<section article="gtr" article_name="Transportation" number="6-101" title_number="6" title_name="Ports" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Administration” means the Maryland Port Administration.</text> </level> <level label="c"> <text>“Commission” means the Maryland Port Commission.</text> </level> <level label="d"> <text>“Executive Director” means the Executive Director of the Maryland Port Administration.</text> </level> <level label="e"> <text>“Port facility” includes any one or more or combination of:</text> <level label="1"> <text>Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, and equipment useful or designed for use in connection with the operation of a port;</text> </level> <level label="2"> <text>Every kind of terminal or storage structure or facility useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals;</text> </level> <level label="3"> <text>Every kind of transportation facility useful or designed for use in connection with any of these; and</text> </level> <level label="4"> <text>An international trade center constituting a facility of commerce and consisting of one or more buildings, structures, improvements, and areas that the Department considers necessary, convenient, or desirable for the centralized accommodation of functions, activities, and services for or incidental to the transportation of persons by water, the exchange, buying, selling, and transportation of commodities and other property in international and national waterborne trade and commerce, the promotion and protection of this trade and commerce, and governmental services related to them and other federal, state, and municipal agencies and services, including foreign trade zones, offices, marketing and exhibition facilities, terminal and transportation facilities, customhouses, custom stores, inspection and appraisal facilities, parking areas, commodity and security exchanges, and, in the case of buildings, structures, improvements, and areas in which such accommodation is afforded, all the buildings, structures, improvements, and areas, although other parts of the buildings, structures, improvements, and areas might not be devoted to purposes of the international trade center other than the production of incidental revenue available for the expenses and financial obligations of the Department in connection with the international trade center and although other parts of the buildings, structures, improvements, and areas might be rented or leased for the use or occupancy of departments, bureaus, units, or agencies of the United States, this State, or any political subdivision of this State.</text> </level> </level> <level label="f"> <text>“Project” means any port facility acquired, constructed, controlled, or operated by the Administration, including all property acquired for the construction or operation of the port facility.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-102" title_number="6" title_name="Ports" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>The General Assembly of Maryland makes the following declarations of its intent in the enactment of this title.</text> </level> <level label="b"> <text>The ports and harbors of this State are assets of value to the entire State. The residents of all parts of this State benefit directly from the waterborne commerce that they attract and service. Any improvement to these ports and harbors that increases their export and import commerce will benefit the people of the entire State.</text> </level> <level label="c"> <level label="1"> <text>The purpose of this title is to increase the waterborne commerce of the ports in this State and, by doing so, benefit the people of this State.</text> </level> <level label="2"> <text>Commerce may be attracted to these areas by:</text> <level label="i"> <text>Developing existing facilities to provide quicker, cheaper, and better handling of cargoes; and</text> </level> <level label="ii"> <text>Effectively advertising and promoting the facilities and the use of the several port areas.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>Since existing port and terminal facilities of Baltimore and other port areas have been provided mostly by private enterprise, the General Assembly seeks primarily to improve the facilities and strengthen the workings of the private operators.</text> </level> <level label="2"> <text>However, the private operators in the port areas have a public responsibility to provide modern port and harbor facilities suited to the needs of the public that they serve. Therefore, the Administration should have power to obtain information about the rates and practices of private operators, and, while it should assist and encourage the extension and improvement of privately operated port facilities, it also should have the power, if private facilities are inadequate or inadequately operated at any time, to construct and, if necessary, to operate any supplementary public facilities that it considers to be required in the public interest.</text> </level> </level> <level label="e"> <text>The development of ports able to attract increasing amounts of waterborne commerce will require the construction of additional modern facilities and installations. A public port authority, using public funds, will be able to construct and, if necessary, operate these facilities and installations if the immediate financial returns are not sufficient to attract private capital.</text> </level> <level label="f"> <text>In order to meet increased competition from other states’ ports that are operated with public funds either directly as state agencies or indirectly as private operating companies, the Administration should have the authority, subject to approval of the Commission, to operate public port facilities either directly or indirectly in the form and manner that the Commission deems necessary.