label="ii"> <text>The time required for delivery;</text> </level> <level label="iii"> <text>The purpose for which required;</text> </level> <level label="iv"> <text>The competence and responsibility of the bidder; and</text> </level> <level label="v"> <text>The ability of the bidder to perform the contract satisfactorily.</text> </level> <level label="6"> <text>The board of trustees may reject any and all bids and readvertise for other bids.</text> </level> <level label="7"> <level label="i"> <text>In this paragraph, the term “minority business enterprise” has the meaning stated in § 14–301 of the State Finance and Procurement Article.</text> </level> <level label="ii"> <text>In Montgomery County, by resolution and by implementing rules and regulations, the Board of Trustees of Montgomery Community College shall establish a mandatory minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Board of Trustees of Montgomery Community College in accordance with competitive bidding requirements.</text> </level> </level> </level> <level label="d"> <text>A contract entered into or purchase made in violation of this section is void.</text> </level> </section> <section article="ged" article_name="Education" number="16-312" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.</text> </level> <level label="3"> <text>“Mandatory set-asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.</text> </level> <level label="4"> <text>“Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.</text> </level> <level label="5"> <text>“Minority business enterprise” means any business enterprise:</text> <level label="i"> <level label="1"> <text>That is at least 51 percent owned by 1 or more minority individuals; or</text> </level> <level label="2"> <text>In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by 1 or more minority individuals; and</text> </level> </level> <level label="ii"> <text>Whose management and daily business operations are controlled by 1 or more minority individuals.</text> </level> </level> <level label="6"> <text>“Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.</text> </level> <level label="7"> <text>“Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.</text> </level> <level label="8"> <text>“Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.</text> </level> </level> <level label="b"> <text>The Board of Trustees of the Prince George’s Community College shall undertake and complete an internal and market fact-finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the Board. The results of the fact-finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990.</text> </level> <level label="c"> <text>If the fact-finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the Board of Trustees, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the Board. The program shall include specific goals and the definition of “minority individual”.</text> </level> <level label="d"> <text>In establishing a minority business enterprise program, the Board of Trustees is authorized to use incentives to achieve the designated goals of the program, including but not limited to:</text> <level label="1"> <text>Mandatory set-aside procedures;</text> </level> <level label="2"> <text>Mandatory subcontracting procedures with reasonable waiver provisions;</text> </level> <level label="3"> <text>The application of bonus points;</text> </level> <level label="4"> <text>The application of percentage points;</text> </level> <level label="5"> <text>Restrictive bidding;</text> </level> <level label="6"> <text>Restrictive price quotations;</text> </level> <level label="7"> <text>The reduction or waiver of bonding requirements; and</text> </level> <level label="8"> <text>Incentives to encourage maximum participation by:</text> <level label="i"> <text>Small businesses;</text> </level> <level label="ii"> <text>A variety of different businesses; and</text> </level> <level label="iii"> <text>Businesses located within Prince George’s County.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>The Board of Trustees may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the Board of Trustees.</text> </level> <level label="2"> <text>It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this section.</text> </level> </level> <level label="f"> <text>The Board of Trustees shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes.</text> </level> <level label="g"> <level label="1"> <text>The program shall be evaluated every 2 years.</text> </level> <level label="2"> <text>The results of any evaluation under this subsection shall be submitted to the Prince George’s County Delegation of the General Assembly.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-313" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <level label="1"> <text>The board of trustees may provide for procurement by competitive sealed proposals in accordance with the provisions of this section.</text> </level> <level label="2"> <text>The board of trustees may adopt regulations to implement the provisions of this section.</text> </level> </level> <level label="b"> <text>Competitive sealed proposals is the preferred procurement method for educational or consultant services.</text> </level> <level label="c"> <level label="1"> <text>Whenever procurement is based on competitive sealed proposals, the board of trustees or its designee shall seek proposals by issuing a request for proposals.</text> </level> <level label="2"> <text>A request for proposals shall include a statement of:</text> <level label="i"> <text>The scope of the procurement contract;</text> </level> <level label="ii"> <text>The results to be achieved or services to be provided;</text> </level> <level label="iii"> <text>The factors, including price, that will be used in evaluating proposals; and</text> </level> <level label="iv"> <text>The relative importance of each factor.</text> </level> </level> </level> <level label="d"> <text>The board of trustees or its designee shall publish a request for proposals in the same manner as required for an invitation for bids.</text> </level> <level label="e"> <level label="1"> <text>After receipt of proposals but before the board of trustees awards the procurement contract, the board or its designee may conduct discussions with an offeror to:</text> <level label="i"> <text>Obtain the best price for the college; and</text> </level> <level label="ii"> <text>Ensure full understanding of:</text> <level label="1"> <text>The requirements of the college as set forth in the request for proposals; and</text> </level> <level label="2"> <text>The proposal submitted by the offeror.</text> </level> </level> </level> <level label="2"> <text>If discussions are conducted, the board of trustees or its designee:</text> <level label="i"> <text>Shall conduct the discussions in accordance with regulations adopted by the board;</text> </level> <level label="ii"> <text>Shall provide an opportunity to participate to each responsible offeror who submits a proposal that, in the judgment of the board or its designee, is reasonably susceptible of being selected for award;</text> </level> <level label="iii"> <text>Shall treat all of the responsible offerors fairly and equally;</text> </level> <level label="iv"> <text>May allow all of the responsible offerors to revise their initial proposals by submitting best and final offers, if discussions indicate that it would be in the best interests of the college to do so;</text> </level> <level label="v"> <text>May conduct more than one series of discussions and requests for best and final offers; and</text> </level> <level label="vi"> <text>May not disclose to an offeror any information derived from a proposal of or discussions with a competing offeror.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection:</text> <level label="i"> <text>A proposal is irrevocable for the period specified in the request for proposals; and</text> </level> <level label="ii"> <text>A best and final offer is irrevocable for the period specified in the request for best and final offers.</text> </level> </level> <level label="2"> <text>The board of trustees or its designee may allow an offeror to correct or withdraw a proposal or best and final offer if correction or withdrawal is allowed under regulations adopted by the board.</text> </level> </level> <level label="g"> <text>After obtaining any approval required by law, the board of trustees shall award the procurement contract to the responsible offeror who submits the proposal or best and final offer determined to be the most advantageous to the college considering the evaluation factors set forth in the request for proposals.</text> </level> <level label="h"> <text>The board of trustees may reject any and all proposals and readvertise for other offers.</text> </level> </section> <section article="ged" article_name="Education" number="16-314" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>The board of trustees may provide for sole source procurement contracts in accordance with the provisions of this section.</text> </level> <level label="b"> <level label="1"> <text>Whenever the procurement officer determines that there is only one available source for the subject of a procurement contract, the procurement officer may award the procurement contract without competition to that source.</text> </level> <level label="2"> <text>Before awarding a procurement contract to a sole source, the procurement officer shall obtain:</text> <level label="i"> <text>The approval of the board of trustees; and</text> </level> <level label="ii"> <text>Any other approval required by law.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="16-314.1" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>This section applies to contracts in amounts not exceeding $100,000.</text> </level> <level label="b"> <text>The Board of Trustees of the Community College of Baltimore County may award a procurement contract on the basis of noncompetitive negotiation:</text> <level label="1"> <text>For unsolicited offers that:</text> <level label="i"> <text>Are in writing;</text> </level> <level label="ii"> <text>Are sufficiently detailed to allow a judgment regarding the potential utility of the offer;</text> </level> <level label="iii"> <text>Are unique or innovative;</text> </level> <level label="iv"> <text>Demonstrate the proprietary character of the offering warranting consideration of the use of competitive negotiation;</text> </level> <level label="v"> <text>May be subject to testing under terms and conditions specified by the Director of Purchasing; and</text> </level> <level label="vi"> <text>Cannot be procured through competitive methodologies;</text> </level> </level> <level label="2"> <text>For the procurement of goods or services related to instruction or curriculum development;</text> </level> <level label="3"> <text>For the procurement of services related to private fund–raising activities; or</text> </level> <level label="4"> <text>Under other circumstances when the Director of Purchasing determines that noncompetitive negotiation is in the best interests of the College and the State.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board of Trustees of the Community College of Baltimore County shall establish standards and procedures for the application of subsection (b) of this section to a particular transaction.</text> </level> <level label="2"> <text>The standards and procedures shall require:</text> <level label="i"> <text>The office, division, or department requesting noncompetitive negotiation to submit a written justification to the Director of Purchasing;</text> </level> <level label="ii"> <text>A written determination by the Director of Purchasing that noncompetitive negotiation is in the best interest of the College and the State; and</text> </level> <level label="iii"> <text>The written approval of the award of the contract on the basis of noncompetitive negotiation by the Board of Trustees.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="16-315" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>The Commission shall adopt guidelines for financial record keeping and the preparation of annual audit reports by the community colleges. The community colleges shall comply with the guidelines of the Commission.</text> </level> <level label="b"> <text>Each community college in the State shall have an annual audit of its books of accounts, accounting procedures and principles, and other fiscal and operational methods and procedures in accordance with guidelines as prescribed by the Commission. A copy of the audit report, together with the related management letter, shall be submitted to the Commission for review and assessment and to the Legislative Auditor within 90 days of the close of each fiscal year. The Commission shall ascertain that the community colleges are audited in accordance with this section.</text> </level> <level label="c"> <text>The Commission shall evaluate audit reports and related management letters for purposes of determining material weaknesses and assessing which recommendations should be considered for implementation. If a community college establishes to the satisfaction of the Commission that a recommendation in an audit report or related management letter has been satisfactorily addressed and should not be implemented, then the Commission shall notify the Legislative Auditor of the reasons for not implementing the recommendation. If the Commission finds that satisfactory progress has not been made toward correcting recurring material weaknesses or implementing any other audit recommendations which the Commission deems appropriate, then with due notice to the community college, the Commission shall direct the State Comptroller to withhold aid payments or any portion of aid payments due a college under this article.</text> </level> <level label="d"> <text>The Legislative Auditor may upon the Legislative Auditor’s own initiative perform the required annual audits. However, notification of such intent must be given to each affected community college before the start of the fiscal year to be audited.</text> </level> <level label="e"> <text>The Legislative Auditor may be directed to undertake special audits of any community college by the Joint Audit and Evaluation Committee at State expense.</text> </level> <level label="f"> <text>An audit performed by an official auditor of any county or Baltimore City approved by the Commission shall satisfy the annual audit requirement if it otherwise meets the requirements of this section.</text> </level> <level label="g"> <text>The cost of the annual audit required by this section is the responsibility of the community college.</text> </level> <level label="h"> <text>Each year the Legislative Auditor shall submit a report to the Commission and, subject to § 2–1257 of the State Government Article, the Joint Audit and Evaluation Committee and the Executive Director of the Department of Legislative Services, on the results of the annual and special community college audits.</text> </level> <level label="i"> <text>Nothing contained in this section may be construed to prohibit a periodic or special audit by an official auditor of any county providing funds for a community college.