Ch. 89

LAWS OF MARYLAND

Each public institution of higher education that provides
access to its campus or its student information directory to any
person or group which makes students aware of occupational or
educational options shall provide access on the same basis to
official recruiting representatives of the military forces of
this State and the United States for the purpose of informing
students of educational and career opportunities available in the
military.

15-104.

(a)  It is the public policy of the State that endowment
funds of public institutions of higher education and gifts,
donations, bequests, private endowments, and private grants
received by public institutions of higher education or their
governing boards, including any income therefrom:

(1)  Shall be used in accordance with the wishes of
the donors; and

(2)  May not be used as a substitute for State General
Fund appropriations.

(b)  (1) The public institutions of higher education are
encouraged to promote private fundraising by strengthening
institutional development activities and by maintaining
relationships with affiliated foundations.

(2)  Affiliated foundations that are independently
established for this purpose shall operate subject to policies
adopted by the governing boards and approved for form and legal
sufficiency by the Attorney General.

(3)  Article 40A, §§ 3-101, 3-103, and 3-105 of the
Code do not bar an official or employee of a public institution
of higher education from becoming a director, official, or
employee of an independent foundation organized to foster
fundraising and provide related services for the benefit of the
institution.

(4)  No funds shall be accepted from an affiliated
foundation by a public institution of postsecondary education
unless the fiscal affairs of the affiliated foundation are
audited annually by an independent certified public accountant.

15-105.

Notwithstanding any other provision of law to the contrary,
the governing boards of the public institutions of higher
education may transfer any personnel position from one program to
any other program under such governing board's jurisdiction
without the approval of any other officer, board, department, or
agency of the State, provided that the total number of positions

- 1710 -