Md. Code, Educ. § 15-129

Current with changes from the 2024 Legislative Session

Section 15-129 - [See Note] Historically Black Colleges and Universities Reserve Fund

(a) In this section, "Fund" means the Historically Black Colleges and Universities Reserve Fund.

(b) There is a Historically Black Colleges and Universities Reserve Fund.

(c) The purpose of the Fund is to provide reserve funding for Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore that is used for purposes consistent with the uses specified under § 15-128 of this title.

(d) The Maryland Higher Education Commission shall administer the Fund.

(e)

(1) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) The remainder of any funds unused at the end of a fiscal year that is distributed to the Fund under § 15-128 of this title;

(2) Money appropriated in the State budget to the Fund;

(3) Interest earnings; and

(4) Any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only for the uses specified under § 15-128 of this title.

(h)

(1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j) Money expended from the Fund for the uses specified under § 15-128 of this title is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the uses specified under § 15-128 of this title or any other funds appropriated to public institutions of higher education in the State budget.

Md. Code, ED § 15-129

Amended by 2023 Md. Laws, Ch. 49, Sec. 2, eff. 4/11/2023.

Added by 2021 Md. Laws, Ch. 42, Sec. 1, eff. 3/24/2021.

Added by 2021 Md. Laws, Ch. 41, Sec. 1, eff. .

2021 Md. Laws, Ch. 42, Sec. 6, and 2021 Md. Laws, Ch. 41, Sec. 6eff. 3/24/2021, provide:

(a) Section 1 of this Act is contingent on the execution of a final settlement agreement in the case of The Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission, 06-CV-02773-CCB (D. MD) on or before June 1, 2021, that :

(1) incorporates and does not exceed the financial and programmatic commitments contained in Section 1 of this Act; (2) incorporates the order described in subsection (d)(2) of this section; and

(2) incorporates the order described in subsection (d)(2) of this section; and

(3) provides for attorney's fees and expenses in an amount not less than $14,000,000 but not more than $25,000,000 to plaintiffs' counsel in The Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission, 06-CV-02773-CCB (D. MD).

(b)(1) In fiscal year 2023, the Governor shall provide an allocation for the attorney's fees and expenses in the amount specified in the final settlement agreement described in subsection (a) of this section.

(2) The amount allocated under paragraph (1) of this subsection shall be provided from the funds for the historically black colleges and universities under Section 1 of this Act, with the amounts allocated based on each institution's share of the total funds provided under Section 1 of this Act.

(3) Notwithstanding § 12-501 of the State Government Article or any other provision of law, the settlement agreement as provided in subsection (a) of this section, including attorney's fees and expenses provided in the settlement agreement, are not subject to approval by the Board of Public Works.

(1) is authorized to execute the final settlement agreement in subsection (a) of this section on behalf of the State on terms the Attorney General deems:

(i) as final resolution of the case of The Coalition for Equity and Excellence in Maryland Higher Education v. the Maryland Higher Education Commission, 06-CV-02773-CCB (D. MD); and

(ii) appropriate to carry out the purposes of Section 1 of this Act; and

(2) shall provide written notice of the executed settlement agreement to the Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

(d) Section 1 of this Act, with no further action required by the General Assembly, shall be null and void if, on or before June 11, 2021:

(1) the Department of Legislative Services has not received notice of the settlement agreement; and

(2) an order has not been issued from the United States District Court for the District of Maryland or the United States Court of Appeals for the Fourth Circuit that:

(i) reverses or vacates the District Court's holding that the State failed to eliminate traceable de jure era policy of unnecessary program duplication; or

(ii) holds that any policy of unnecessary program duplication traceable to de jure segregation has been cured by the terms of the settlement agreement.