</text> </level> </section> <section article="ged" article_name="Education" number="16-316" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <text>Remuneration of an employee on account of sickness or accident of the employee shall be paid and treated as sick pay and not as continuation of salary.</text> </section> <section article="ged" article_name="Education" number="16-318" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Computer-based instructional technology” has the meaning stated in § 12-101 of this article.</text> </level> <level label="3"> <text>“Technology” has the meaning stated in § 12-101 of this article.</text> </level> </level> <level label="b"> <text>By January 1, 2007, the board of community college trustees for each community college shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.</text> </level> <level label="c"> <text>The nonvisual access clause developed under subsection (b) 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.</text> </level> </section> <section article="ged" article_name="Education" number="16-319" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <text>The Commission shall establish and administer a grant program for supplemental services and supports for students with disabilities in community colleges.</text> </level> <level label="b"> <text>The Commission, in cooperation with the Department of Disabilities, shall:</text> <level label="1"> <text>Establish a competitive review process for the awarding of grants to community colleges; and</text> </level> <level label="2"> <text>Adopt any other guidelines or regulations necessary for the administration of this section.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-320" title_number="16" title_name="Community Colleges" subtitle_number="3" subtitle_name="Fiscal Matters"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Community college” includes Baltimore City Community College.</text> </level> <level label="3"> <text>“Eligible project” means a facility renewal project, including improvements, repairs, and deferred maintenance, that has a total estimated cost of not more than $1,000,000 and has been submitted to the Commission as part of an annual master plan or a 10–year master plan.</text> </level> <level label="4"> <text>“Program” means the Community College Facilities Renewal Grant Program.</text> </level> </level> <level label="b"> <level label="1"> <text>There is a Community College Facilities Renewal Grant Program that shall provide State funds to community colleges for improvements, repairs, and deferred maintenance projects in accordance with this section.</text> </level> <level label="2"> <text>The Commission shall administer the Program.</text> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>In fiscal years 2019 through 2021, the Governor shall annually appropriate in the operating budget of the Commission an amount equal to 5% of the appropriation to the Community College Construction Grant Program in the same fiscal year.</text> </level> <level label="ii"> <text>In fiscal year 2022 and each fiscal year thereafter, the Governor shall annually appropriate in the operating or capital budget of the Commission an amount equal to 5% of the appropriation to the Community College Construction Grant Program in the same fiscal year.</text> </level> </level> <level label="2"> <text>The appropriation required under paragraph (1) of this subsection shall be in addition to and may not supplant the amount appropriated to the Community College Construction Grant Program in the State budget.</text> </level> </level> <level label="d"> <level label="1"> <text>On or before September 1 of the fiscal year preceding the fiscal year of the grant award, a community college shall provide to the Commission information about the eligible project for which the community college is requesting a grant.</text> </level> <level label="2"> <level label="i"> <text>The Commission may make up to eight grants in each fiscal year.</text> </level> <level label="ii"> <level label="1"> <text>Subject to subsubparagraph 2 of this subparagraph, a community college may not receive a grant in 2 consecutive fiscal years.</text> </level> <level label="2"> <text>If a community college does not request funds in a fiscal year, the community college may not receive a grant until the second following fiscal year.</text> </level> </level> <level label="iii"> <level label="1"> <text>Subject to subsubparagraph 2 of this subparagraph, a community college may not receive more than $500,000 in a fiscal year under the Program.</text> </level> <level label="2"> <text>If the appropriation provided under subsection (c) of this section is less than $4,000,000 in a fiscal year, the appropriation shall be awarded equally to each community college that is eligible for a grant in that fiscal year.</text> </level> <level label="3"> <text>Subject to the limitation established in subsubparagraph 1 of this subparagraph, a community college may receive funding for more than one eligible project in a fiscal year.</text> </level> </level> <level label="iv"> <text>The Commission shall consult with each community college to determine which community colleges will receive a grant for eligible projects under the Program in each fiscal year.</text> </level> </level> </level> <level label="e"> <text>The Commission, in collaboration with the community colleges, shall adopt any regulations necessary to carry out the provisions of this section.</text> </level> </section> <section article="ged" article_name="Education" number="16-401" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <level label="1"> <text>The Board of Community College Trustees for Anne Arundel County consists of 10 members appointed by the Governor, with the advice and consent of the Senate.</text> </level> <level label="2"> <text>Each member shall be a resident of Anne Arundel County.</text> </level> <level label="3"> <text>Except as provided in subsection (b)(2) of this section:</text> <level label="i"> <text>The term of a member is 4 years; and</text> </level> <level label="ii"> <text>A member may not serve for more than three consecutive full terms.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>One of the members shall be a regularly enrolled student in good standing at Anne Arundel Community College.</text> </level> <level label="2"> <text>The student member shall:</text> <level label="i"> <text>Be nominated in the manner determined by the student body of Anne Arundel Community College;</text> </level> <level label="ii"> <text>Have the qualifications required to be student body president of Anne Arundel Community College; and</text> </level> <level label="iii"> <text>Serve for a term of 1 year, beginning July 1 and ending on June 30.</text> </level> </level> </level> <level label="c"> <text>To the extent practicable, when appointing the members of the Board, the Governor shall take into consideration the geographic and ethnic representation of Anne Arundel County so that all segments of the population of the county are represented on the Board.</text> </level> </section> <section article="ged" article_name="Education" number="16-402" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>The Board of Community College Trustees for Baltimore County consists of 11 members appointed by the Governor, with the advice and consent of the Senate.</text> </level> <level label="b"> <text>Of the members:</text> <level label="1"> <text>2 serve at large; and</text> </level> <level label="2"> <text>9 serve from the 9 councilmanic districts in Baltimore County, 1 from each district.</text> </level> </level> <level label="c"> <level label="1"> <text>The term of a member is 5 years and begins on July 1.</text> </level> <level label="2"> <text>A member may not serve for more than 2 consecutive terms.</text> </level> </level> <level label="d"> <level label="1"> <text>The Governor shall appoint a chairperson from among the members of the Board as of July 1, 1997.</text> </level> <level label="2"> <text>The chairperson appointed by the Governor shall serve until June 30, 2000.</text> </level> <level label="3"> <text>For the year beginning July 1, 2000, and each year thereafter, the Board shall elect a chairperson from among the members of the Board.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-406" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <level label="1"> <text>The Board of Trustees of Chesapeake College consists of two members from each county that supports Chesapeake College who shall be appointed by the Governor, with the advice and consent of the House of Delegates.</text> </level> <level label="2"> <text>The county superintendents of schools in the region are not ex officio members.</text> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>The term of a member is 5 years and begins on July 1.</text> </level> <level label="ii"> <text>A member continues to serve until a successor is appointed and qualifies.</text> </level> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, a member appointed to begin a full term on or after July 1, 2006, may not serve for more than three 5-year full terms.</text> </level> <level label="ii"> <text>A term of a member that began before July 1, 2006, does not count toward the term limit established in subparagraph (i) of this paragraph.</text> </level> </level> </level> <level label="c"> <text>Each member of the Board:</text> <level label="1"> <text>Serves without compensation; and</text> </level> <level label="2"> <text>Is entitled to reimbursement for expenses in accordance with applicable travel regulations.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-407" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>The Board of Community College Trustees for Frederick County consists of seven members. Of the members:</text> <level label="1"> <text>Each shall be a resident of Frederick County; and</text> </level> <level label="2"> <text>Each shall be appointed by the Governor, with the advice and consent of the Senate, for a term of 5 years.</text> </level> </level> <level label="b"> <level label="1"> <text>A member of the Board of Community College Trustees may not serve more than three consecutive 5–year terms.</text> </level> <level label="2"> <text>A member of the Frederick County Board of Education may not serve on the Board of Community College Trustees.</text> </level> </level> <level label="c"> <text>Each member of the Board is entitled to $500 a year for expenses.</text> </level> <level label="d"> <text>Each meeting of the Board shall include an opportunity for public comment.</text> </level> <level label="e"> <level label="1"> <text>The Board shall make a video or audio recording of each meeting of the Board.</text> </level> <level label="2"> <text>The Board shall make a recording required under paragraph (1) of this subsection available to the public on the Board’s website without charge and, to the extent practicable, within 2 business days after the recording is made.</text> </level> </level> <level label="f"> <level label="1"> <text>The Board shall maintain in perpetuity a video or audio recording required under subsection (e) of this section and any minutes of the Board.</text> </level> <level label="2"> <text>The Board may transcribe a video recording required under subsection (e) of this section if:</text> <level label="i"> <text>The video recording has been maintained for at least 5 years; and</text> </level> <level label="ii"> <text>The transcribed video recording is maintained in perpetuity.</text> </level> </level> </level> <level label="g"> <text>As part of ongoing training for Board members and at least every 2 years, the Board members shall undergo training specific to board governance, structure, responsibilities, and roles.</text> </level> </section> <section article="ged" article_name="Education" number="16-407.1" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>There is a Hagerstown Community College Police Force.</text> </level> <level label="b"> <level label="1"> <text>A Hagerstown Community College police officer has the powers granted to a peace and police officer.</text> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, a Hagerstown Community College police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of Hagerstown Community College.</text> </level> <level label="ii"> <text>The police officer may exercise these powers on any other property if:</text> <level label="1"> <text>Engaged in fresh pursuit of a suspected offender;</text> </level> <level label="2"> <text>Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of Hagerstown Community College;</text> </level> <level label="3"> <text>Ordered to do so by the Governor; or</text> </level> <level label="4"> <text>In Washington County when:</text> </level> <level label="A"> <text>Responding to an imminent threat to life, property, or public safety; or</text> </level> <level label="B"> <text>Complying with a memorandum of understanding between the Hagerstown Community College Police Force and another law enforcement agency with jurisdiction.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Hagerstown Community College Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Hagerstown Community College police officers, including standards for the performance of their duties.</text> </level> <level label="2"> <text>To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.</text> </level> </level> <level label="d"> <text>The Hagerstown Community College Board of Trustees shall adopt regulations governing the operation and conduct of the Hagerstown Community College Police Force and of Hagerstown Community College police officers.</text> </level> <level label="e"> <text>Nothing in this section may be construed to:</text> <level label="1"> <text>Supersede the authority or jurisdiction of:</text> <level label="i"> <text>The Washington County Sheriff’s Office; or</text> </level> <level label="ii"> <text>Any other law enforcement agency, as defined in § 1–101(c) of the Public Safety Article; or</text> </level> </level> <level label="2"> <text>Limit the authority or jurisdiction of the Hagerstown Community College Police Force authorized under § 5–802 of the Criminal Law Article.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-407.2" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>There is an Anne Arundel Community College Police Force.</text> </level> <level label="b"> <level label="1"> <text>An Anne Arundel Community College police officer has the powers granted to a peace and police officer.</text> </level> <level label="2"> <level label="i"> <text>An Anne Arundel Community College police officer may exercise these powers only on property that is owned, leased, or operated by or under the control of Anne Arundel Community College.</text> </level> <level label="ii"> <text>The police officer may not exercise these powers on any other property unless:</text> <level label="1"> <text>Engaged in fresh pursuit of a suspected offender;</text> </level> <level label="2"> <text>Necessary to facilitate the orderly flow of traffic to and from property owned, leased, or operated by or under the control of Anne Arundel Community College; or</text> </level> <level label="3"> <text>Ordered to do so by the Governor.