2021 Maryland Statutes
Education
Division III - Higher Education
Title 19 - Auxiliary and Academic Facilities Bond Authority
Section 19-101 - Definitions

    (a)    In this title the following words have the meanings indicated.

    (b)    (1)    “Academic facility” and “academic facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which are used primarily for the instruction of students of a system.

        (2)    “Academic facility” and “academic facilities” also mean any facility or facilities related, required, useful, or incidental for the operation or activities of a system which are not auxiliary facilities.

    (c)    (1)    “Academic fees” means tuition, student fees, and activity fees.

        (2)    “Academic fees” does not include:

            (i)    An appropriation of State funds; or

            (ii)    Any revenues from contracts, grants, or gifts received or to be received by a system, other than contracts for tuition, student fees, or activity fees.

    (d)    “Auxiliary facilities fees” means income, fees, rents, charges, and revenues arising from the use of any auxiliary facilities.

    (e)    “Auxiliary facility” and “auxiliary facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which furnish a service to students, faculty, or staff at a system and which generate income, fees, rents, charges, and revenues arising from the use of the facility or facilities to support any project costs; such facilities shall include (but shall not be limited by type or class or otherwise to) housing facilities, eating facilities, recreational facilities, campus infirmaries, parking facilities, athletic facilities, student union or activity facilities, research facilities, laboratory facilities, testing facilities, and any related or incidental facility or any combination of such facilities.

    (f)    “Board” means the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College.

    (g)    “Bonds” means revenue bonds, certificates, notes, demand notes, commercial paper, or other evidences of indebtedness and shall also include bond anticipation notes.

    (h)    “Capital lease” means any lease financing of real property which by generally accepted accounting principles is defined as a capital lease. For the purposes of this title, real property does not include fixtures.

    (i)    “Costs” as applied to any project means all costs in respect of the project, including (without limitation):

        (1)    The cost of acquisition, construction, reconstruction, equipping, maintenance, repair, renovation, and operation;

        (2)    The cost of acquisition of all land, rights-of-way, property rights, easements, and interests acquired by a system;

        (3)    The cost of all machinery and equipment;

        (4)    Financing charges and interest prior to and during construction and for 1 year after completion of construction;

        (5)    The cost of architectural, engineering, and legal expenses, plans, specifications, feasibility studies, surveys, estimates of costs and revenue, and other expenses necessary or desirable for determining the feasibility or practicability of construction of any project;

        (6)    Reserves for the payment of debt service, operating reserves, and repair and replacement funds; and

        (7)    Administrative expenses, and other expenses necessary or allocable to any project, the financing or refinancing of any project, the issuance of bonds, and the placing of any project in operation.

    (j)    “Project” or “projects” means the acquisition, construction, reconstruction, related demolition, equipment, maintenance, repair, renovation, financing, and refinancing of 1 or more auxiliary or academic facilities.

    (k)    “Resolution” means a resolution adopted by a majority of the members of the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College.

    (l)    “State” means the State of Maryland.

    (m)    “System” means the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College.