reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-302 - Power to Issue Revenue Bonds and Determine Related Matters

(a)    Except as provided in § 4-306(b) of this subtitle, without limiting the power of the Authority to issue additional revenue bonds under the provisions of law that authorize the issuance of revenue bonds of prior issues, the Authority from time to time may issue its revenue bonds to finance the cost of any one or more or combination of transportation facilities projects.
(b)    As to revenue bonds of any issue, the Authority may determine:
(1)    The date or dates of issue;
(2)    The date or dates and amount or amounts of maturity, which need not be in equal principal amounts or consecutive annual installments, but a bond may not be issued to mature later than 40 years after the date of its issue;
(3)    The rate or rates of interest payable on the bonds, or the manner of determining the rate or rates of interest, and the date or dates of payment of interest;
(4)    The tenor, form or forms, denomination or denominations, manner of execution, and place or places of payment of the principal of and interest on the bonds, which may be at any bank or trust company within or without this State;
(5)    Whether the bonds are to be issued in coupon or registered form or both and whether provision is to be made for the registration of the principal only of coupon bonds, for the reconversion of fully registered bonds into coupon form, and for the replacement of bonds that are mutilated, lost, or destroyed;
(6)    Whether all or any part of the bonds are redeemable before maturity and, if so, the terms, conditions, and prices of redemption; and
(7)    Any other matter relating to the form, terms, conditions, issuance, sale, and delivery of the bonds.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-303 - Execution of Bonds

(a)    (1)    Revenue bonds issued under this subtitle shall be executed on behalf of the Authority by the manual signature of at least one authorized individual.
(2)    Other signatures on the bonds may be either manual or facsimile.
(b)    If an individual whose manual or facsimile signature appears on any bond or coupon issued under this subtitle ceases to serve in an authorized capacity before the delivery of the bond, the signature nevertheless is as valid and sufficient for all purposes as if the individual had remained in that capacity until delivery of the bond.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-305 - Exemption From 8-206 and 8-208 of State Finance and Procurement Article

The revenue bonds, notes, and other evidences of obligation issued under this subtitle and their issuance and sale are exempt from the provisions of §§ 8-206 and 8-208 of the State Finance and Procurement Article, and the Authority may sell them at either public or private sale in the manner and for the price that it determines.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-306 - Other Approval Not Required; Exceptions

(a)    Except as provided in subsection (b) of this section, revenue bonds may be issued by the Authority:
(1)    Without obtaining the consent of any instrumentality, agency, or unit of this State; and
(2)    Without any proceedings or the happening of any conditions or things other than those specifically required by this subtitle.
(b)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, revenue bonds secured by toll revenue may be issued in any amount as long as the aggregate outstanding and unpaid principal balance of the revenue bonds secured by toll revenue and revenue bonds of prior issues does not exceed $3,000,000,000 or, in fiscal years 2015 through 2020, $2,325,000,000, on June 30 of any year.
(ii)    The maximum aggregate amount of revenue bonds that may be outstanding and unpaid under subparagraph (i) of this paragraph shall be reduced by the amount of:
1.    Any loan extended to the State under the federal Transportation Infrastructure Finance and Innovation Act; and
2.    Any line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act, to the extent the State draws on the line of credit.
(2)    Except as otherwise provided in this section and § 4–205 of this title, without the approval of the General Assembly, the Authority may issue bonds to refinance all or any part of the cost of a transportation facility project for which the Authority previously issued bonds authorized under this subtitle.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-307 - Additional Bonds

(a)    Subject to the provisions of §§ 4-306(b), 4-320, and 4-321 of this subtitle, if by reason of increased construction costs, error in estimates, or otherwise, the proceeds of the revenue bonds of any issue are less than the amount required for the purpose for which the bonds are authorized, additional revenue bonds may be issued in a similar manner to provide the amount of the deficiency.
(b)    The additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund, without preference or priority, as the bonds first issued. If the proceeds of the additional bonds exceed the amount required, the excess shall be deposited to the credit of any reserve fund for the bonds or, if so provided in the trust agreement securing the bonds, may be applied to the cost of any additional project.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-308 - Revenue Refunding Bonds