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Anne Arundel Community College Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Anne Arundel Community College police officers, including standards for the performance of their duties.</text> </level> <level label="2"> <text>To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.</text> </level> </level> <level label="d"> <text>The Anne Arundel Community College Board of Trustees shall adopt regulations governing the operation and conduct of the Anne Arundel Community College Police Force and of Anne Arundel Community College police officers.</text> </level> </section> <section article="ged" article_name="Education" number="16-408" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <level label="1"> <text>The Harford Community College Board of Trustees consists of nine members appointed from the county at large.</text> </level> <level label="2"> <text>Subject to paragraph (3) of this subsection, each of the members shall be:</text> <level label="i"> <text>A resident of Harford County for the duration of the member’s term; and</text> </level> <level label="ii"> <text>Appointed by the Governor for terms of 5 years.</text> </level> </level> <level label="3"> <text>No member may be a member of the Harford County Board of Education while serving as a member of the Board.</text> </level> </level> <level label="b"> <text>A member of the Board may not serve for more than two consecutive 5–year terms.</text> </level> <level label="c"> <text>To the extent practicable, when appointing members to the Board, the Governor shall take into consideration the geographic and ethnic representation of Harford County so that all segments of the population of the county are represented on the Board.</text> </level> </section> <section article="ged" article_name="Education" number="16-408.1" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <text>At least twice annually, the President of Harford Community College and the Superintendent of Harford County Public Schools shall meet to discuss issues of mutual concern.</text> </section> <section article="ged" article_name="Education" number="16-409" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>The Boards of Directors of the Harford Educational Foundation and of the Harford Community College Foundation, Inc. have the authority to effect a merger of the two corporations under the provisions of Title 3 of the Corporations and Associations Article.</text> </level> <level label="b"> <text>The articles of merger shall:</text> <level label="1"> <text>Be in writing;</text> </level> <level label="2"> <text>Be filed with the State Department of Assessments and Taxation;</text> </level> <level label="3"> <text>Be recorded with the corporate records of the Circuit Court in Harford County; and</text> </level> <level label="4"> <text>Otherwise conform to the requirements of the State Department of Assessments and Taxation, as provided in the Corporations and Associations Article.</text> </level> </level> <level label="c"> <text>After the merger, the Harford Community College Foundation, Inc. shall be the sole surviving corporation.</text> </level> <level label="d"> <text>The articles of merger shall provide that:</text> <level label="1"> <text>The Board of Directors of the Harford Educational Foundation transfer the corporate assets to the Harford Community College Foundation, Inc.;</text> </level> <level label="2"> <text>The Harford Community College Foundation, Inc. administer the assets of the Harford Educational Foundation as a revolving loan fund;</text> </level> <level label="3"> <text>The Harford Community College pay all the costs to administer the revolving loan fund;</text> </level> <level label="4"> <text>In the event of a default by a student on a loan from the revolving loan fund, at the end of the fiscal year in which the default occurred, the Harford Community College Foundation, Inc. shall transfer to the revolving loan fund an amount equal to the amount of the defaulted loan; and</text> </level> <level label="5"> <text>In addition to any other powers granted and duties imposed on it, the Harford Community College Foundation, Inc. shall:</text> <level label="i"> <text>Act as trustee for the funds transferred from the Harford Educational Foundation under the trust agreements made between the donors and the Harford Educational Foundation;</text> </level> <level label="ii"> <text>Rename the Harford Educational Foundation the Harford Community College Student Loan Fund;</text> </level> <level label="iii"> <text>Accept funds by grant, gift, devise, or bequest from individuals and corporations to the Harford Community College Student Loan Fund to ensure the ability to promote scholarship; and</text> </level> <level label="iv"> <text>Administer funds accepted into the Harford Community College Student Loan Fund strictly in accordance with the purposes of the Fund.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>The Harford Community College Foundation, Inc. shall report its activities for the preceding year annually to the County Executive and County Council of Harford County.</text> </level> <level label="2"> <text>The finances of the Foundation are subject to annual audit, including the preparation of separate balance sheets for the Harford Community College Foundation, Inc. and the Harford Community College Student Loan Fund.</text> </level> </level> <level label="f"> <text>The Harford Community College Foundation, Inc. is exempt from the provisions of:</text> <level label="1"> <text>Bank licensing acts; and</text> </level> <level label="2"> <text>Title 11, Subtitles 2 and 3 of the Financial Institutions Article.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-410" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>The Board of Community College Trustees for Howard County consists of nine members appointed by the Governor with the advice and consent of the Senate.</text> </level> <level label="b"> <level label="1"> <text>Of the members, at least eight:</text> <level label="i"> <text>Shall be residents of Howard County at the time of appointment; and</text> </level> <level label="ii"> <text>Shall maintain residency in Howard County throughout the term of appointment.</text> </level> </level> <level label="2"> <text>The following, whichever is greater, shall constitute a quorum:</text> <level label="i"> <text>Four members; or</text> </level> <level label="ii"> <text>A majority of members actively serving.</text> </level> </level> </level> <level label="c"> <text>Each meeting of the Board shall include an opportunity for public comment.</text> </level> <level label="d"> <level label="1"> <text>The Board shall make a video or audio recording of each meeting of the Board.</text> </level> <level label="2"> <text>The Board shall make a recording required under paragraph (1) of this subsection available to the public on the Board’s website without charge and, to the extent practicable, within 2 business days after the recording is made.</text> </level> </level> <level label="e"> <text>As part of ongoing training for Board members and at least every 2 years, the Board members shall undergo training specific to board governance, structure, responsibilities, and roles.</text> </level> <level label="f"> <level label="1"> <text>Each year, the Board shall select an independent, nationally recognized survey instrument to carry out an anonymous survey on employee satisfaction at Howard Community College, and submit an unedited report on its survey findings directly to the Board.</text> </level> <level label="2"> <text>The Board shall redact any human resources or personnel–related feedback before any public release of survey results.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-410.1" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <text>On or before January 1, 2026, and each 6 months thereafter until a faculty union contract is finalized, the Board of Community College Trustees for Howard County shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of the faculty union contract.</text> </section> <section article="ged" article_name="Education" number="16-411" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>The Board of Community College Trustees for Montgomery County consists of 10 members appointed by the Governor from nominees submitted by the Nominating Committee. Except for the student member, the members are appointed with the advice and consent of the Senate.</text> </level> <level label="b"> <text>One of the members shall be an enrolled student in good standing at Montgomery Community College. The student member:</text> <level label="1"> <text>Shall be a resident of Montgomery County;</text> </level> <level label="2"> <text>May not be employed by Montgomery Community College;</text> </level> <level label="3"> <text>Serves for a term of 1 year, beginning July 1 and ending on June 30;</text> </level> <level label="4"> <text>Shall have a cumulative quality point average and a current semester quality point average of at least 2.0;</text> </level> <level label="5"> <text>Shall have successfully completed at least 18 credit hours at Montgomery Community College; and</text> </level> <level label="6"> <text>At the time of appointment and during the term of office, shall be enrolled in at least 6 credit hours at Montgomery Community College.</text> </level> </level> <level label="c"> <level label="1"> <text>The Nominating Committee consists of five members. Of the members:</text> <level label="i"> <text>Two shall be appointed by the County Council;</text> </level> <level label="ii"> <text>Two shall be appointed by the County Executive; and</text> </level> <level label="iii"> <text>One shall be appointed by the Montgomery Community College Alumni Association.</text> </level> </level> <level label="2"> <text>Each member of the Nominating Committee:</text> <level label="i"> <text>Shall be a resident of and a registered voter in Montgomery County;</text> </level> <level label="ii"> <text>Shall have a knowledge of and an interest in postsecondary education;</text> </level> <level label="iii"> <text>Shall have demonstrated an active interest in civic affairs;</text> </level> <level label="iv"> <text>May not be an officer of this State, Montgomery County, or any municipal corporation in Montgomery County or any of their agencies; and</text> </level> <level label="v"> <text>May not be an officer of, employed by, or subject to the authority of Montgomery Community College.</text> </level> </level> <level label="3"> <level label="i"> <text>Each member of the Nominating Committee serves for a term of 2 years from September 15 of the year of the member’s appointment and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the Board as of July 1, 1978.</text> </level> <level label="ii"> <text>A member appointed to fill a vacancy in an unexpired term is appointed by the body that appointed the member’s predecessor and serves only for the remainder of that term and until a successor is appointed and qualifies.</text> </level> </level> <level label="4"> <level label="i"> <text>Each year, the Nominating Committee shall elect one of its members as its chair.</text> </level> <level label="ii"> <text>The Committee may elect any other officer it requires.</text> </level> <level label="iii"> <text>The Committee may determine the place of its meetings and adopt rules for the conduct of its meetings.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>The Nominating Committee shall:</text> <level label="i"> <text>Notify the public of each vacancy on the Board of Community College Trustees;</text> </level> <level label="ii"> <text>Obtain recommendations from the faculty and students of the Community College and from other interested persons; and</text> </level> <level label="iii"> <text>Accept applications.</text> </level> </level> <level label="2"> <text>The Committee shall submit to the Governor the names of at least two, but not more than four of the candidates selected by the Committee:</text> <level label="i"> <text>On or before December 15 of the year before the term of a nonstudent member expires;</text> </level> <level label="ii"> <text>On or before April 15 of each year the term of a student member expires; and</text> </level> <level label="iii"> <text>When any other vacancy occurs.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="16-413" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <level label="1"> <text>Before it acquires any real property for a community college, the Board of Community College Trustees for Montgomery County shall make a written request to the commission or agency responsible for county land use planning for that commission’s confidential recommendations of appropriate sites.</text> </level> <level label="2"> <text>In its request, the Board of Trustees may request the commission to consider any sites the Board designates.</text> </level> <level label="3"> <text>The commission shall recommend sites that:</text> <level label="i"> <text>Meet the college’s needs;</text> </level> <level label="ii"> <text>Comply with State regulations; and</text> </level> <level label="iii"> <text>Conform as far as practical with the land use plans of the county.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Within 45 days after it receives a request from the Board of Trustees, the commission shall send its written recommendations for sites to the Board of Trustees.</text> </level> <level label="2"> <text>If the Board is unable to agree on a site from among the commission’s recommendations, the Board shall advise the County Council in writing of this fact and the Council may request that the commission reconsider the matter and resubmit recommendations for action by the Board.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board of Trustees shall select a preferred site and rank the other sites recommended by the commission in the order of their suitability and submit its ranking to the County Council. The Board may specify certain sites as unsuitable.</text> </level> <level label="2"> <text>The County Council shall approve or disapprove the Board’s selection within 45 days. If the County Council disapproves the preferred site:</text> <level label="i"> <text>The County Council shall indicate in writing its reasons; and</text> </level> <level label="ii"> <text>The Board shall select a different site from the ranking and resubmit it to the County Council.</text> </level> </level> </level> <level label="d"> <text>If the County Council approves a site, the Board may proceed with acquisition as provided by law.</text> </level> </section> <section article="ged" article_name="Education" number="16-414" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <level label="1"> <text>The Board of Community College Trustees for Prince George’s County consists of nine members.</text> </level> <level label="2"> <text>Each member shall be a resident of Prince George’s County.</text> </level> <level label="3"> <text>Except as provided in subsection (b)(2) of this section:</text> <level label="i"> <text>The term of a member is 5 years; and</text> </level> <level label="ii"> <text>A member may not serve for more than 2 consecutive terms.