2013 Maryland Code
TRANSPORTATION
§ 6-201 - Commission -- In general

§6-201.

(a) There is a Maryland Port Commission.

(b) The Commission shall:

(1) Establish policies directed toward improving the competitive position of the ports of Maryland within the international port industry;

(2) Adopt regulations for the operation of the Administration in a competitive manner within the port industry;

(3) Exercise those powers granted to the Commission and to the Maryland Port Administration by this title or by any other provision of law;

(4) Unless otherwise directed by the Secretary, serve as the board of directors of any private operating company created under this title; and

(5) In carrying out the provisions of this subtitle, seek information and advice from port labor and management groups.

(c) (1) The Commission shall consist of 7 voting members, 6 of whom shall be appointed by the Governor with the advice and consent of the Senate and the 7th shall be the Secretary of Transportation who shall be the Chairman of the Commission.

(2) The Secretary of Business and Economic Development shall serve as a nonvoting ex officio Commission member.

(d) (1) Subject to the provisions of paragraph (3) of this subsection, the Governor may not appoint to the Commission:

(i) An officer or employee of the State;

(ii) A representative of any entity whose principal activities are ports-related;

(iii) A person employed by any entity whose principal activities are ports-related; or

(iv) A member of the General Assembly.

(2) The Governor shall take into consideration geographic representation when appointing the 6 members of the Commission.

(3) Notwithstanding paragraph (1) of this subsection, a member of the Maryland Transportation Authority or any other State board, commission, or authority may be appointed a member of the Maryland Port Commission. Any person so appointed who is compensated by the State is not entitled to any compensation or other emolument, except expenses incurred in connection with attendance at hearings, meetings, field trips, and working sessions, for any services rendered as a Commissioner.

(e) (1) Each appointed member serves for a term of 3 years and until a successor is appointed and qualifies. The terms of appointed members shall be staggered as required by the original appointments to the Commission, 2 of which shall be for 3 years, 2 of which shall be for 2 years, and 2 of which shall be for 1 year.

(2) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term or until a replacement is appointed.

(f) The Commission shall meet at a time and place designated by the Chairman of the Commission. The Commission shall meet as often as its duties require, but not less than quarterly. Attendance by 4 voting members shall constitute a quorum.

(g) Except as provided under subsection (d)(3) of this section, members of the Commission appointed by the Governor are entitled to the compensation and expenses provided for in the State budget. Members of the Commission are subject to the provisions of § 8-501 of the State Government Article.

§ 6-201 - 1. Commission -- Chairman's powers and duties

(a) Approval of certain Commission actions. -- All actions of the Commission which, in the judgment of the Chairman, impact upon the Transportation Trust Fund are subject to the approval of the Chairman.

(b) Appointment of Executive Director; approval of budget. -- The Chairman of the Commission shall:

(1) Subject to the approval of the Governor, appoint the Executive Director of the Administration in accordance with § 15-501 of the State Government Article; and

(2) Approve the Administration's budget before its submission to the General Assembly as part of the Governor's proposed budget.

(c) Removal of Executive Director; personnel. -- The Chairman of the Commission may:

(1) Remove the Executive Director of the Administration; and

(2) While acting as Secretary of the Department, provide the Commission and the Administration with the personnel of the Department that the Secretary considers necessary to carry out the provisions of this title.

§ 6-201 - 2. Commission -- Powers and duties [Effective until October 1, 2013].

(a) Regulations. --

(1) Subject to approval of the Administration's budget by the General Assembly as provided in § 3-216 of this article and subject to State fiscal procedures, including those governing budgeting, accounting, and auditing, the Commission may adopt regulations establishing procedures for the approval and control of Administration expenditures.

(2) The Commission shall present regulations proposed under this subsection to the Board of Public Works for approval.

(b) Regulations generally. -- The Commission may adopt any other regulations necessary to carry out the provisions of this title.

(c) Reports. --

(1) Subject to § 2-1246 of the State Government Article, the Commission shall report by January 15 of each year to the General Assembly on the activities of the Port Commission during the previous year.

(2) The report shall include a review of the port's competitive position during the previous year and any recommendations of the Commission for future changes in legislation, capital funding, or operational flexibility for consideration by the General Assembly.

(3) The report shall also include any substantive changes in its regulations for procurement and personnel.

§ 6-201 - 2. Commission -- Powers and duties [Effective October 1, 2013].

(a) Appointments for operation and managing port facilities. --

(1) The Commission may appoint up to a total of 12 management personnel employees to operate and manage all State-owned port facilities or to perform services for private operating companies created under § 6-204(q) of this subtitle.

(2) Notwithstanding any other provision of law, the Commission may determine the qualifications and appointment, as well as compensation and leave, for employees appointed under this subsection.

(3) At least 10 days before the effective date of the change, the Commission shall submit to the Secretary of Budget and Management each change to the salaries of those employees that involves increases in salary ranges other than those associated with general salary increases approved by the General Assembly.

(4) The Secretary of Budget and Management shall:

(i) Review the proposed changes; and

(ii) Within 10 days of receipt of the proposed changes, advise the Commission whether the changes would have an adverse effect on special fund expenditures.

(5) Failure of the Secretary of Budget and Management to respond in a timely manner is deemed to be a statement that the change will have no adverse effect.

(6) Employees appointed under this subsection are State employees and shall be entitled to participate in the retirement and pension systems for employees of the State of Maryland authorized under Division II of the State Personnel and Pensions Article.

(7) The budget submitted by the Governor to the General Assembly shall include personnel detail for the management personnel positions under this subsection in the form and manner provided for an agency in the State Personnel Management System.

(8) Subject to § 2-1246 of the State Government Article, on or before December 1 of each year, the Commission shall report to the Governor and the Legislative Policy Committee of the General Assembly on actions taken by the Commission under this subsection during the previous fiscal year with regard to individuals subject to this subsection.

(b) Regulations. --

(1) (i) Subject to approval of the Administration's budget by the General Assembly as provided in § 3-216 of this article and subject to State fiscal procedures, including those governing budgeting, accounting, and auditing, the Commission may adopt regulations establishing procedures for the approval and control of Administration expenditures.

(ii) The Commission shall present regulations proposed under this subsection to the Board of Public Works for approval.

(2) The Commission may adopt any other regulations necessary to carry out the provisions of this title.

(c) Reports. --

(1) Subject to § 2-1246 of the State Government Article, the Commission shall report by January 15 of each year to the General Assembly on the activities of the Port Commission during the previous year.

(2) The report shall include a review of the port's competitive position during the previous year and any recommendations of the Commission for future changes in legislation, capital funding, or operational flexibility for consideration by the General Assembly.

(3) The report shall also include any substantive changes in its regulations for procurement and personnel.