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<regulation prefix="Regulation" num=".01" citation="COMAR 24.05.22.01" title_num="24" subtitle_num="05" chapter_num="22" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Act” means Economic Development Article, Title 6, Subtitle 6, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Affiliated foundation” means a corporation created, organized, and located in the State that meets the following conditions:</text>
      <paragraph num="(a)">
        <text>With respect to public nonprofit institutions of higher education, an affiliated foundation created and operated in accordance with Education Article, §15-104, Annotated Code of Maryland; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>With respect to private nonprofit institutions of higher education, a corporation created, organized, and located in the State that meets the following conditions:</text>
        <paragraph num="(i)">
          <text>Is organized and operated for educational purposes in support of one or more nonprofit institutions of higher education and other affiliated organizations;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Is designated by the governing board of one or more nonprofit institutions of higher education to receive charitable contributions for educational purposes on behalf of the nonprofit institution or institutions of higher education;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Does not have any part of its earnings inuring to the benefit of any private shareholder or individual;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Is not disqualified for tax exemption under 26 U.S.C. §501(c)(3) of the Internal Revenue Code for any reason;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Does not participate or intervene in, on behalf of or in opposition to, any political campaigns for public office; and</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Has its fiscal affairs audited annually by an independent certified public accountant.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>“Authority” means the Maryland E-Nnovation Initiative Fund Authority established under Economic Development Article, §6-605, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Cash equivalent” means U.S. Treasury bills, bank certificates of deposit, bankers’ acceptances, corporate commercial paper, and other money market instruments.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Endowment proceeds” means those investment earnings accruing to a research endowment of a nonprofit institution of higher education and available for expenditure by the nonprofit institution of higher education in accordance with Economic Development Article, §6-612, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“First submission date” means the June 1 before the beginning of a fiscal year in which a nonprofit institution of higher education requests a distribution of matching funds under the Program.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Fiscal year” means the fiscal year of the State.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Fund” means the Maryland E-Nnovation Initiative Fund.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Governing board” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Governing body” means:</text>
      <paragraph num="(a)">
        <text>A governing board;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The governing entity of private nonprofit institutions of higher education; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The governing entity of a regional higher education center.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>“Marketable securities” means securities for which market quotations are readily available on an established public securities market or exchange at the time of the donation or gift and are readily convertible into cash.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Nonprofit Institution of Higher Education.</text>
      <paragraph num="(a)">
        <text>“Nonprofit institution of higher education” means a public or private nonprofit institution of postsecondary education located in the State that:</text>
        <paragraph num="(i)">
          <text>Receives State funds in the annual operating budget;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Limits enrollment to graduates of secondary schools; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Awards degrees at the associate, baccalaureate, or graduate level.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Nonprofit institution of higher education” includes its affiliated foundation for purposes of receiving and depositing qualified donations and matching funds in a research endowment under Economic Development Article, Title 6, Subtitle 6, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>“Private nonprofit institution of higher education” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Program” means the Maryland E-Nnovation Initiative Program, as authorized by the Act.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Qualified Donation.</text>
      <paragraph num="(a)">
        <text>“Qualified donation” means any private donation, gift, irrevocable pledge, or bequest to a research endowment in accordance with Economic Development Article, §6-613, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Qualified donation” includes a donation, gift, pledge, or bequest in the form of cash and cash equivalents or marketable securities.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(16)">
      <text>“Regional higher education center” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Research endowment” means an account established at or administered by a nonprofit institution of higher education in accordance with Economic Development Article, §6-612, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Research endowment plan” means a plan adopted by a governing body and submitted to the Authority for approval, outlining how a nonprofit institution of higher education proposes to use matching funds from the program in accordance with Economic Development Article, §6-615, Annotated Code of Maryland, and Regulation .05 of this chapter.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Second submission date” means November 1 during a fiscal year in which a nonprofit institution of higher education requests a distribution of matching funds under the Program.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Submission date” means the first submission date or the second submission date.</text>
    </paragraph>
  </paragraph>
</regulation>