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Eight of the members shall be appointed by the Governor, with the advice and consent of the Senate, one from each legislative district in Prince George’s County.</text> </level> <level label="2"> <text>One of the members shall be a regularly enrolled student in good standing at Prince George’s Community College. The student member shall:</text> <level label="i"> <text>Be elected by the student body of the Community College in the same manner as other student government officers are elected;</text> </level> <level label="ii"> <text>Have the qualifications required to be student body president of Prince George’s Community College; and</text> </level> <level label="iii"> <text>Serve for a term of 1 year beginning July 1 and ending June 30 and if a vacancy occurs during this period, a special election shall be held to elect a successor for the remainder of that term.</text> </level> </level> </level> <level label="c"> <text>The cost of any election shall be paid by the student government.</text> </level> </section> <section article="ged" article_name="Education" number="16-415" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>Except for rentals of property under impartial policies that establish fees for various classes of renters, the Board of Trustees of Prince George’s Community College may not lease any property to any private person unless it complies with this section.</text> </level> <level label="b"> <text>The Board of Trustees shall advertise at least 2 weeks before the bids are due in one or more newspapers published in Prince George’s County.</text> </level> <level label="c"> <text>The lease shall be awarded to the highest responsible bidder and conform to any qualifications set by the Board of Trustees.</text> </level> </section> <section article="ged" article_name="Education" number="16-416" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>There is a program of county scholarships for not more than 200 students at Prince George’s Community College.</text> </level> <level label="b"> <text>The county scholarships shall be awarded by the Community College on the basis of:</text> <level label="1"> <text>Academic merit; and</text> </level> <level label="2"> <text>Financial need.</text> </level> </level> <level label="c"> <text>Each scholarship shall pay for tuition for 1 year.</text> </level> <level label="d"> <text>Each year, the Prince George’s County Executive shall include money for the county scholarships in the county budget.</text> </level> </section> <section article="ged" article_name="Education" number="16-417" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>The Board of Trustees of Prince George’s Community College shall establish an affirmative action program to facilitate the employment of minority employees, including faculty and administrative and clerical staff.</text> </level> <level label="b"> <text>The Board of Trustees shall submit a report on the implementation of the affirmative action program established under subsection (a) of this section to the Chairmen of the Prince George’s County House of Delegates and Senate delegations by January 1 of each year.</text> </level> </section> <section article="ged" article_name="Education" number="16-418" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <text>Notwithstanding the provisions of § 16-301(f) of this title, before any capital budget request made by Wor-Wic Community College is effective all of the counties that support that College shall give their written assent to the capital budget.</text> </section> <section article="ged" article_name="Education" number="16-419" title_number="16" title_name="Community Colleges" subtitle_number="4" subtitle_name="County Provisions"> <level label="a"> <text>The Board of Community College Trustees for Washington County consists of seven members appointed by the Governor with the advice and consent of the Senate.</text> </level> <level label="b"> <text>Each of the members:</text> <level label="1"> <text>Shall be residents of Washington County at the time of appointment; and</text> </level> <level label="2"> <text>Shall maintain residency in Washington County throughout the term of appointment.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-501" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>The establishment of Baltimore City Community College is based on the findings and policies set forth in this section.</text> </level> <level label="b"> <level label="1"> <text>Public higher education should be accessible to all those who seek and qualify for admission.</text> </level> <level label="2"> <text>There is a need for an effective comprehensive urban community college in Baltimore City offering educational programs that will stimulate the participation of individuals, be responsive to the needs of the community, and afford open access to individuals with a variety of educational backgrounds.</text> </level> <level label="3"> <text>Businesses in the Baltimore metropolitan area are undergoing an economic transition and need and must be ready to make extensive use of and provide financial support for an effective, well-managed urban institution to train and educate their employees and prospective employees in skills and fields of study of importance to the region’s business community.</text> </level> <level label="4"> <text>A partnership between the State and business community is essential to attain the requisite level of financial support to create and sustain a quality institution that is responsive to the technological and continuing education needs of businesses.</text> </level> </level> <level label="c"> <text>The purpose of the College is to provide quality, accessible, and affordable education to the citizens of Baltimore in the areas of basic skills, technical and career education, continuing education, and the arts and sciences.</text> </level> </section> <section article="ged" article_name="Education" number="16-502" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board of Trustees” means the Board of Trustees of Baltimore City Community College.</text> </level> <level label="c"> <text>“College” means Baltimore City Community College, formerly known as the New Community College of Baltimore.</text> </level> <level label="d"> <text>“Commission” means the Maryland Higher Education Commission.</text> </level> <level label="e"> <text>“Full–time equivalent student” means the quotient of the number of student credit hours, including those earned by a P–TECH student as provided under § 7–1804(c) of this article, produced in the fiscal year 2 years prior to the fiscal year for which the State appropriation is calculated divided by 30, as certified by the Maryland Higher Education Commission.</text> </level> <level label="f"> <text>“Officer” means the president and the vice presidents of the College and other officers as shall be appointed by the Board of Trustees.</text> </level> <level label="g"> <text>“Secretary” means the Secretary of Higher Education.</text> </level> <level label="h"> <text>“State appropriation” means the amount of money for Baltimore City Community College operating funds to be provided each fiscal year to the Board of Trustees by the State.</text> </level> <level label="i"> <text>“Student credit hours” means student credit hours or contact hours which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.</text> </level> </section> <section article="ged" article_name="Education" number="16-503" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>There is a Baltimore City Community College, formerly known as the New Community College of Baltimore located in Baltimore City, Maryland, which shall, with other educational institutions, provide the services and programs described in § 10-210 of this article.</text> </level> <level label="b"> <text>The College is an institution of higher education of the State of Maryland.</text> </level> <level label="c"> <text>Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible.</text> </level> </section> <section article="ged" article_name="Education" number="16-504" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>The government of the College is vested in the Board of Trustees of the College.</text> </level> <level label="b"> <level label="1"> <text>The Board of Trustees consists of nine voting members:</text> <level label="i"> <text>Six members appointed by the Governor with the advice and consent of the Senate, including the student member;</text> </level> <level label="ii"> <text>One member jointly appointed by the President of the Senate and the Speaker of the House of Delegates, who shall serve as chair of the Board;</text> </level> <level label="iii"> <text>The Chief Executive Officer of the Baltimore City Public Schools, or the Chief Executive Officer’s designee, who shall serve as an ex officio member; and</text> </level> <level label="iv"> <text>The Executive Director of the Mayor’s Office of Employment Development, who shall serve as an ex officio member.</text> </level> </level> <level label="2"> <text>Of the members:</text> <level label="i"> <text>Each shall be a resident of the State;</text> </level> <level label="ii"> <text>A majority shall be residents of Baltimore City; and</text> </level> <level label="iii"> <text>One shall be a regularly enrolled student in good standing at the College.</text> </level> </level> <level label="3"> <text>The members of the Board shall, to the extent practicable, consist of at least:</text> <level label="i"> <text>One individual with a background in higher education;</text> </level> <level label="ii"> <text>One individual with a background in procurement and finance;</text> </level> <level label="iii"> <text>One individual with a background in workforce development; and</text> </level> <level label="iv"> <text>One high level executive from a large employer located in Baltimore City.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The student member shall have a term of 1 year beginning July 1 and ending on June 30.</text> </level> <level label="2"> <text>Except for the student member, the term is 6 years from July 1 of the year of appointment and until a successor is appointed and qualifies.</text> </level> <level label="3"> <text>The terms of the members are staggered, as required by the terms provided for members of the Board on July 1, 2017.</text> </level> <level label="4"> <text>A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term or until a successor is appointed and qualifies.</text> </level> <level label="5"> <text>A member may be reappointed but may not serve more than 2 consecutive full terms.</text> </level> </level> <level label="d"> <text>Each member of the Board of Trustees:</text> <level label="1"> <text>Serves without compensation; and</text> </level> <level label="2"> <text>Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.</text> </level> </level> <level label="e"> <text>Except as provided in subsection (b)(1)(ii) of this section, the Board of Trustees may elect any other officers it requires.</text> </level> <level label="f"> <level label="1"> <text>The Board of Trustees shall meet regularly at such times and places as it determines.</text> </level> <level label="2"> <text>The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business.</text> </level> </level> <level label="g"> <text>A majority of the voting members shall constitute a quorum for the transaction of business.</text> </level> </section> <section article="ged" article_name="Education" number="16-505" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section.</text> </level> <level label="b"> <level label="1"> <text>The Board of Trustees shall exercise general control over the College and establish broad policy and long–range planning to effect the efficient operation of the College.</text> </level> <level label="2"> <text>The Board of Trustees may not participate in the day–to–day operations of the College.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board of Trustees shall:</text> <level label="i"> <text>On or before December 1, 2018, review, revise, and update the strategic plan for the College;</text> </level> <level label="ii"> <text>Review and strategically align core course offerings of the College, consistent with accreditation requirements, and focused on the needs of:</text> <level label="1"> <text>Students at the College; and</text> </level> <level label="2"> <text>The workforce in Baltimore City;</text> </level> </level> <level label="iii"> <text>Make workforce development and job placement top educational priorities of the College;</text> </level> <level label="iv"> <text>Improve student pathways to success, including remedial education, attainment of a degree or a postsecondary certificate, and transfer to 4–year institutions of higher education;</text> </level> <level label="v"> <text>Enter into memoranda of understanding in order to establish student pathways to success with the Baltimore City Public School System, institutions of higher education, and employers;</text> </level> <level label="vi"> <text>Align the budget of the College with realistic enrollment projections;</text> </level> <level label="vii"> <text>Engage in a comprehensive review of all positions, faculty, and staff at the College;</text> </level> <level label="viii"> <text>Establish strong relationships with key stakeholders, including:</text> <level label="1"> <text>The Mayor of Baltimore City;</text> </level> <level label="2"> <text>The Mayor’s Office of Employment Development;</text> </level> <level label="3"> <text>The Baltimore City Public School System;</text> </level> <level label="4"> <text>Institutions of higher education located in Baltimore City;</text> </level> <level label="5"> <text>State agencies, including the Maryland Department of Labor;</text> </level> <level label="6"> <text>Private employers; and</text> </level> <level label="7"> <text>Business and community organizations;</text> </level> </level> <level label="ix"> <text>Develop and market a brand for the College;</text> </level> <level label="x"> <text>Address the information technology and infrastructure needs of the College, including whether oversight by the Department of Information Technology is advisable;</text> </level> <level label="xi"> <text>Develop or sell all unused or underutilized real estate holdings, including the Inner Harbor site;</text> </level> <level label="xii"> <text>Identify any barriers in State or local laws or regulations that impede the ability of the College to operate efficiently and effectively, including procurement and capital construction projects;</text> </level> <level label="xiii"> <text>Adopt reasonable rules, regulations, and bylaws to carry out the provisions of this subtitle and §§ 10–204 and 10–211 of this article; and</text> </level> <level label="xiv"> <text>Keep separate records and minutes.</text> </level> </level> <level label="2"> <text>Except with respect to skilled service employee grievance appeals, Title 10, Subtitles 1 and 2 of the State Government Article (“Administrative Procedure Act”) does not apply to the Board of Trustees.