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Statutes Text

Article - Transportation




§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:

            (i)    Consider information and advice from:

                1.    The air carrier industry;

                2.    The airport concessionaire industry;

                3.    The airline support services industry;

                4.    Citizen advisory groups;

                5.    Airport employees or their representatives;

                6.    Local government;

                7.    Citizens from communities near airports; and

                8.    Other Maryland communities that have, or are predicted to have, potentially adverse health or community impacts from airport infrastructure and economic growth decisions; and

            (ii)    Consider the aviation, economic, business, environmental, health, and community–related impacts or any other impacts the Commission finds relevant to the decisions of the Commission or the Administration.

    (c)    (1)    The Commission shall consist of 13 voting members:

            (i)    12 appointed by the Governor with the advice and consent of the Senate:

                1.    Two of whom shall be recommended by the Anne Arundel County Senate Delegation; and

                2.    Two of whom shall be recommended by the Howard County Senate Delegation; and

            (ii)    The Secretary of Transportation, who shall be the Chairman of the Commission.

        (2)    The Secretary of Commerce 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 12 members of the Commission, the Governor shall take into consideration:

            (i)    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; and

            (ii)    The experience of an appointee in the aviation and airport industries such that some Commission members have directly relevant experience.

        (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.

    (h)    (1)    Each member of the Commission shall receive an orientation session to educate the member on the Commission’s responsibilities under subsection (b) of this section.

        (2)    (i)    Members appointed to the Commission before October 1, 2023, shall receive the orientation as a group within a reasonable time on or after October 1, 2023.

            (ii)    Members appointed to the Commission on or after October 1, 2023, shall receive the orientation on an individual basis within a reasonable time following appointment.



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