(a)    The Authority from time to time may issue its revenue refunding bonds for:
(1)    Refunding any bonds issued under this subtitle or any revenue bonds of prior issues, including the payment of any redemption premium on the bonds and any interest accrued or to accrue to the date of redemption of the bonds;
(2)    Constructing improvements or extensions to or enlargements of any transportation facilities project; and
(3)    Paying all or any part of the cost of any additional transportation facilities project.
(b)    The issuance of revenue refunding bonds, the details of their issuance, the rights of their holders, and the rights, duties, and obligations of the Authority with respect to them are governed by the provisions of this subtitle relating to revenue bonds, insofar as those provisions may be applicable.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-310 - Bond Anticipation Notes

(a)    The Authority may issue its bond anticipation notes, payable to the bearer or registered holder of the notes out of the first proceeds of the next sale of bonds issued under this subtitle.
(b)    The resolution authorizing the issuance of bond anticipation notes may provide for the issuance of these notes in series, as funds are required, and for the renewal of these notes at maturity, with or without resale.
(c)    The issuance of bond anticipation notes, the details of their issuance, the rights of their holders, and the rights, duties, and obligations of the Authority with respect to them are governed by the provisions of this subtitle relating to the issuance of the bonds in anticipation of the sale of which the notes are issued, insofar as those provisions may be applicable.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-311 - Trust Agreement Securing Bonds

(a)    (1)    Revenue bonds issued under this subtitle may be secured by a trust agreement between the Authority and a corporate trustee, which may be any trust company or bank having trust powers within or without this State.
(2)    The trust agreement may pledge or assign all or any part of the revenues of the Authority or of any transportation facilities project, but may not mortgage any part of any transportation facilities project.
(b)    Any trust agreement or bond authorizing resolution may:
(1)    Contain any provisions for the protection and enforcement of the rights and remedies of bondholders as are considered reasonable and proper, including covenants setting forth the duties of the Authority as to the financing or development of any transportation facilities project, the extension, enlargement, improvement, maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of money;
(2)    Provide for the employment of consulting engineers in connection with the construction or operation of any transportation facilities project;
(3)    Set forth the rights and remedies of the bondholders and of the trustee;
(4)    Restrict the individual right of action by bondholders; and
(5)    Contain any other provisions that the Authority considers reasonable and proper for the security of the bondholders, including:
(i)    Covenants to restrict or prohibit the construction or operation of competing transportation facilities of the same mode; and
(ii)    Covenants relating to the issuance of additional parity bonds on stated conditions consistent with the requirements of this subtitle.
(c)    All expenses incurred in carrying out the trust agreement may be treated as a part of the cost of the operation of the transportation facilities project in connection with which the bonds have been issued.
(d)    The proceeds of the sale of bonds shall be paid to the trustee under the trust agreement securing the bonds and shall be disbursed in the manner and under the restrictions, if any, provided in the trust agreement.
(e)    Any bank or trust company incorporated under the laws of this State that acts as depositary of the proceeds of the bonds or of revenues may furnish any indemnifying bonds or pledge any securities that the Authority requires.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-311.1 - Vehicle Parking Facility Financing

(a)    This section applies to the financing of a vehicle parking facility not located at a transportation facility, as defined in § 3-101 of this article.
(b)    (1)    Revenues from a vehicle parking facility shall be used to pay all operating and maintenance costs and the service on any debt for each year the debt is outstanding and unpaid.
(2)    Moneys from the Transportation Authority Fund may not be used as a cash investment for a vehicle parking facility.
(3)    The Authority shall give priority to projects that are located within a transit-oriented development area.
(c)    Not less than 30 days before entering into any contract or agreement to finance a vehicle parking facility, the Authority shall provide, in accordance with § 2-1246 of the State Government Article, to the Senate Budget and Taxation Committee and the House Appropriations Committee information on the proposed contract or agreement, including the level of any State, local, and private contributions.
(d)    The Authority shall adopt regulations specifying:
(1)    The types of vehicle parking facilities for which the Authority may provide financing;
(2)    The basic standards an entity must meet to qualify for vehicle parking facility financing; and
(3)    The criteria upon which the Authority shall base the financing decisions for vehicle parking facilities.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-312.1 - Elimination of Ramp Tolls on Kennedy Highway in Harford and Cecil Counties

