2013 Maryland Code
TRANSPORTATION
§ 5-201 - Maryland Aviation Commission -- In general


MD Transp Code § 5-201 (2013) What's This?

§5-201.

(a) There is a Maryland Aviation Commission.

(b) The Commission shall:

(1) Establish policies directed toward the Maryland Aviation Administration’s ability to improve and promote the role of the Baltimore-Washington International Thurgood Marshall Airport as an airport of service to the Washington-Baltimore metropolitan area;

(2) Approve regulations for the operation of the State-owned airports prior to their adoption by the Executive Director;

(3) Direct the Administration in developing and implementing airport management policy for all State-owned airports;

(4) Approve major capital projects, as defined in § 2-103.1(a)(4) of this article, at any State-owned airport prior to the submission of those projects to the Governor and General Assembly for approval;

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

(6) In carrying out the provisions of this subtitle, consider information and advice from the air carrier industry, the airport concessionaire industry, the airline support services industry, and citizen advisory groups.

(c) (1) The Commission shall consist of nine voting members:

(i) Eight appointed by the Governor with the advice and consent of the Senate; and

(ii) 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, except as provided in subsection (c) of this section;

(ii) A representative of any entity whose principal activities are related to the operation of State-owned airports;

(iii) A person employed by any entity whose principal activities are related to the operation of State-owned airports; or

(iv) A member of the General Assembly.

(2) In appointing the eight members of the Commission, the Governor shall take into consideration both the geographic and ethnic representation of the State such that all segments of the population of the State to the extent possible are represented on the Commission.

(3) Notwithstanding paragraph (1) of this subsection, a member of any State board, commission, or authority may be appointed a member of the Maryland Aviation 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.

(2) The terms of the members are staggered as required by the terms provided for members of the Commission on October 1, 1994.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(f) (1) The Commission shall meet at a time and place designated by the Chairman of the Commission.

(2) The Commission shall meet as often as its duties require, but not less than quarterly.

(3) (i) Attendance by five members shall constitute a quorum.

(ii) No formal action may be taken by the Commission except by an affirmative vote of a majority of the entire Commission.

(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.

§ 5-201 - 1. Maryland Aviation Commission -- Management personnel positions; Chairman; Executive Director of Administration

(a) Determination of qualifications, appointment, compensation, and leave of management personnel. --

(1) Notwithstanding any other provision of law, the Commission shall determine the qualifications and appointment, as well as compensation and leave, for up to 12 management personnel positions required by the Administration to operate and administer all State-owned airports.

(2) (i) In making determinations and appointments under this subsection, the Commission shall consider the comparative status of employees serving in similar positions and discharging similar duties at comparable airports or aeronautical agencies.

(ii) In selecting comparable airports or agencies, the Commission shall consider operational and traffic data, market area characteristics, airport or agency competitiveness, and any other factors the Commission considers appropriate.

(3) Except for general salary increases approved by the General Assembly, the Commission shall submit to the Secretary of Budget and Management at least 10 days prior to the effective date of any management personnel position salary increase notice of the proposed adjustment.

(4) The Secretary of Budget and Management shall:

(i) Review the proposed adjustment; and

(ii) Within 10 days of receipt of the proposed adjustment, advise the Commission whether the adjustment poses an adverse impact on special fund expenditures.

(5) Failure of the Secretary of Budget and Management to advise the Commission in a timely manner shall be deemed a determination that the proposed adjustment poses no adverse impact.

(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.

(b) Actions subject to approval of Chairman. -- Actions of the Commission which, in the judgment of the Chairman, have an impact upon the Transportation Trust Fund are subject to the approval of the Chairman.

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

(1) Based on the advice of the Commission and 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 for the Governor's approval and inclusion in the proposed budget submitted to the General Assembly.

(d) Removal of Executive Director. -- The Chairman of the Commission with the advice of the Commission may remove the Executive Director of the Administration.

§ 5-201 - 2. Maryland Aviation Commission -- Annual report

(a) In general. -- 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 Commission during the previous year.

(b) Contents. -- The report shall include:

(1) A review of the financial and operational results for all State-owned airports during the previous year and any recommendations of the Commission for future changes in legislation, capital funding, or operational flexibility;

(2) Subject to review by the Department of Budget and Management, an estimate of all expenditures necessary for the operation of the Commission. The estimate shall identify staff resources allocated to the Commission that are provided by the Department or other State agencies; and

(3) Actions taken by the Commission pursuant to § 5-201.1(a) of this subtitle, including the consideration of the comparative status of employees serving at comparable airports or aeronautical agencies.

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