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-102.1" title_number="6" title_name="Ports" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Cargo” does not include a vessel’s machinery or supplies, or the vessel’s equipment transported onto or off of the vessel.</text> </level> <level label="3"> <text>“Drug” means:</text> <level label="i"> <text>A controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; and</text> </level> <level label="ii"> <text>A prescription drug as defined in § 21–201 of the Health – General Article, to the extent that the drug affects job performance and worker safety at a marine facility.</text> </level> </level> <level label="4"> <text>“Employee” means any individual who is an employee, independent contractor, subcontractor, or other individual who provides labor for compensation at a marine facility for a person.</text> </level> <level label="5"> <text>“Marine facility” means a terminal or storage structure or facility used for the purpose of handling, storing, loading, or unloading freight in the Helen Delich Bentley Port of Baltimore.</text> </level> <level label="6"> <text>“Program” means an alcohol–free and drug–free workplace program for a marine facility that meets the requirements of this section.</text> </level> <level label="7"> <level label="i"> <text>“Safety–sensitive employee” means an employee who operates heavy machinery.</text> </level> <level label="ii"> <text>“Safety–sensitive employee” includes, but is not limited to:</text> <level label="1"> <text>An operator of a crane, winch, or top loader; and</text> </level> <level label="2"> <text>A driver of a hustler or forklift.</text> </level> </level> </level> </level> <level label="b"> <text>This section does not apply to:</text> <level label="1"> <text>Employees, contractors, independent contractors, or agents of the Maryland Port Administration;</text> </level> <level label="2"> <text>Vessel employees, or employees of contractors or subcontractors that attend vessels, who do not load or unload cargo between a vessel and a pier, or from one stowage position to another on a vessel, at a marine facility; or</text> </level> <level label="3"> <text>Individuals or employees required by federal or State law to comply with 49 C.F.R. Parts 40 and 382 of the Federal Motor Carrier Safety Regulations.</text> </level> </level> <level label="c"> <text>Persons that lease space at a marine facility from the Maryland Port Administration shall implement a program that:</text> <level label="1"> <text>Prohibits the sale, purchase, transfer, use, or possession of alcohol or drugs at a port facility;</text> </level> <level label="2"> <text>Provides a plan that includes the nondiscriminatory administration of tests for the presence of alcohol or drugs in accordance with established testing procedures, including random, reasonable cause, post accident, and return-to-work, or post treatment testing of safety-sensitive employees, and pre-employment test for the presence of drugs, of employees;</text> </level> <level label="3"> <text>Provides for rehabilitation programs and disciplinary and sanction procedures for individuals who violate the Program;</text> </level> <level label="4"> <text>Provides sufficient notice to employees of testing procedures, consent, and other requirements of the Program;</text> </level> <level label="5"> <text>Provides adequate security measures for collection, chain of custody, and handling of test material; and</text> </level> <level label="6"> <text>Establishes procedures for the reporting, review, and appeal of test results.</text> </level> </level> <level label="d"> <text>The Program shall generally comply with the guidelines for a drug-free workplace program established by the Maryland Center for Workplace Safety and Health.</text> </level> <level label="e"> <text>A member of a labor organization or other group of employees at a marine facility that is subject under a labor agreement or contract to an alcohol and drug program that generally conforms to the provisions of this section shall be deemed to be in compliance with the requirements, testing procedures, and other provisions of this section.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-103" title_number="6" title_name="Ports" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>Except as otherwise provided in this title, the Administration has jurisdiction and may exercise its powers and duties in or near any of the navigable waters of this State or at inland properties or facilities acquired, leased, or operated by the Administration for the transport or storage of cargo and equipment.</text> </level> <level label="b"> <text>The Administration does not have any jurisdiction in Queen Anne’s County.</text> </level> <level label="c"> <level label="1"> <text>The Administration has jurisdiction in Calvert County, Charles County, or St. Mary’s County only after the county government and its legislative delegation give consent to this jurisdiction.</text> </level> <level label="2"> <text>The required consent may be given only after sufficient public hearings and public notice.</text> </level> <level label="3"> <text>The county government of the county for which consent is requested shall give public notice of the hearings:</text> <level label="i"> <text>By publication once a week for 2 successive weeks before the hearing in a newspaper published in those counties that may be directly affected by granting the requested consent; or</text> </level> <level label="ii"> <text>In any other manner that the county government requires.