The Maryland Transportation Authority shall take whatever steps may be necessary to obtain a modification of the trust agreement, dated as of July 1, 1978, between the Authority and Maryland National Bank, as trustee, to permit free access to and from the John F. Kennedy Memorial Highway from the ramps in Harford County and Cecil County. Upon the execution of this modification of the trust agreement, and after the cost of obtaining this modification has been recouped by the State through the accumulated revenues produced by the ramp tolls on the Kennedy Highway in Harford County and Cecil County, the Authority shall eliminate the ramp tolls on the Kennedy Highway in Harford County and Cecil County and may not thereafter charge or collect tolls at these ramps.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-313 - Transportation Authority Fund

(a)    (1)    All rentals, rates, fees, tolls, and other charges and revenues derived from any transportation facilities project shall be set aside in a fund known as the “Transportation Authority Fund”, except to the extent that they are pledged under an applicable trust agreement to secure either:
(i)    Revenue bonds issued under this subtitle if the trust agreement or bond authorizing resolution expressly provides that this section does not apply to those bonds; or
(ii)    Revenue bonds of prior issues.
(2)    The Transportation Authority Fund shall be pledged to and charged with the payment of:
(i)    The interest on bonds issued under this subtitle as it falls due;
(ii)    The principal of the bonds as it falls due;
(iii)    The necessary charges of paying agents for paying principal and interest; and
(iv)    The redemption price or purchase price of bonds retired by call or purchase as provided in the bond authorizing resolution or trust agreement.
(b)    (1)    The pledge is valid and binding from the time it is made.
(2)    Rentals, rates, fees, tolls, and other charges and revenues or other money so pledged and later received by the Authority immediately shall be subject to the lien of the pledge without physical delivery or any further act.
(3)    The lien of the pledge is valid and binding as against all parties having any claims of any kind in tort, contract, or otherwise against the Authority, whether or not these parties have notice of the pledge.
(4)    Notwithstanding any law to the contrary, neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded other than in the records of the Authority.
(c)    (1)    Any amount set aside in the Transportation Authority Fund that is not needed to provide for the payment of the items specified in subsections (a)(2) and (b) of this section may be transferred, upon the recommendation of the Secretary and after the approval of the Board of Public Works, to the Transportation Trust Fund to be used as appropriated by the General Assembly unless prohibited by any applicable resolution or trust agreement.
(2)    The use and disposition of money to the credit of the Transportation Authority Fund is subject to the provision of the applicable bond authorizing resolution or trust agreement.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-314 - Construction of Subtitle

(a)    Without in any way limiting or restricting its effect or application, this subtitle is intended to authorize the Authority to finance any one or more or any combination of transportation facilities projects by any one or more or combination of issues or series of bonds secured by the pledge of the net or gross or any combination of the net or gross rentals, rates, fees, tolls, and other charges and revenues derived from any transportation facilities project or combination of projects designated by any bond authorizing resolution or trust agreement securing the bonds.
(b)    However, all funds collected from rentals, rates, fees, tolls, and other charges and revenues which are not needed to meet the costs which they are required to meet under § 4–312 of this subtitle or any trust agreement and are not needed to meet obligations of the Transportation Authority Fund, may be used in the discretion of the Secretary to provide adequate and complete payment of all principal and interest on all bonds issued in connection with the John F. Kennedy Memorial Highway and any project constructed under the provisions of Section 3 (Bridge, Tunnel, and Motorway Revenue Bonds) of Chapter 608, of the Acts of the General Assembly of 1976. All such remaining funds thereafter remaining may be transferred, upon the recommendation of the Secretary and after the approval of the Board of Public Works, to the Transportation Trust Fund and may be used for any purpose to which funds in the Transportation Trust Fund may be applied.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-315 - Trust Funds