</text> </level> </level> <level label="d"> <level label="1"> <text>Subject to the provisions of paragraph (2) of this subsection and the provisions of § 16–511(d)(3) of this subtitle, the Board of Trustees may receive, purchase, lease, or otherwise acquire property it considers necessary or useful for the operation of the College.</text> </level> <level label="2"> <text>Subject to appropriations and the prior approval of the Board of Public Works, the Board of Trustees may receive, purchase, lease, or otherwise acquire real property.</text> </level> </level> <level label="e"> <level label="1"> <text>The Board of Trustees may sell, lease, encumber, or otherwise dispose of assets or property of the College, other than any real property, improvement to real property, or license.</text> </level> <level label="2"> <text>Subject to the prior approval of the Board of Public Works, the Board of Trustees may sell, lease, encumber, or otherwise dispose of any real property, improvement to real property, or license of the College.</text> </level> <level label="3"> <level label="i"> <text>All proceeds and income from any sale, lease, disposition, encumbrance, or development of any property, right, or interest of the College shall be used for the benefit of the College and may not revert to the general funds of the State or be applied to the Annuity Bond Fund of the State.</text> </level> <level label="ii"> <level label="1"> <text>The proceeds and income from the sale of any real property, improvement to real property, or license of the College shall be deposited in a special fund.</text> </level> <level label="2"> <text>The principal of the special fund may be used for capital expenditures, subject to the approval of the Board of Public Works on a pay–as–you–go basis, and may not be used to pay the operating expenses of the College.</text> </level> <level label="3"> <text>The Board of Trustees shall develop the commercial potential of the Inner Harbor site or determine that the Inner Harbor site should be sold to maximize revenue to the College without jeopardizing the educational mission of the College.</text> </level> </level> </level> </level> <level label="f"> <text>The Board of Trustees may apply for, accept, and spend any gift or grant from any government, foundation, or person.</text> </level> <level label="g"> <level label="1"> <text>The Board of Trustees shall fix the tuition and fees to be paid by students and shall do so with a view to making college education available at low cost.</text> </level> <level label="2"> <level label="i"> <text>Except as otherwise provided in paragraph (4) of this subsection, the Board of Trustees shall assess each student who is not a resident of this State, in addition to the student tuition and fees paid by residents, an out–of–state fee at least equal to 60 percent of the amount of State support for the College per full–time equivalent student.</text> </level> <level label="ii"> <text>The Board of Trustees may waive the out–of–state fee as determined in subparagraph (i) of this paragraph for a student who is employed by a business located in the City of Baltimore.</text> </level> <level label="iii"> <text>Any student attending the College who receives a tuition waiver as provided by subparagraph (ii) of this paragraph shall not be included as an in–State resident for computation of State aid to the College in accordance with § 16–512 of this subtitle.</text> </level> <level label="iv"> <text>The Board of Trustees may waive the out–of–state fee as determined in subparagraph (i) of this paragraph for a student who resides in the State but does not meet the in–State residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of the Base Realignment and Closure process as announced by the United States Department of Defense.</text> </level> <level label="v"> <text>Any student attending the College who receives a tuition waiver under subparagraph (iv) of this paragraph shall be included as an in–State resident for computation of State aid to the College in accordance with § 16–512 of this subtitle.</text> </level> </level> <level label="3"> <text>For purposes of this subsection, the number of full–time equivalent students is the quotient of the number of student credit hours produced in the fiscal year divided by 30.</text> </level> <level label="4"> <text>A student who is not a resident of the State shall be considered a resident for purposes of assessing tuition and fees to the extent that such student would be eligible for in–county status under the provisions of § 16–310(a)(4) or (f) of this title.</text> </level> <level label="5"> <text>The Board of Trustees shall set tuition and fees for students who are residents of counties in this State other than Baltimore City at the same rate as the tuition and fees charged to students who reside in Baltimore City.</text> </level> </level> <level label="h"> <level label="1"> <text>In accordance with § 16–505.1 of this subtitle, the Board of Trustees shall appoint a President of the College who shall be the Chief Executive Officer of the College and the Chief of Staff for the Board of Trustees.</text> </level> <level label="2"> <text>The Board of Trustees may create other offices in the College and provide for the appointment of qualified persons to those offices.</text> </level> <level label="3"> <level label="i"> <text>The Board of Trustees shall appoint an interim president to carry out the duties of the President within 90 days after the office of the President becomes vacant.</text> </level> <level label="ii"> <text>The interim president may not be a member of the Board of Trustees.</text> </level> </level> <level label="4"> <level label="i"> <text>Notwithstanding any other provision of law, the Board of Trustees may create any position to the extent that the cost of the position, including any fringe benefit costs, is funded from grant or special project funds.</text> </level> <level label="ii"> <text>The Board of Trustees shall abolish a position created under this paragraph when the grant or special project funds are insufficient to fund the cost of the position, including any fringe benefit costs.</text> </level> <level label="iii"> <text>This paragraph may not be construed to require any additional State General Fund support.</text> </level> <level label="iv"> <text>By September 1 of each year, the Board of Trustees shall submit an annual position accountability report to the Department of Budget and Management, in accordance with § 2–1257 of the State Government Article, the Department of Legislative Services, and the Commission reporting the total positions created and the cost and the funding source for any positions created by the College in the previous fiscal year.</text> </level> <level label="v"> <text>The total number of positions authorized under this paragraph shall be limited as specified annually in the State budget bill.</text> </level> </level> </level> <level label="i"> <text>Subject to the authority of the Commission, the Board of Trustees may:</text> <level label="1"> <text>Establish entrance requirements for the College;</text> </level> <level label="2"> <text>Approve courses and programs;</text> </level> <level label="3"> <text>Adopt and change curricula;</text> </level> <level label="4"> <text>Establish and change requirements for the awarding of credits and degrees and for graduation;</text> </level> <level label="5"> <text>Work with the Commission to establish cooperative program agreements that qualify as statewide programs in accordance with § 16–310(d) of this title; and</text> </level> <level label="6"> <text>Develop effective relationships and cooperative programs with the Baltimore City Public School System to assure that high school students are encouraged to enroll in the College.</text> </level> </level> <level label="j"> <text>The Board of Trustees may fix the salaries and terms of employment of the President, faculty, and officers of the College.</text> </level> <level label="k"> <text>In addition to any performance evaluation required by regulation of the Department of Budget and Management, the Board of Trustees shall evaluate the performance of the faculty of the College in a form developed in cooperation with the Commission.</text> </level> <level label="l"> <text>The Board of Trustees may enter into contracts or delegate that authority to the President.</text> </level> <level label="m"> <text>On the recommendation of the President, the Board of Trustees shall designate one or more representatives to participate as a party in collective bargaining on behalf of the College in accordance with Title 3 of the State Personnel and Pensions Article.</text> </level> </section> <section article="ged" article_name="Education" number="16-505.1" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <text>At a minimum, the President of the College shall meet the following criteria:</text> <level label="1"> <text>A commitment to lifelong learning and achievement;</text> </level> <level label="2"> <text>Academic leadership skills to determine future priorities, strategic initiatives, new programs or methods of program delivery, and evaluation of accountability for current programs;</text> </level> <level label="3"> <text>The vision and skills to develop and implement a focus, vision, and strategies for the College that address the critical academic, career, and continuing education roles of the College;</text> </level> <level label="4"> <text>The ability to articulate effectively the College’s focus, vision, and strategies for the future to a wide range of stakeholders and the public;</text> </level> <level label="5"> <text>The ability to develop new and improved partnerships between the College and Baltimore City, the Baltimore City Public School System, institutions of higher education located in Baltimore City, business and workforce sectors, religious, civic, and professional communities, and the State;</text> </level> <level label="6"> <text>The ability to enhance the College’s role in the continuing economic and workforce development of the region, including upgrading the skills of young people and adults to obtain employment that supports families and attracts new employers to the region; and</text> </level> <level label="7"> <text>A dedication to serving all of the stakeholders of the College in Baltimore City and the State.</text> </level> </section> <section article="ged" article_name="Education" number="16-505.2" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <text>On or before December 1 each year, the Board of Trustees shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Energy, and the Environment Committee and the House Appropriations Committee of the General Assembly regarding its progress in implementing the duties and responsibilities listed under § 16–505(c) of this subtitle.</text> </section> <section article="ged" article_name="Education" number="16-505.3" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <level label="1"> <text>Except as provided in § 11–203(e) of the State Finance and Procurement Article, the College is exempt from Division II of the State Finance and Procurement Article.</text> </level> <level label="2"> <level label="i"> <text>Subject to review and approval by the Board of Public Works and the Joint Committee on Administrative, Executive, and Legislative Review of the General Assembly, the Board of Trustees shall develop policies and procedures governing procurements by the College, including policies and procedures governing conflict of interest issues.</text> </level> <level label="ii"> <text>The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of State procurement law as set forth in § 11–201 of the State Finance and Procurement Article.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The Board of Trustees shall develop an information technology plan for the College that includes information technology policies and standards, including policies and standards for information management and telecommunication systems.</text> </level> <level label="2"> <text>The information technology plan developed under paragraph (1) of this subsection shall be functionally compatible with the statewide information technology master plan established under Title 3A, Subtitle 3 of the State Finance and Procurement Article and meet the requirements of § 16–505(c)(1)(x) of this subtitle.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-506" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>The President of the College shall:</text> <level label="1"> <text>Report directly to the Board of Trustees and be the sole liaison between the Board of Trustees and the College’s faculty, administrators, and staff;</text> </level> <level label="2"> <text>Be responsible and accountable to the Board of Trustees for the discipline and successful conduct of the College and supervision of each of its departments;</text> </level> <level label="3"> <text>Take every initiative in:</text> <level label="i"> <text>Implementing the policies of the Board of Trustees and the College; and</text> </level> <level label="ii"> <text>Promoting the development and efficiency of the College;</text> </level> </level> <level label="4"> <text>Hire and discharge faculty and employees as authorized by the Board of Trustees;</text> </level> <level label="5"> <text>Attend all meetings of the Board of Trustees, except that the President may be excused by the Board of Trustees from discussions concerning the President or the position of President; and</text> </level> <level label="6"> <text>Carry out other duties as authorized by the Board of Trustees.</text> </level> </level> <level label="b"> <text>The President may delegate any portion of the President’s authority to other officers of the College, subject to the right of the President or the Board of Trustees to rescind or modify the delegation in whole or in part at any time.</text> </level> </section> <section article="ged" article_name="Education" number="16-507" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>For each fiscal year, the President shall prepare and the Board of Trustees shall review, modify, as necessary, and approve an operating budget and a capital budget for the College.</text> </level> <level label="b"> <text>The operating budget shall indicate:</text> <level label="1"> <text>All revenues estimated for the next fiscal year classified by funds and sources of income; and</text> </level> <level label="2"> <text>All expenditures requested, including specification of expenditures for each major function established by the Commission under § 16-304 of this title.</text> </level> </level> <level label="c"> <text>The President and Board of Trustees shall submit the operating and capital budgets to the Commission in accordance with the provisions of § 11-105(i) of this article.</text> </level> <level label="d"> <level label="1"> <text>All income of the College shall be deposited:</text> <level label="i"> <text>In the State Treasury; or</text> </level> <level label="ii"> <text>As the State Treasurer directs.</text> </level> </level> <level label="2"> <text>By an approved budget amendment, the College may spend or encumber within the fiscal year in which they are received, revenues received in excess of those estimated for any fiscal year.