</text> </level> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-201" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>There is a Maryland Port Commission.</text> </level> <level label="b"> <text>The Commission shall:</text> <level label="1"> <text>Establish policies directed toward improving the competitive position of the ports of Maryland within the international port industry;</text> </level> <level label="2"> <text>Adopt regulations for the operation of the Administration in a competitive manner within the port industry;</text> </level> <level label="3"> <text>Exercise those powers granted to the Commission and to the Maryland Port Administration by this title or by any other provision of law;</text> </level> <level label="4"> <text>Unless otherwise directed by the Secretary, serve as the board of directors of any private operating company created under this title; and</text> </level> <level label="5"> <text>In carrying out the provisions of this subtitle, seek information and advice from port labor and management groups.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Secretary of Business and Economic Development shall serve as a nonvoting ex officio Commission member.</text> </level> </level> <level label="d"> <level label="1"> <text>Subject to the provisions of paragraph (3) of this subsection, the Governor may not appoint to the Commission:</text> <level label="i"> <text>An officer or employee of the State;</text> </level> <level label="ii"> <text>A representative of any entity whose principal activities are ports-related;</text> </level> <level label="iii"> <text>A person employed by any entity whose principal activities are ports-related; or</text> </level> <level label="iv"> <text>A member of the General Assembly.</text> </level> </level> <level label="2"> <text>The Governor shall take into consideration geographic representation when appointing the 6 members of the Commission.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>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.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-201.1" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The Chairman of the Commission shall:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>Approve the Administration’s budget before its submission to the General Assembly as part of the Governor’s proposed budget.</text> </level> </level> <level label="c"> <text>The Chairman of the Commission may:</text> <level label="1"> <text>Remove the Executive Director of the Administration; and</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-201.2" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>The Secretary of Budget and Management shall:</text> <level label="i"> <text>Review the proposed changes; and</text> </level> <level label="ii"> <text>Within 10 days of receipt of the proposed changes, advise the Commission whether the changes would have an adverse effect on special fund expenditures.</text> </level> </level> <level label="5"> <text>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.</text> </level> <level label="6"> <text>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.</text> </level> <level label="7"> <text>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.</text> </level> <level label="8"> <text>Subject to § 2–1257 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.</text> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>The Commission shall present regulations proposed under this subsection to the Board of Public Works for approval.</text> </level> </level> <level label="2"> <text>The Commission may adopt any other regulations necessary to carry out the provisions of this title.</text> </level> </level> <level label="c"> <level label="1"> <text>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 Port Commission during the previous year.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The report shall also include any substantive changes in its regulations for procurement and personnel.</text> </level> <level label="4"> <level label="i"> <text>The report shall also describe the vulnerability assessment information concerning public terminals submitted by the Administration to the United States Coast Guard under the federal Maritime Transportation Security Act of 2002.</text> </level> <level label="ii"> <text>With respect to any vulnerability concerns reported by the Administration to the United States Coast Guard, the information reported under this paragraph:</text> <level label="1"> <text>Shall provide an estimate of the cost of addressing the vulnerability concerns;</text> </level> <level label="2"> <text>Shall state the amount of any grants or other federal funds received or requested by the Administration to address the vulnerability concerns and shall include information on the status of any pending requests for federal funds; and</text> </level> <level label="3"> <text>May not include the specific details of any vulnerability concerns, the disclosure of which could compromise, in any way, transportation security.</text> </level> </level> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-202" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <text>There is a Maryland Port Administration.</text> </section> <section article="gtr" article_name="Transportation" number="6-203" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>The head of the Administration is the Executive Director.</text> </level> <level label="b"> <level label="1"> <text>The Executive Director shall report directly to the Commission.