All money that is received by the Authority as proceeds from the sale of revenue bonds, notes, or other evidences of obligation under this subtitle and by way of rentals, rates, fees, tolls, and other charges and revenues derived from any transportation facilities project or combination of projects and that is designated by any authorizing resolution or trust agreement as security for the bonds, notes, or other evidences of obligation shall be deemed to be trust funds to be held and applied only as provided in this subtitle.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-316 - Remedies of Bondholder and Trustee

Except to the extent restricted by the trust agreement, the trustee or any holder of revenue bonds issued under this subtitle or of any of the coupons appertaining to the bonds may:
(1)    Bring a suit, action, mandamus, or other proceeding at law or in equity to protect and enforce any right under the laws of this State or under the bond authorizing resolution or trust agreement; and
(2)    Enforce and compel the performance of all duties required by this subtitle or by the trust agreement to be performed by the Authority or by any of its officers, including the fixing, charging, and collecting of rentals, rates, fees, tolls, and other charges and revenues.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-317 - Bonds and Other Evidences of Obligation Are Legal Investments

All public officers and public agencies of this State and its political subdivisions, all banks, trust companies, savings and loan associations, investment companies, and others carrying on a banking business, all insurance companies, insurance associations, and others carrying on an insurance business, all personal representatives, guardians, trustees, and other fiduciaries, and all other persons may legally and properly invest funds, including capital in their control or belonging to them, in revenue bonds, notes, and other evidences of obligation issued under this subtitle. These bonds, notes, and other evidences of obligation may legally and properly be deposited with and received by any State or municipal officer or any agency or political subdivision of this State for any purpose for which the deposit of bonds or other obligations of this State is authorized by law.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-318 - Exemption From Taxation

The revenue bonds, notes, and other evidences of obligation issued under this subtitle, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt at all times from every kind and nature of taxation by this State or by any of its political subdivisions, municipal corporations, or public agencies of any kind.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-319 - Full Faith and Credit Not Pledged

(a)    The revenue bonds, notes, and other evidences of obligation issued under this subtitle are not and may not be considered to constitute a debt or a pledge of the faith and credit of the State of Maryland, but shall be payable only from the funds from or revenues provided by this subtitle for that purpose.
(b)    All revenue bonds, notes, and other evidences of obligation issued under this subtitle shall contain a statement on their face to the effect that:
(1)    This State is not obligated to pay the principal of or the interest on them except from revenues; and
(2)    Neither the faith and credit nor the taxing power of this State is pledged to the payment of the principal of or the interest on them.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-320 - Limitation on Use of Federal Aid for Repayment of Bonds; Lien and Priorities in Event of Shortfall

If the Authority intends to pledge any future federal aid from any source to support repayment of any debt instrument issued under this subtitle:
(1)    The aggregate principal amount of debt issued under this subtitle or Title 3, Subtitle 6 of this article that is secured by a pledge of future federal aid may not exceed $750,000,000;
(2)    The date of maturity may not be later than 12 years after the date of issue;
(3)    Notwithstanding § 3-215(d) of this article, if future federal aid is insufficient to pay the principal of and interest on the bonds issued under this subtitle when due, the tax levied under § 3-215 of this article, to the extent the proceeds of such tax are not necessary to provide the sinking fund required under § 3-215(c) of this article, is irrevocably pledged to the payment of the principal of and interest on the bonds issued under this subtitle as they become due and payable;
(4)    The lien of the pledge under item (3) of this subsection shall at all times be subordinate to the lien of the pledge of such tax under § 3-215(d) of this article to the payment of principal of and interest on consolidated transportation bonds; and
(5)    No part of the tax levied under § 3-215 of this article may be repealed, diminished, or applied to any other purpose until:
(i)    The bonds issued under this subtitle and interest on them have become due and fully paid; or
(ii)    Adequate and complete provision for payment of the principal and interest has been made.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 3 - Financing of Projects › Section 4-320.1 - Bond Anticipation Notes