</text> </level> <level label="3"> <text>The unexpended or unencumbered balances of the College’s revenues:</text> <level label="i"> <text>Shall be reported to the Comptroller and to the Secretary at the end of the fiscal year for which the appropriation was made;</text> </level> <level label="ii"> <text>Do not revert to the State Treasury at the end of each fiscal year; and</text> </level> <level label="iii"> <text>Shall be available for expenditure through an appropriation contained in the budget bill or through an approved budget amendment.</text> </level> </level> <level label="4"> <text>The interest or other income from the investment of any funds of the College shall be credited to the College, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support, and that amount will be reported annually to the General Assembly.</text> </level> </level> <level label="e"> <text>The Legislative Auditor shall audit all expenditures and accounts of the College in accordance with §§ 2-1220 through 2-1227 of the State Government Article.</text> </level> </section> <section article="ged" article_name="Education" number="16-508" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <level label="1"> <text>Beginning with fiscal year 1996, the Governor shall include in the annual budget submission a General Fund appropriation for Baltimore City Community College in the amount provided in subsection (b) of this section to provide instruction and services to students enrolled in an English for Speakers of Other Languages (“ESOL”) program.</text> </level> <level label="2"> <text>To qualify for a grant under this section, each participant in the program shall be a student:</text> <level label="i"> <text>Born outside of the United States or whose native language is not English;</text> </level> <level label="ii"> <text>Who comes from an environment where a language other than English is dominant; or</text> </level> <level label="iii"> <text>Who is an American Indian or Alaskan native and comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Subject to the provisions of paragraph (2) of this subsection, the amount of the grant shall be $800 times the number of qualified full–time equivalent students who are enrolled in a Baltimore City Community College ESOL program, as certified by the Maryland Higher Education Commission.</text> </level> <level label="2"> <text>The total amount of the grant under this subsection may not exceed $1,333,000 for any fiscal year.</text> </level> </level> <level label="c"> <text>Baltimore City Community College may not transfer State funds received under this subsection to any other program or category.</text> </level> <level label="d"> <text>Subject to the provisions of subsection (b) of this section, for any fiscal year in which the State appropriation is insufficient to fully fund all grants eligible under this section, the Governor shall include in the budget bill for the following fiscal year a deficiency appropriation to fund all unfunded grants.</text> </level> </section> <section article="ged" article_name="Education" number="16-509" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <text>Except as otherwise provided in this subtitle, the provisions of Subtitle 3 and §§ 16-101, 16-102, 16-103, 16-104, and 16-107 of this title do not apply to the College.</text> </section> <section article="ged" article_name="Education" number="16-510" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <level label="1"> <text>All employees of the College are in an independent personnel system.</text> </level> <level label="2"> <text>The personnel system established under this subsection shall include provisions for:</text> <level label="i"> <text>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</text> </level> <level label="ii"> <text>Redress of any violation of Title 2, Subtitle 4 of the State Personnel and Pensions Article, including the award and payment of damages.</text> </level> </level> </level> <level label="b"> <text>If an employee was employed by the State in the skilled service of the State Personnel Management System, beginning January 1, 1996, the employee’s years of service as an employee of Baltimore City shall be added to the employee’s years of service with the State for the purpose of determining:</text> <level label="1"> <text>The annual leave accrual rate provided in § 9-302 of the State Personnel and Pensions Article;</text> </level> <level label="2"> <text>Seniority under Title 11, Subtitle 2 of the State Personnel and Pensions Article, relating to layoffs; and</text> </level> <level label="3"> <text>Seniority under § 7-207(b) of the State Personnel and Pensions Article, relating to promotions.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-511" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>The College possesses all of the property, assets, immunities, defenses, licenses, credits, and rights of the New Community College of Baltimore, including those transferred to the Board of Trustees of the New Community College of Baltimore by the City of Baltimore and the Board of Trustees of the Community College of Baltimore under Chapter 220 of the Acts of the General Assembly of 1990.</text> </level> <level label="b"> <level label="1"> <level label="i"> <text>The Board of Trustees of the College may, in its discretion, assume such liabilities and obligations of the Community College of Baltimore as the Board considers necessary or useful.</text> </level> <level label="ii"> <text>Except as otherwise provided in subsection (d) of this section, the Board of Trustees may assume such liabilities or obligations only if the nature and terms of the obligations or liabilities to be assumed are consistent with the laws and regulations of the State.</text> </level> </level> <level label="2"> <text>No liability, contract, or obligation of the Community College of Baltimore shall be a liability, contract, or obligation of the College unless such liability, contract, or obligation is expressly assumed by action of the Board of Trustees of the College.</text> </level> </level> <level label="c"> <text>Baltimore City shall indemnify and hold harmless the State, the Board of Trustees of the New Community College of Baltimore, the New Community College of Baltimore, the Board of Trustees of Baltimore City Community College, and Baltimore City Community College for any judgments, damages, liens, settlements, and other costs, including attorney’s fees, arising from the operations of the Community College of Baltimore, or the actions of the Board of Trustees of the Community College of Baltimore, or their employees, officers, or agents.</text> </level> <level label="d"> <level label="1"> <text>In this subsection, “procurement” and “procurement contract” have the meanings stated in § 11-101 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>Before July 1, 1991, the Board of Trustees may, in its discretion, assume as assignee any procurement contract entered into by or on behalf of the Community College of Baltimore prior to July 1, 1990. The Board of Trustees may assume such procurement contracts without regard to whether the contracts conform to the requirements of Division II of the State Finance and Procurement Article (The “General Procurement Law”) and the regulations adopted under that law.</text> </level> <level label="3"> <text>Except for contracts assumed under paragraph (2) of this subsection, procurement by the College shall be in accordance with Division II of the State Finance and Procurement Article and the regulations issued pursuant to that article.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-512" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>In this section, “State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” has the meaning stated in § 17–104(a)(1) of this article.</text> </level> <level label="b"> <level label="1"> <text>The total State operating fund per full–time equivalent student appropriated to Baltimore City Community College for each fiscal year other than fiscal year 2013, as requested by the Governor shall be:</text> <level label="i"> <text>In fiscal year 2009, not less than an amount equal to 67.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;</text> </level> <level label="ii"> <text>In fiscal year 2010, not less than an amount equal to 65.1% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="iii"> <text>In fiscal year 2011, not less than an amount equal to 65.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="iv"> <text>In fiscal year 2012, not less than an amount equal to 63% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="v"> <text>In fiscal year 2014, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;</text> </level> <level label="vi"> <text>In fiscal year 2015, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;</text> </level> <level label="vii"> <text>In fiscal year 2016, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;</text> </level> <level label="viii"> <text>In fiscal year 2017, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;</text> </level> <level label="ix"> <text>In fiscal year 2018, not less than an amount equal to 60% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="x"> <text>In fiscal year 2019, not less than an amount equal to 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="xi"> <text>In fiscal year 2020, not less than an amount equal to 62.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="xii"> <text>In fiscal year 2021, not less than an amount equal to 64.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="xiii"> <text>In fiscal year 2022, not less than an amount equal to 66.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;</text> </level> <level label="xiv"> <text>In fiscal years 2023 through 2026, not less than an amount equal to 68.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article;</text> </level> <level label="xv"> <text>In fiscal years 2027 through 2029, not less than an amount equal to 67.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article; and</text> </level> <level label="xvi"> <text>In fiscal year 2030 and each fiscal year thereafter, not less than an amount equal to 68.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article.</text> </level> </level> <level label="2"> <text>For purposes of this subsection, the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State for a fiscal year shall include:</text> <level label="i"> <text>Noncapital appropriations from the Higher Education Investment Fund; and</text> </level> <level label="ii"> <text>Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.</text> </level> </level> <level label="3"> <text>Notwithstanding the provisions of paragraph (1) of this subsection, the total State operating fund appropriated to Baltimore City Community College under this section for each of fiscal years 2011 and 2012 shall be $40,187,695.</text> </level> <level label="4"> <text>In fiscal year 2013, the total State operating funds appropriated to Baltimore City Community College under this section shall be $39,863,729.</text> </level> </level> <level label="c"> <text>Notwithstanding subsection (b) of this section, the State appropriation to Baltimore City Community College requested by the Governor may not be less than the State appropriation to the College in the previous fiscal year.</text> </level> <level label="d"> <text>The State shall distribute the State appropriation under this subsection to the Board of Trustees of Baltimore City Community College on a quarterly basis.</text> </level> <level label="e"> <level label="1"> <level label="i"> <text>Through June 30, 1999, the City of Baltimore shall be responsible for providing at least $600,000 in each fiscal year to support education at the College.</text> </level> <level label="ii"> <text>Of this amount, in each fiscal year, at least $300,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.</text> </level> <level label="iii"> <text>The source of the $600,000 is not limited to tax or fee revenues generated by the City of Baltimore.</text> </level> </level> <level label="2"> <level label="i"> <text>Beginning on July 1, 1999, the City of Baltimore shall be responsible for providing at least $800,000 in each fiscal year to support education at the College.</text> </level> <level label="ii"> <text>Of this amount, in each fiscal year, at least $500,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.</text> </level> <level label="iii"> <text>The source of the $800,000 is not limited to tax or fee revenues generated by the City of Baltimore.</text> </level> </level> <level label="3"> <level label="i"> <text>Beginning on July 1, 2006, the City of Baltimore shall be responsible for providing at least $1,000,000 in each fiscal year to support education at the College.</text> </level> <level label="ii"> <text>Of this amount, in each fiscal year, at least $400,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.</text> </level> <level label="iii"> <text>The source of the $1,000,000 is not limited to tax or fee revenues generated by the City of Baltimore.</text> </level> <level label="iv"> <text>The Board of Trustees shall submit an annual report on or before December 31 to the Director of Finance for the City of Baltimore regarding the expenditures made under this paragraph.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="16-513" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College"> <level label="a"> <text>There is a Baltimore City Community College police force.</text> </level> <level label="b"> <level label="1"> <text>A Baltimore City Community College police officer has the powers granted to a peace and police officer.</text> </level> <level label="2"> <level label="i"> <text>A Baltimore City Community College police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of Baltimore City Community College.</text> </level> <level label="ii"> <text>The police officer may not exercise these powers on any other property unless:</text> <level label="1"> <text>Engaged in fresh pursuit of a suspected offender;</text> </level> <level label="2"> <text>Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of Baltimore City Community College; or</text> </level> <level label="3"> <text>Ordered to do so by the Governor.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Baltimore City Community College police officers, including standards for the performance of their duties.</text> </level> <level label="2"> <text>To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.</text> </level> </level> <level label="d"> <text>The Board of Trustees shall adopt regulations governing the operation and conduct of the Baltimore City Community College police force and of Baltimore City Community College police officers.</text> </level> </section> <section article="ged" article_name="Education" number="16-601" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <level label="a"> <text>The establishment of the College of Southern Maryland as a regional college is based on the findings and policies set forth in this section.</text> </level> <level label="b"> <level label="1"> <text>Charles County Community College has provided higher education opportunities in Calvert County for more than 15 years and in St. Mary’s County for more than 20 years through a contractual arrangement with the county.