</text> </level> <level label="2"> <text>Subject to the authority of the Commission, the Executive Director is responsible for carrying out:</text> <level label="i"> <text>The powers and duties vested by law in the Administration; and</text> </level> <level label="ii"> <text>The regulations adopted by the Commission.</text> </level> </level> <level label="3"> <text>The Executive Director is entitled to the salary provided in the State budget.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-204" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>In addition to the specific powers granted under this title, and subject to the supervision of the Commission, the Administration has the powers granted by this section.</text> </level> <level label="b"> <text>The Administration may sue and be sued in its own name.</text> </level> <level label="c"> <text>The Administration may propose for adoption by the Commission regulations to carry out the provisions of this title.</text> </level> <level label="d"> <text>Either directly or by expert consultants, the Administration may make any investigations and surveys, including:</text> <level label="1"> <text>Studies of business conditions, freight rates, and port services;</text> </level> <level label="2"> <text>Physical surveys of the conditions of channels and structures;</text> </level> <level label="3"> <text>Studies of the need for additional port facilities to develop, improve, and more speedily handle commerce; and</text> </level> <level label="4"> <text>Any other study, survey, or estimate necessary for the exercise of its powers under this title.</text> </level> </level> <level label="e"> <text>The Administration may apply for and receive grants from any federal agency for the planning, construction, operation, or financing of any port facility and may receive aid or contributions of money, property, labor, or other things of value from any source, to be held, used, and applied for the purposes for which the grants, aid, and contributions are made.</text> </level> <level label="f"> <text>The Administration may do anything necessary to promote and increase commerce within its territorial jurisdiction, including:</text> <level label="1"> <text>Purchasing advertising;</text> </level> <level label="2"> <text>Engaging in public relations programs;</text> </level> <level label="3"> <text>Publishing literature;</text> </level> <level label="4"> <text>Soliciting business by correspondence and traveling representatives; and</text> </level> <level label="5"> <text>Cooperating with civic, technical, professional, and business organizations and associations.</text> </level> </level> <level label="g"> <text>To increase the commerce of ports in this State, the Administration may establish and maintain a traffic bureau or other office to investigate and seek improvement in rates, rate structures, practices, and charges affecting these ports.</text> </level> <level label="h"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the Administration may apply for the establishment, maintenance, and operation of foreign trade zones within its territorial jurisdiction and may operate and maintain these zones under the laws or regulations of the United States for the establishment, operation, and maintenance of foreign trade zones in ports of entry of the United States.</text> </level> <level label="2"> <text>The Administration may not apply for the establishment, operation, and maintenance of a foreign trade zone unless it has the specific approval of the Board of Public Works. Approval of the Board of Public Works shall be based on information and advice, as received from the Department of Natural Resources, the Department of Commerce, other interested agencies of this State, and the county government of each involved county, on the potential effects of the foreign trade zone on the water resources, fisheries, and economic life of this State.</text> </level> </level> <level label="i"> <text>The Administration may acquire, construct, reconstruct, rehabilitate, improve, maintain, lease as lessor or as lessee, repair, and operate either directly or through State created private operating companies port facilities within its territorial jurisdiction, including the dredging of ship channels and turning basins and the filling and grading of land.</text> </level> <level label="j"> <text>The Administration may designate the location and character of all port facilities and improvements that the Administration holds, owns, or over which it is authorized to act, and it may regulate all matters related to the location and character of these facilities and improvements.</text> </level> <level label="k"> <level label="1"> <text>In the exercise of its powers and the performance of its duties under this title, the Administration may acquire and hold in its own name and may lease, convey, or otherwise dispose of any property, including:</text> <level label="i"> <text>Lands lying under water;</text> </level> <level label="ii"> <text>Riparian rights in and adjacent to lands; and</text> </level> <level label="iii"> <text>Property devoted to a public use in or near the navigable waters within the territorial jurisdiction of the Administration.</text> </level> </level> <level label="2"> <text>The acquisition by or on behalf of the Administration of personal property to be used outside of this State is not subject to Title 4, Subtitle 3 of the State Finance and Procurement Article requiring purchases through the Department of General Services.</text> </level> </level> <level label="l"> <text>The Administration may fix, revise, charge, and collect rates, fees, rentals, or other charges for the use of any project under its control.