(a)    The Authority may issue bond anticipation notes secured by a pledge of a line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act.
(b)    Notes issued under this section shall have a maturity date of up to 3 years after the date of issue.
(c)    A pledge of a line of credit as authorized under this section does not constitute the pledge of future federal revenues, and notes issued under this section are not subject to § 3–601(d) of this article or § 4–320 of this subtitle.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 4 - Miscellaneous Provisions › Section 4-401 - Control of Entrances and Exits

If the Authority considers it necessary or desirable to insure the proper operation and maintenance of any transportation facilities project, it may designate, establish, limit, and control the entrances and exits of the project and may prohibit entrance or exit from any undesignated point.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 4 - Miscellaneous Provisions › Section 4-404 - Service Facilities on Kennedy Highway

(a)    The Authority shall construct any gasoline service facilities that it finds to be needed on the John F. Kennedy Memorial Highway.
(b)    The Authority may require a gasoline service facility located on the John F. Kennedy Memorial Highway to sell a blend of fuel that is at least 5% biodiesel fuel or other biofuel approved by the U.S. Environmental Protection Agency as a fuel or fuel additive or approved under the EPA Renewable Fuels Standard 2 Program.
(c)    The Authority shall regulate the prices of fuel products sold on the highway to the extent necessary to achieve reasonable costs to patrons.
(d)    The lessee of any service station established under this section shall accept in payment for products sold and services rendered those credit cards that the Authority directs.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 4 - Miscellaneous Provisions › Section 4-405 - Informational Signs

(a)    For the purpose of providing information to the driving public on the availability of gas, food, lodging, or camping facilities, the Authority may place along interstate highways specific information or business signs as defined in the applicable federal standards.
(b)    In implementing this program, the Authority shall conform with the provisions of § 8-605(d) of this article, and shall utilize the rules and regulations adopted by the State Highway Administration under that subsection.
2023 Maryland Statutes › Transportation › Title 4 - Revenue Facilities › Subtitle 4 - Miscellaneous Provisions › Section 4-407 - Construction of Toll Roads

(a)    This section applies to:
(1)    Caroline County;
(2)    Cecil County;
(3)    Dorchester County;
(4)    Kent County;
(5)    Queen Anne’s County;
(6)    Somerset County;
(7)    Talbot County;
(8)    Wicomico County; and
(9)    Worcester County.
(b)    A State agency, including the Authority, may not construct any toll road, toll highway, or toll bridge in the counties enumerated in this section without the express consent of a majority of the governments of the affected counties.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 1 - Definitions; General Provisions › Section 5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Administration” means the Maryland Aviation Administration.
(c)    (1)    “Aeronautics” means the science and art of flight.
(2)    “Aeronautics” includes:
(i)    Transportation by aircraft;
(ii)    The operation, construction, repair, or maintenance of aircraft, aircraft power plants, and their accessories;
(iii)    The repair, packing, and maintenance of parachutes;
(iv)    The design, acquisition, establishment, construction, extension, operation, improvement, repair, regulation, or maintenance of airports, airport facilities, and air navigation facilities; and
(v)    Instruction in flying and related ground subjects.
(d)    (1)    “Air navigation facility” means any facility that is used in, available for use in, or designed for use in the aid of air navigation.
(2)    “Air navigation facility” includes any one or more or combination of structures, mechanisms, lights, beacons, markers, communication systems, and other instrumentalities or devices useful or designed for use as an aid or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport or airport facility.
(e)    “Aircraft” means any device used or designed for navigation of or flight in the air.
(f)    “Airport” means any area established for the landing and taking off of aircraft, including any appurtenant airport facilities.
(g)    “Airport facility” includes any one or more or combination of:
(1)    Lands, airfield improvements, terminal area improvements, general aviation facilities, air cargo facilities, general site improvements, utilities, roads, streets, parking lots, and other facilities useful or designed for use in connection with the operation of an airport; and
(2)    All other appurtenances and equipment useful or designed for use in the handling of air carrier service, general aviation activities, and other related activities.
(h)    “Airport hazard” means any structure, tree or other vegetation, or use of land that:
(1)    Obstructs the airspace required for the landing and taking off of aircraft at an airport;
(2)    Is hazardous to the landing or taking off of aircraft at an airport; or
(3)    Interferes with communication between an airport and aircraft.
(i)    “Commission” means the Maryland Aviation Commission.
(j)    “Executive Director” means the Executive Director of the Maryland Aviation Administration.
(k)    “Operate aircraft” means to navigate, pilot, or otherwise use aircraft in the air or on land or water.
(l)    “Police officer” means any State or local officer authorized to make arrests for violations of State or local laws.
(m)    “Structure” means any object constructed or placed on or above the ground, including any building, fence, derrick, haystack, pole, wire, tower, or smokestack.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 1 - Definitions; General Provisions › Section 5-102 - Legislative Policy