</text> </level> <level label="2"> <text>The continuing growth of Charles County Community College as a quality institution requires that a partnership be established to provide a new college identity reflective of the three southern Maryland counties, a governance structure of shared ownership, and the equitable distribution of fiscal support.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-602" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board of Trustees” means the Board of Trustees of the College of Southern Maryland.</text> </level> <level label="c"> <text>“College” means the College of Southern Maryland, formerly known as the Charles County Community College.</text> </level> <level label="d"> <text>“Commission” means the Maryland Higher Education Commission.</text> </level> <level label="e"> <text>“County commissioners” means the elected county commissioners from Calvert, Charles, and St. Mary’s counties.</text> </level> <level label="f"> <text>“Officer” means the president, vice presidents, deans, or other officers of the College as shall be appointed by the Board of Trustees.</text> </level> <level label="g"> <text>“Resident campus” means a primary campus located in Calvert County, Charles County, or St. Mary’s County.</text> </level> <level label="h"> <text>“Southern Maryland” means the area that includes all of Calvert, Charles, and St. Mary’s counties.</text> </level> </section> <section article="ged" article_name="Education" number="16-603" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <level label="a"> <level label="1"> <text>There is a College of Southern Maryland, formerly known as the Charles County Community College, located in Calvert, Charles, and St. Mary’s counties, Maryland.</text> </level> <level label="2"> <text>With other educational institutions, the College shall provide the services and programs described in § 10-210 of this article.</text> </level> </level> <level label="b"> <text>The College is an institution of higher education of the State of Maryland.</text> </level> <level label="c"> <text>Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible.</text> </level> <level label="d"> <text>Calvert, Charles, and St. Mary’s counties may appropriate money to pay the cost of operating the College according to the provisions of this article.</text> </level> <level label="e"> <level label="1"> <text>Each southern Maryland county may borrow money to purchase land and construct capital improvements for the College.</text> </level> <level label="2"> <text>Money may be borrowed on terms and conditions the county commissioners consider proper, subject to any requirements of local law applicable to the creation of public debt.</text> </level> </level> <level label="f"> <level label="1"> <text>Unless otherwise agreed to by the county commissioners, the capital expenditures for each campus are the responsibility of the county in which the campus is located.</text> </level> <level label="2"> <text>The distribution of shared costs will be that of a regional community college as designated in § 11-105(j)(6)(i) of this article.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-604" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <level label="a"> <text>The government of the College is vested in the Board of Trustees.</text> </level> <level label="b"> <level label="1"> <text>The Board of Trustees consists of nine members appointed by the Governor with the advice and consent of the Senate.</text> </level> <level label="2"> <text>Of the members:</text> <level label="i"> <text>Each shall be a resident of the State;</text> </level> <level label="ii"> <text>Each shall have completed at least 60 hours of accredited college work; and</text> </level> <level label="iii"> <text>None may be an elected official of the State, a county, a municipal corporation, or a county board.</text> </level> </level> <level label="3"> <text>Each of the southern Maryland counties shall be represented by at least one member who is a resident of that county.</text> </level> <level label="4"> <text>By July 1, 2010, each of the southern Maryland counties shall be represented by at least three members who are residents of that county.</text> </level> </level> <level label="c"> <level label="1"> <text>The term of a member is 5 years.</text> </level> <level label="2"> <text>A member appointed to fill a vacancy in an unexpired term serves for the remainder of that term.</text> </level> <level label="3"> <text>A member may not serve more than two consecutive full terms.</text> </level> </level> <level label="d"> <text>Each member of the Board of Trustees is entitled to receive up to $600 a year for expenses.</text> </level> </section> <section article="ged" article_name="Education" number="16-605" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <level label="a"> <text>Each year prior to June 30 the Board of Trustees:</text> <level label="1"> <text>Shall elect a chair and vice chair from among its members; and</text> </level> <level label="2"> <text>May elect any other officers it requires.</text> </level> </level> <level label="b"> <level label="1"> <text>The Board of Trustees shall determine the time and place of its meetings.</text> </level> <level label="2"> <text>The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business.</text> </level> </level> <level label="c"> <text>A majority of the members then serving on the Board of Trustees is a quorum for the transaction of business.</text> </level> </section> <section article="ged" article_name="Education" number="16-606" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <level label="a"> <text>In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section.</text> </level> <level label="b"> <text>The Board of Trustees shall exercise general control over the College, keep separate records and minutes, and adopt reasonable rules, regulations, and bylaws to carry out the provisions of this title.</text> </level> <level label="c"> <text>The Board of Trustees may fix the salaries and tenure of the president, faculty, and other employees of the College.</text> </level> <level label="d"> <text>The Board of Trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the College.</text> </level> <level label="e"> <level label="1"> <text>The Board of Trustees may sell, lease, or otherwise dispose of assets or property of the College.</text> </level> <level label="2"> <text>The president of the College and the chair of the Board of Trustees may execute a conveyance or other legal document under an appropriate resolution of the Board of Trustees.</text> </level> </level> <level label="f"> <text>The Board of Trustees may apply for and accept any gift or grant from the federal government or any other person.</text> </level> <level label="g"> <text>Subject to the minimum standards of the Commission, the Board of Trustees may determine entrance requirements and approve offerings that consist of:</text> <level label="1"> <text>Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program;</text> </level> <level label="2"> <text>Career programs offering technical, vocational, and semiprofessional education; and</text> </level> <level label="3"> <text>Continuing education and contract-training programs.</text> </level> </level> <level label="h"> <text>Except as provided in § 16-310 of this title, the Board of Trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified students at low cost.</text> </level> <level label="i"> <text>The Board of Trustees may sue and be sued.</text> </level> <level label="j"> <text>The Board of Trustees may make agreements with the federal government or any other person, including agreements between counties, if the Board of Trustees considers the agreement advisable for the establishment or operation of the College.</text> </level> <level label="k"> <text>The Board of Trustees may adopt a corporate seal.</text> </level> <level label="l"> <text>The Board of Trustees shall appoint a president of the College who shall be the chief executive officer of the College and the secretary/treasurer of the Board of Trustees.</text> </level> </section> <section article="ged" article_name="Education" number="16-607" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <level label="a"> <text>The Board of Trustees may:</text> <level label="1"> <text>Appoint an individual, other than the attorney to the Board of Trustees, as hearing examiner; and</text> </level> <level label="2"> <text>Adopt rules governing proceedings before the hearing examiner.</text> </level> </level> <level label="b"> <text>The hearing examiner:</text> <level label="1"> <text>May hold an initial hearing on any matter brought before the Board of Trustees; and</text> </level> <level label="2"> <text>Shall submit to the Board of Trustees and to the parties findings of fact and conclusions of law, a transcript of the proceedings, and exhibits.</text> </level> </level> <level label="c"> <text>The Board of Trustees shall:</text> <level label="1"> <text>Hear arguments, if requested by a party; and</text> </level> <level label="2"> <text>After considering the arguments and the record, decide the matter.</text> </level> </level> <level label="d"> <text>The decision of the Board of Trustees may not be appealed.</text> </level> </section> <section article="ged" article_name="Education" number="16-608" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <text>The president of the College shall:</text> <level label="1"> <text>Report directly to the Board of Trustees;</text> </level> <level label="2"> <text>Recommend the appointment by the Board of Trustees of qualified faculty members and other employees necessary for the efficient administration of the College;</text> </level> <level label="3"> <text>Recommend the discharge of employees for good cause, provided that any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;</text> </level> <level label="4"> <text>Be responsible for the conduct of the College and for the administration and supervision of its departments; and</text> </level> <level label="5"> <text>Attend all meetings of the Board of Trustees, except those involving the position of president.</text> </level> </section> <section article="ged" article_name="Education" number="16-609" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <text>Except as otherwise provided in this subtitle, the provisions of §§ 16-106 and 16-107 of this title apply to the College.</text> </section> <section article="ged" article_name="Education" number="16-610" title_number="16" title_name="Community Colleges" subtitle_number="6" subtitle_name="College of Southern Maryland"> <level label="a"> <text>Each year the Board of Trustees and the president of the College shall prepare and submit to the county commissioners:</text> <level label="1"> <text>An annual report;</text> </level> <level label="2"> <text>An operating budget;</text> </level> <level label="3"> <text>A capital budget; and</text> </level> <level label="4"> <text>If required, a long–term capital improvement program.</text> </level> </level> <level label="b"> <text>The operating budget shall show:</text> <level label="1"> <text>All revenues estimated for the next fiscal year classified by funds and sources of income;</text> </level> <level label="2"> <text>All expenditures requested, including the major functions listed under § 16–304(b) of this title; and</text> </level> <level label="3"> <text>Any other information or supporting data required by the county commissioners.</text> </level> </level> <level label="c"> <text>The county commissioners in each county shall review and approve the budget request made to that county and may reduce it.</text> </level> <level label="d"> <text>The operating budget of the College as outlined in this section shall be submitted to the Commission for informational purposes.</text> </level> </section> <section article="ged" article_name="Education" number="16-701" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Agreement” means a written contract between a public employer and an employee organization.</text> </level> <level label="c"> <text>“Arbitration” means a procedure by which parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.</text> </level> <level label="d"> <text>“Board” means the Public Employee Relations Board.</text> </level> <level label="e"> <text>“Collective bargaining” has the meaning stated in § 3–101(d) of the State Personnel and Pensions Article.</text> </level> <level label="f"> <text>“Confidential employee” means a public employee whose unrestricted access to personnel, budgetary, or fiscal data subject to use by the public employer in collective bargaining, or whose close, continuing working relationship with those responsible for negotiating on behalf of the public employer, would make the employee’s membership in an employee organization as a rank and file employee incompatible with the employee’s duties.</text> </level> <level label="g"> <text>“Employee organization” has the meaning stated in § 22–101 of the State Government Article.</text> </level> <level label="h"> <text>“Exclusive representative” has the meaning stated in § 22–101 of the State Government Article.</text> </level> <level label="i"> <text>“Fact–finding” means a process conducted by the Board that includes:</text> <level label="1"> <text>The identification of the major issues in an impasse;</text> </level> <level label="2"> <text>The review of the positions of the parties; and</text> </level> <level label="3"> <text>A resolution of factual differences by an impartial individual or panel.</text> </level> </level> <level label="j"> <level label="1"> <text>“Faculty” means employees whose assignments involve academic responsibilities, including teachers and department heads.</text> </level> <level label="2"> <text>“Faculty” does not include officers, supervisory employees, confidential employees, part–time faculty, or student assistants.</text> </level> </level> <level label="k"> <text>“Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement.</text> </level> <level label="l"> <text>“Impasse” means a failure by a public employer and an exclusive representative to achieve agreement in the course of negotiations.</text> </level> <level label="m"> <text>“Officer” means the president, a vice president, a dean, or any other similar official of the community college as appointed by the board of community college trustees.</text> </level> <level label="n"> <text>“Part–time faculty” means employees whose assignments involve academic responsibilities, including teachers, counselors, and department heads, who are designated with part–time faculty status by the president of the community college.</text> </level> <level label="o"> <level label="1"> <text>“Public employee” means an employee employed by a public employer.</text> </level> <level label="2"> <text>“Public employee” includes faculty and part–time faculty at the Baltimore City Community College.</text> </level> <level label="3"> <text>“Public employee” does not include:</text> <level label="i"> <text>Officers;</text> </level> <level label="ii"> <text>Supervisory or confidential employees; or</text> </level> <level label="iii"> <text>Student assistants.