</text> </level> <level label="m"> <text>The Administration may appear in its own behalf before any board, commission, department, or agency of the federal government, of any state, or of any international conference and before any committee of the Congress of the United States or the General Assembly of Maryland, or any appropriate nongovernmental body, in any matter:</text> <level label="1"> <text>That relates to the design, establishment, construction, extension, operation, improvement, repair, or maintenance of a project operated and maintained by the Administration under this title;</text> </level> <level label="2"> <text>That relates to rail rates, water rates, port services and charges, demurrage, switching, wharfage, towage, pilotage, differentials, discriminations, labor relations, trade practices, river and harbor improvements, aids to navigation, or permits for structures in navigable waters; or</text> </level> <level label="3"> <text>That affects the physical development or business interest of the Administration and those it serves.</text> </level> </level> <level label="n"> <level label="1"> <text>The Administration may employ consulting engineers, accountants, attorneys, construction and financial experts, superintendents, traveling representatives, managers, clerks, stenographers, and laborers, and any other agents and employees that it considers necessary to carry out the provisions of this subtitle.</text> </level> <level label="2"> <text>This subsection does not affect the duties of the Attorney General specified in § 2–106 of this article.</text> </level> </level> <level label="o"> <text>The Administration may do anything else necessary or convenient to carry out the powers granted in this title.</text> </level> <level label="p"> <text>The exercise of the powers under this title is an essential governmental function of the State.</text> </level> <level label="q"> <level label="1"> <text>The Administration, with the approval of the Commission, may create private operating companies for the purpose of operating public port facilities.</text> </level> <level label="2"> <text>Other than employees appointed by the Commission under § 6–201.2(a) of this subtitle, employees of a private operating company created under this subsection are not State employees.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-204.1" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <text>The Administration, or with the approval of the Administration, a private operating company created under § 6-204(q) of this subtitle may:</text> <level label="1"> <text>Upon its own terms and conditions determine an appropriate operational unit of employees involved in the operation of port facilities for purposes of collective bargaining;</text> </level> <level label="2"> <text>Upon its own terms and conditions accredit and recognize a labor organization as the exclusive representative of a majority of employees employed in the appropriate operational unit as determined under item (1) of this section; and</text> </level> <level label="3"> <text>Bargain with and enter into written collective bargaining agreements concerning wages or salaries, hours, benefits, and working conditions with the labor organization accredited and recognized under item (2) of this section.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-205" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <text>Under the authority granted by § 6-204(i) of this subtitle, the Maryland Port Administration may operate and maintain the port facility presently under its jurisdiction at Cambridge, Maryland. The operation and maintenance may include the leasing of the facility. The Maryland Port Administration may expend the necessary funds for the development of the port facility at Cambridge. The Administration may sell, transfer, or otherwise dispose of the facility in accordance with § 10-305 of the State Finance and Procurement Article.</text> </section> <section article="gtr" article_name="Transportation" number="6-206" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>Subject to Subtitle 4 of this title, the Administration may:</text> <level label="1"> <text>Provide for the preservation of navigation within its territorial jurisdiction, including the establishment of lines beyond which piers, bulkheads, wharves, pilings, structures, obstructions, or extensions may not be made or extended;</text> </level> <level label="2"> <text>In order to foster and facilitate navigation and prevent injury to persons or property:</text> <level label="i"> <text>Prohibit, provide for, and regulate within its territorial jurisdiction the shipment, storage, handling, and transportation of explosives and other materials that it determines to be dangerous;</text> </level> <level label="ii"> <text>Provide for the stationing, anchoring, and moving of vessels or other watercraft; and</text> </level> <level label="iii"> <text>Adopt rules and regulations to prevent any refuse or other matter from being thrown into, deposited in, or placed where it may fall or be washed into any navigable waters;</text> </level> </level> <level label="3"> <text>Make surveys or charts of navigable waters within its territorial jurisdiction and ascertain the depth and course of the channels of these waters;</text> </level> <level label="4"> <text>In order to prevent injury to navigation or health:</text> <level label="i"> <text>Erect, maintain, and authorize the erection and maintenance of wharves, bulkheads, piers, and pilings; and</text> </level> <level label="ii"> <text>Adopt regulations governing their erection, maintenance, and repair, including regulations concerning the erection, maintenance, or repair of any wharf, dock, pier, bulkhead, or piling that is associated with the construction of a dwelling unit or other nonwater dependent structure on a pier; and</text> </level> </level> <level label="5"> <text>As to wharves, docks, piers, bulkheads, or pilings, it owns or controls:</text> <level label="i"> <text>Regulate their use;</text> </level> <level label="ii"> <text>Lease or rent them;</text> </level> <level label="iii"> <text>Impose and collect dockage from vessels and watercraft lying at or using them; and</text> </level> <level label="iv"> <text>Collect wharfage and other charges on goods, wares, merchandise, or other articles landed at, shipped from, stored on, or passed over them.