(a)    The purpose of this title is to further the public interest and aeronautical progress by:
(1)    Promoting safety in and protecting aeronautics;
(2)    Cooperating to promote uniformity of aeronautics laws and regulations in the several states, consistent with federal aeronautics laws and regulations;
(3)    Granting powers to the Administration and imposing duties on it to enable this State to perform properly its functions relating to aeronautics and to exercise effectively its jurisdiction over persons and property, assist in the development of a statewide system of airports and airport facilities, cooperate with and assist the political subdivisions of this State and others engaged in aeronautics, and encourage and develop aeronautics;
(4)    Establishing only those regulatory provisions that are essential, so that persons may engage in any aspect of aeronautics with the least possible restriction, consistent with the safety, health, welfare, and the rights of others; and
(5)    Providing for cooperation:
(i)    With federal authorities in developing a national system of civil aviation; and
(ii)    With the political subdivisions of this State in developing and coordinating aeronautics in this State.
(b)    (1)    The acquisition of any property under this title, the planning, acquisition, establishment, construction, improvement, maintenance, equipping, and operation of airports, airport facilities, and air navigation facilities, whether separately by this State or by a political subdivision or jointly by this State with any political subdivision, and the exercise of any other powers granted by this title are public and governmental functions, exercised for a public purpose, as matters of public necessity.
(2)    All property and privileges acquired and used by or on behalf of this State or a political subdivision under this title are acquired and used for public and governmental purposes, as matters of public necessity.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 1 - Definitions; General Provisions › Section 5-103 - Jurisdiction Over Crimes, Torts, Wrongs, and Contracts

(a)    The law of this State defines and governs all crimes, torts, and other wrongs committed in flight over this State.
(b)    All contractual and other legal relations entered into by any person while in flight over this State have the same effect as if entered into on the land or water beneath.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 1 - Definitions; General Provisions › Section 5-104 - Sovereignty in and Ownership of Space

(a)    Except where granted to and assumed by the federal government under a constitutional grant from the people of this State, sovereignty in the space above the lands and waters of this State rests in this State.
(b)    The ownership of the space above the lands and waters of this State is vested in the owner of the surface beneath, subject to:
(1)    The right of flight described in § 5-1001 of this title; and
(2)    The zoning and related powers set forth in Subtitles 5 through 8 of this title.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-201.1 - Maryland Aviation Commission -- Management Personnel Positions; Chairman; Executive Director of Administration

(a)    (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 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)    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 § 5–501 of the General Provisions 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)    The Chairman of the Commission with the advice of the Commission may remove the Executive Director of the Administration.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-201.2 - Maryland Aviation Commission -- Annual Report

(a)    Subject to § 2-1257 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)    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.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-202.1 - Maryland Aviation Administration -- Executive Director