</text> </level> </level> </level> <level label="p"> <level label="1"> <text>“Public employer” means the board of community college trustees for a community college.</text> </level> <level label="2"> <text>“Public employer” includes the Board of Trustees of Baltimore City Community College for the purposes of collective bargaining with faculty and part–time faculty.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-702" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining"> <level label="a"> <text>It is the intent of the General Assembly that:</text> <level label="1"> <text>The State promote harmonious and cooperative relationships with the public employees of the community college system by encouraging collective bargaining practices, protecting the rights of public employees to associate, organize, and vote for their own exclusive representatives, and recognizing the dignity of labor for all employees of the community college system; and</text> </level> <level label="2"> <text>A delay in implementation of this subtitle shall be to ensure that community colleges are granted sufficient time to plan for potential negotiations and may not be used to plan for, or engage in, activities that would discourage or otherwise coerce employees seeking to hold an election.</text> </level> </level> <level label="b"> <text>This subtitle shall apply:</text> <level label="1"> <text>Beginning on September 1, 2022, to:</text> <level label="i"> <text>Anne Arundel Community College;</text> </level> <level label="ii"> <text>Community College of Baltimore County;</text> </level> <level label="iii"> <text>Frederick Community College;</text> </level> <level label="iv"> <text>Harford Community College;</text> </level> <level label="v"> <text>Howard Community College;</text> </level> <level label="vi"> <text>Montgomery College;</text> </level> <level label="vii"> <text>Prince George’s Community College; and</text> </level> <level label="viii"> <text>College of Southern Maryland;</text> </level> </level> <level label="2"> <text>Beginning on September 1, 2023, to:</text> <level label="i"> <text>Allegany College of Maryland;</text> </level> <level label="ii"> <text>Carroll Community College;</text> </level> <level label="iii"> <text>Cecil College;</text> </level> <level label="iv"> <text>Chesapeake College;</text> </level> <level label="v"> <text>Garrett College;</text> </level> <level label="vi"> <text>Hagerstown Community College; and</text> </level> <level label="vii"> <text>Wor–Wic Community College; and</text> </level> </level> <level label="3"> <text>Beginning October 1, 2024, Baltimore City Community College.</text> </level> </level> <level label="c"> <text>Public employees, public employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.</text> </level> </section> <section article="ged" article_name="Education" number="16-703" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining"> <text>There may be no more than four bargaining units at each community college including:</text> <level label="1"> <text>One unit reserved for full–time faculty;</text> </level> <level label="2"> <text>One unit reserved for part–time faculty; and</text> </level> <level label="3"> <text>Two units reserved for eligible nonexempt employees, as defined in the federal Fair Labor Standards Act.</text> </level> </section> <section article="ged" article_name="Education" number="16-704" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining"> <level label="a"> <level label="1"> <text>Subject to paragraph (2) of this subsection, within 10 days after a new employee’s date of hire, for each new public employee in the bargaining unit represented by the exclusive representative, the public employer shall provide the exclusive representative with the information required under § 16–704 of this subtitle.</text> </level> <level label="2"> <text>A public employer shall provide the exclusive representative with the information required under paragraph (1) of this subsection in a searchable and analyzable electronic format.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraphs (2) and (3) of this subsection, an exclusive representative shall consider the information that it receives under this section as confidential and may not disclose the information to any person.</text> </level> <level label="2"> <text>An exclusive representative may authorize third–party contractors to use the information that it receives under this section, as directed by the exclusive representative, to carry out the exclusive representative’s statutory duties under this title.</text> </level> <level label="3"> <text>An exclusive representative or an authorized third–party contractor may use the information that it receives under this section for the purpose of maintaining or increasing employee membership in an employee organization.</text> </level> <level label="4"> <text>On written request of a public employee, an exclusive representative shall withhold further communication with a public employee unless otherwise required by law or the written request is revoked by the public employee.</text> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>A public employer shall provide the exclusive representative with the information described in subsection (a) of this section for each public employee in the bargaining unit represented by the exclusive representative once every 90 days.</text> </level> <level label="ii"> <text>Subject to § 16–706 of this subtitle, a public employer may negotiate with the exclusive representative to provide the information required under this paragraph more frequently than once every 90 days.</text> </level> </level> <level label="2"> <text>A public employer shall provide the exclusive representative with the information described in subsection (a) of this section regardless of whether the newly hired public employee was previously employed by the public employer.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-705" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining"> <level label="a"> <text>In this section, “new employee processing” means the process for a newly hired public employee, whether in–person, online, or through other means, in which new public employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.</text> </level> <level label="b"> <level label="1"> <level label="i"> <text>A public employer shall provide the exclusive representative access to new employee processing.</text> </level> <level label="ii"> <text>Except as provided in subparagraph (iii) of this paragraph, a public employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.</text> </level> <level label="iii"> <text>A public employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public employer’s new employee processing that was not reasonably foreseeable.</text> </level> </level> <level label="2"> <level label="i"> <text>The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public employer and the exclusive representative in accordance with § 16–706 of this subtitle.</text> </level> <level label="ii"> <text>When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 16–707 of this subtitle.</text> </level> <level label="iii"> <text>In an impasse proceeding under § 16–707 of this subtitle, the mediator or Board shall consider:</text> <level label="1"> <text>The ability of the exclusive representative to communicate with the public employees it represents;</text> </level> <level label="2"> <text>The legal obligations of the exclusive representative to the public employees;</text> </level> <level label="3"> <text>Applicable State, federal, and local laws;</text> </level> <level label="4"> <text>Any stipulations of the parties;</text> </level> <level label="5"> <text>The interests and welfare of the public employees and the financial condition of the public employer;</text> </level> <level label="6"> <text>The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and</text> </level> <level label="7"> <text>Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>A request to negotiate under paragraph (2) of this subsection made between September 1, 2022, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public employer’s new employee processing.</text> </level> <level label="ii"> <text>Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.</text> </level> </level> </level> <level label="c"> <text>This section does not prohibit a public employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.</text> </level> </section> <section article="ged" article_name="Education" number="16-706" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining"> <level label="a"> <text>Collective bargaining shall include all matters relating to:</text> <level label="1"> <text>Wages, hours, and other terms and conditions of employment; and</text> </level> <level label="2"> <text>The procedures for the employee organization to receive membership dues through payroll deduction.</text> </level> </level> <level label="b"> <text>In the course of collective bargaining, the public employer and the exclusive representative shall:</text> <level label="1"> <text>Meet at reasonable times; and</text> </level> <level label="2"> <text>Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner before the budget submission date of the public employer.</text> </level> </level> <level label="c"> <text>An agreement may include a provision for the arbitration of grievances arising under the agreement.</text> </level> <level label="d"> <level label="1"> <text>An agreement may not include matters relating to the employees’ or teachers’ retirement or pension systems otherwise covered by the Annotated Code of Maryland.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection does not prohibit a discussion of the terms of the retirement or pension systems in the course of collective bargaining.</text> </level> </level> <level label="e"> <text>The terms of an agreement shall supersede any conflicting regulations or administrative policies of the public employer.</text> </level> <level label="f"> <level label="1"> <level label="i"> <text>Except as provided in paragraph (2) of this subsection, a request for funds necessary to implement an agreement shall be submitted by the public employer in a timely fashion for consideration in the budget process of the county.</text> </level> <level label="ii"> <text>Not later than 20 days after final budget action by the governing body of a county, if a request for funds necessary to implement an agreement is reduced, modified, or rejected by the governing body, either party to the agreement may reopen the agreement.</text> </level> </level> <level label="2"> <text>For Baltimore City Community College, in the annual budget bill submitted to the General Assembly, the Governor shall include any amounts in the budget of Baltimore City Community College required to accommodate any additional cost resulting from the negotiations, including the actuarial impact of any legislative changes to any of the State pension or retirement systems that are required, as a result of the negotiations, for the fiscal year beginning the immediately following July 1 if the legislative changes have been negotiated to become effective in that fiscal year.</text> </level> </level> </section> <section article="ged" article_name="Education" number="16-707" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining"> <level label="a"> <text>If in the course of collective bargaining a party determines that an impasse exists, that party may request the services of the Board in mediation or engage another mutually agreeable mediator.</text> </level> <level label="b"> <level label="1"> <text>By mutual agreement, the parties may engage in mediation.</text> </level> <level label="2"> <level label="i"> <text>If there is not mutual agreement, either party may petition the Board to initiate fact–finding.</text> </level> <level label="ii"> <level label="1"> <text>After considering the status of bargaining and the budget schedule of the public employer, the Board may find that an impasse exists and may notify the parties that fact–finding is to be initiated.</text> </level> <level label="2"> <text>A public employer and the exclusive representative may select their own fact finder.</text> </level> <level label="3"> <level label="A"> <text>If the parties have not selected their own fact finder within 5 days after the required notification, the Board shall submit to the parties the names of five qualified individuals.</text> </level> </level> <level label="B"> <text>Each party alternately shall strike two names from the list with the remaining individual being the fact finder.</text> </level> <level label="4"> <text>The fact finder selected by the parties shall conduct hearings and may administer oaths.</text> </level> <level label="5"> <text>The fact finder shall make written findings of fact and recommendations for resolution of the impasse.</text> </level> <level label="6"> <text>Not later than 30 days after the date of appointment, the fact finder shall transmit the findings to the public employer, the exclusive representative, and the Board.</text> </level> <level label="7"> <text>If the impasse continues 10 days after the report is submitted to the parties, any unresolved noneconomic language items that are subject to fact–finding shall be referred to the Board.</text> </level> </level> </level> </level> <level label="c"> <text>The parties shall bear equally the costs of fact–finding.</text> </level> <level label="d"> <text>The Board, on receipt of the report and certification of unresolved noneconomic language items, shall provide the parties with an opportunity to submit additional position statements and issue a written decision adopting:</text> <level label="1"> <text>The final proposal of the public employer;</text> </level> <level label="2"> <text>The final proposal of the exclusive representative; or</text> </level> <level label="3"> <text>The fact finder’s final offer or resolution.</text> </level> </level> <level label="e"> <text>The Board’s written decision is final and binding on the public employer and the exclusive representative.</text> </level> </section> <section article="ged" article_name="Education" number="16-708" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining"> <level label="a"> <text>A public employee or group of public employees has the right at any time to:</text> <level label="1"> <text>Present a grievance arising under the terms of the agreement to the public employer; and</text> </level> <level label="2"> <text>Have the grievance adjusted without the intervention of the exclusive representative.</text> </level> </level> <level label="b"> <text>The exclusive representative has the right to be present during any meeting involving the presentation or adjustment of a grievance.</text> </level> <level label="c"> <level label="1"> <text>A public employer shall hear a grievance and participate in the adjustment of the grievance.</text> </level> <level label="2"> <text>The adjustment of a grievance may not be inconsistent with the terms of the collective bargaining agreement then in effect.</text> </level> <level label="3"> <text>A public employer shall give prompt notice of any adjustment of a grievance to the exclusive representative.</text> </level> </level> </section>