</text> </level> </level> </level> <level label="b"> <text>Except for docks or wharves owned, controlled, or operated by the Administration, this title does not:</text> <level label="1"> <text>Impose any duty on the Administration as to the safety of any person using any waters;</text> </level> <level label="2"> <text>Render the Administration liable for any loss of life, injury, or damage to any person or property because of any obstruction in or unsafe condition of any part of the waters; or</text> </level> <level label="3"> <text>Render the Administration liable for any failure to adopt or enforce any rule or regulation under this title.</text> </level> </level> <level label="c"> <text>The powers in this section may not be exercised in any county unless the county approves the operations of the Administration in the county.</text> </level> <level label="d"> <level label="1"> <text>Any ordinance or regulation that was adopted before June 1, 1959 by any State agency, political subdivision, or other public body and that relates to a subject matter over which authority is granted to the Administration by subsection (a) of this section:</text> <level label="i"> <text>Continues to be in effect, except as otherwise provided in this subsection;</text> </level> <level label="ii"> <text>Has the status of a regulation adopted by the Administration; and</text> </level> <level label="iii"> <text>Like other regulations of the Administration, may be readopted, amended, or repealed by the Administration.</text> </level> </level> <level label="2"> <text>Only the Administration may readopt, amend, or repeal these ordinances or regulations.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-207" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>The Administration may establish and maintain facilities in the Baltimore harbor area to dispose of waste matter, other than oil, collected from commercial vessels under the applicable provisions of Title 8 of the Natural Resources Article.</text> </level> <level label="b"> <text>The Administration shall make a reasonable charge for the use and service of this facility.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-208" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <text>Except as otherwise provided in this title, the Administration may make any contract necessary for or incidental to the performance of its duties and the exercise of its powers under this title.</text> </section> <section article="gtr" article_name="Transportation" number="6-209" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>The Administration may permit gaming aboard a passenger cruise vessel if:</text> <level label="1"> <text>The vessel has overnight cabin accommodations for at least 300 passengers;</text> </level> <level label="2"> <text>The vessel is operated by an authorized cruise ship operator certified under the International Convention for the Safety of Life at Sea (SOLAS); and</text> </level> <level label="3"> <text>The owner or operator of the vessel has obtained the required authorization as provided in this section.</text> </level> </level> <level label="b"> <level label="1"> <text>The owner, operator, or any franchise holder of a cruise vessel described in subsection (a) of this section may apply to the Administration for authorization to conduct gaming aboard the vessel.</text> </level> <level label="2"> <text>An application for authorization under this subsection shall include the following information:</text> <level label="i"> <text>The applicant’s corporate name, address, and place of incorporation;</text> </level> <level label="ii"> <text>The name of the applicant’s liability insurer;</text> </level> <level label="iii"> <text>The gaming rules to be in effect while the vessel is in the waters of the State; and</text> </level> <level label="iv"> <text>A schedule of all cruise operations for which authorization is requested, including arrival and departure dates and the identification of the vessel for each cruise.</text> </level> </level> <level label="3"> <text>In addition to the information required under paragraph (2) of this subsection, the applicant shall send a complete copy of the application to the Department of State Police.</text> </level> </level> <level label="c"> <level label="1"> <text>An authorization issued by the Administration to a qualified applicant under this section shall remain valid for a period of not more than 1 year.</text> </level> <level label="2"> <text>An authorization issued under this section authorizes gaming on the waters of the State only while the vessel:</text> <level label="i"> <text>Is underway;</text> </level> <level label="ii"> <text>Is east of the Francis Scott Key Bridge; and</text> </level> <level label="iii"> <text>Is operating under an itinerary that either originates or terminates in a foreign port outside the continental United States.</text> </level> </level> <level label="3"> <text>The Administration may not issue an authorization under this section for a vessel on an excursion undertaken solely for gaming purposes even though the vessel may leave the territorial waters of the United States during the excursion.