(a)    The head of the Administration is the Executive Director.
(b)    (1)    The Executive Director shall report directly to the Commission.
(2)    Subject to the direction of the Commission and in accordance with other provisions of law, the Executive Director is responsible for:
(i)    Carrying out the powers and duties vested by law in the Administration; and
(ii)    Adopting and carrying out regulations.
(c)    The Executive Director is entitled to the salary provided in the State budget.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-203 - Management and Control of Administration

(a)    The exercise of the powers and duties of the Administration is subject to the authority of the Secretary and, where applicable, to the authority of the Maryland Transportation Authority.
(b)    By regulation or directive, the Secretary or, where applicable, the Maryland Transportation Authority may require that the exercise of any power or duty of the Administration be subject to the prior approval of the Secretary or the Maryland Transportation Authority, as the case may be.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-204 - General Powers and Duties of Administration

(a)    In addition to the specific powers granted and duties imposed by this title, the Administration has the powers and duties set forth in this section.
(b)    The Administration has general supervision over aeronautics in this State.
(c)    The Administration shall:
(1)    Encourage, foster, and assist in the development of aeronautics in this State;
(2)    Encourage the establishment of airports, airport facilities, and air navigation facilities; and
(3)    Cooperate with and assist the federal government, any political subdivision of this State, and any other person in the development of aeronautics, and coordinate the aeronautical activities of these bodies and persons.
(d)    With the approval of the Secretary, the Administration may:
(1)    Recommend necessary legislation to advance the interests of this State in aeronautics;
(2)    Represent this State in aeronautics matters before any agency of this or any other state or of the federal government;
(3)    Participate on behalf of this State or any political subdivision or citizen of this State as party plaintiff or defendant or as intervenor in any controversy that involves the interest of this State in aeronautics; and
(4)    Adopt rules and regulations for the functioning and administration of the Administration.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-206 - Federal-State Cooperation

(a)    The Administration may confer or hold joint hearings with any federal agency in connection with any matter that:
(1)    Arises under this title; or
(2)    Relates to the sound development of aeronautics.
(b)    To the extent practicable, the Administration:
(1)    May use the cooperation, services, records, and facilities of federal agencies in the administration and enforcement of this title; and
(2)    Shall furnish to federal agencies its cooperation, services, records, and facilities.
(c)    Any police officer who is informed of an aeronautics accident in this State shall:
(1)    Report the accident to the Administration and to the appropriate federal agency; and
(2)    To the extent practicable, preserve, protect, and prevent the removal of the component parts of any aircraft involved in the accident until the Department of State Police or the appropriate federal agency institutes an investigation.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-207 - State Airways System

(a)    In this section, “State airway” means any route designated by the Administration as a route suitable for air navigation above the land or waters of this State.
(b)    (1)    Subject to paragraph (2) of this subsection, the Administration may:
(i)    Designate, design, and establish, expand, or modify a State airways system that best serves the interest of this State; and
(ii)    As required in the public interest, chart the system and arrange for publication and distribution of maps, charts, notices, and bulletins relating to the airways.
(2)    A State airway may not be established, expanded, or modified unless, after a hearing open to interested parties, the Administration finds that such action is necessary to the safety and advancement of aeronautics in this State.
(c)    The State airways system:
(1)    Shall be supplementary to and coordinated in design and operation with the federal airways system; and
(2)    May include any type of publicly or privately owned air navigation facility conforming to federal safety standards.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-208 - Rules, Regulations, and Standards

(a)    (1)    The Administration may perform any act, issue and amend any order, adopt and amend any general or special rule, regulation, or procedure, and establish any minimum standard consistent with this title and necessary:
(i)    To perform its duties and carry out the provisions of this title;
(ii)    To protect the general public safety, the safety of persons who operate, use, or travel in aircraft, the safety of persons who receive instructions in flying or ground subjects that relate to aeronautics, or the safety of persons and property on land or water; or
(iii)    To develop and promote aeronautics in this State.
(2)    The Administration may adopt rules and regulations by which a person engaging in aeronautics may be required to establish financial responsibility for any damage or injury that might be caused by the person.
(3)    (i)    The Administration shall adopt rules and regulations requiring the use of security identification badges in airports consistent with any airport security program regulations adopted under this section.
(ii)    After notice and opportunity for a hearing as provided under § 5-210 of this subtitle, the Administration may order a civil penalty not exceeding $1,000 for the misuse of a security identification badge in violation of an airport security program adopted under subparagraph (i) of this paragraph.
(b)    (1)    A rule or regulation adopted by the Administration may not apply to any airport, airport facility, or air navigation facility that is owned or operated by the United States.
(2)    A rule, regulation, order, or standard of the Administration may not be inconsistent with or contrary to federal law.
(c)    Copies of all rules, regulations, and standards shall be filed in accordance with the Administrative Procedure Act and the State Documents Law and shall be made available to the public.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-209 - Investigations, Inquiries, and Hearings

(a)    The Executive Director or any officer or employee of the Administration designated by the Executive Director may conduct investigations, inquiries, and hearings as to:
(1)    Any matter covered by this title or by a rule, regulation, or order of the Administration; or
(2)    Any aeronautics accident in this State.
(b)    Hearings shall be:
(1)    Open to the public; and
(2)    Except as provided in § 5–210 of this subtitle, held on such notice as the Executive Director considers advisable.
(c)    The Executive Director or his designee may:
(1)    Administer oaths;
(2)    Certify to all official acts; and
(3)    Issue subpoenas and orders for the attendance and testimony of witnesses and the production of papers, books, and documents.
(d)    (1)    If a person fails to comply with any subpoena or order issued under this section, the Executive Director or his designee may invoke the aid of a court of competent jurisdiction.
(2)    The court may order that person to obey the subpoena or order or to give evidence about the matter in question.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-210 - Administrative Actions; Notice and Opportunity for Hearing; Judicial Review

(a)    (1)    If the Administration issues an order directing compliance with a specific requirement or if the Administration denies, suspends, or revokes a license, certificate, or other approval, the order or the denial, suspension, or revocation, as the case may be, shall state the reasons for the Administration’s action and shall specify the acts to be done or requirements to be met before approval by the Administration will be given, the license, certificate, or other approval granted or restored, or the order modified or changed.
(2)    Orders issued by the Administration shall be served on the affected persons by personal service or certified mail, return receipt requested, bearing a postmark from the United States Postal Service.
(b)    (1)    If notice and opportunity for hearing are required under any provision of this title:
(i)    The order or other action of the Administration shall specify, on not less than 21 days’ notice, the time and place of hearing or the time within which the affected person may request a hearing; and
(ii)    The order or other action becomes effective on expiration of the time for exercising the opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order or other action is suspended until the Administration, after the hearing or on default by the affected person, affirms, disaffirms, or modifies the order or other action.
(2)    The Administration shall conduct the hearing at or near its principal office.
(c)    Any person aggrieved by an order of the Administration or by the grant, denial, suspension, or revocation of any license, certificate, or other approval may appeal as provided by the Administrative Procedure Act.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-211 - Officers or Employees of Department as Witnesses

An officer or employee of the Department may not be required to testify in any suit, action, or other proceeding that involves aircraft, either:
(1)    With respect to any fact ascertained in or information gained by reason of his official capacity; or
(2)    As an expert witness.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 2 - Maryland Aviation Commission and Maryland Aviation Administration › Section 5-212.1 - Authority to Issue Citations for Motor Vehicle Parking Violations

(a)    The Executive Director may designate employees of the Administration to exercise the powers specified in subsection (b) of this section.
(b)    (1)    An employee appointed under this section may issue citations to the extent authorized by the Executive Director for violations of those provisions of § 5–426 of this title relating to motor vehicle parking at the airport.
(2)    The issuance of citations under this section shall comply with requirements of Title 26, Subtitle 3 of this article.
(c)    The Executive Director, in consultation with the chief police officer of the Maryland Transportation Authority Police and the Maryland Police Training and Standards Commission, shall adopt regulations establishing:
(1)    Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and
(2)    Standards for the performance of the duties assigned to employees appointed under this section.