</text> </level> </level> <level label="d"> <text>Any legal disputes arising from an authorization issued under this section shall be adjudicated under the applicable State or international maritime law.</text> </level> <level label="e"> <text>A violation of any provision of this section or of any other applicable gaming law of the State:</text> <level label="1"> <text>Shall be investigated jointly by the Administration and the Department of State Police; and</text> </level> <level label="2"> <text>In addition to any other penalties provided by law, may result in the withdrawal of an authorization issued under this section after the affected party has been granted an opportunity for a hearing.</text> </level> </level> <level label="f"> <text>The Administration may adopt regulations as necessary to carry out the provisions of this section.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-211" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>The Commission may adopt and enforce regulations for the parking and operation of motor vehicles in and on its port facilities.</text> </level> <level label="b"> <text>The regulations shall:</text> <level label="1"> <text>Be reasonably necessary for the safety of persons and property or for the efficient operation of the port facilities;</text> </level> <level label="2"> <text>Provide for a uniform system for accessible parking for individuals with disabilities to enhance the safety of people with disabilities in conformity with the “Uniform System for Parking for Persons with Disabilities” (23 C.F.R. Part 1235) and the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities” (Appendix A to 28 C.F.R. Part 36 and 36 C.F.R. Part 1191.1); and</text> </level> <level label="3"> <text>Include procedures for the voluntary payment of fines directly to the Administration in uncontested parking cases.</text> </level> </level> <level label="c"> <text>The Maryland Transportation Authority Police Force may issue citations for violations of the motor vehicle regulations adopted under this section.</text> </level> <level label="d"> <level label="1"> <text>Any person who violates a parking regulation adopted under this section is subject to a fine not exceeding $50. A violation of a parking regulation is not a misdemeanor.</text> </level> <level label="2"> <text>Any person who violates any other regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-212" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <level label="a"> <text>An agent or employee of the Administration or member of the Commission may not:</text> <level label="1"> <text>Contract with the Administration;</text> </level> <level label="2"> <text>Have any direct or indirect interest in a contract with the Administration; or</text> </level> <level label="3"> <text>Have any direct or indirect interest in the sale or purchase by the Administration of any property.</text> </level> </level> <level label="b"> <text>An agent, employee, member, or officer of a local port authority or local port commission may not:</text> <level label="1"> <text>Contract with the authority or commission;</text> </level> <level label="2"> <text>Have any direct or indirect interest in a contract with the authority or commission;</text> </level> <level label="3"> <text>Have any direct or indirect interest in a company that does business with the authority or commission; or</text> </level> <level label="4"> <text>Have any direct or indirect interest in the sale or purchase by the authority or commission of any property.</text> </level> </level> <level label="c"> <text>Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-213" title_number="6" title_name="Ports" subtitle_number="2" subtitle_name="Maryland Port Commission and Maryland Port Administration"> <text>Except as provided in § 3-102 of this article:</text> <level label="1"> <text>Every resolution, rule, regulation, form, order, and directive adopted by or relating to the former Maryland Port Authority remains in effect until changed by the Administrator or the Secretary; and</text> </level> <level label="2"> <text>Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the Maryland Port Authority means the Maryland Port Administration.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-301" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <level label="a"> <text>Subject to the provisions of this subtitle, the Administration may acquire in its own name, by purchase or by condemnation, any property, including any public land, land lying under water, or riparian right, necessary or convenient to construct or operate any project.</text> </level> <level label="b"> <level label="1"> <text>Any condemnation proceedings under this section shall be conducted under Title 12 of the Real Property Article.</text> </level> <level label="2"> <text>The Administration may not condemn any property unless the property is located entirely within the territorial jurisdiction of the Administration.</text> </level> <level label="3"> <text>The Administration may not condemn any property that belongs to a public service company subject to Division I of the Public Utilities Article, if the property is:</text> <level label="i"> <text>Devoted to public use; or</text> </level> <level label="ii"> <text>Reasonably necessary for future public use by the public service company.</text> </level> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-302" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <text>Notwithstanding any contrary provision of law, this State, its agencies, and its political subdivisions may lease, lend, grant, or otherwise convey to the Administration, at its request, any property, including property devoted to public use, that is necessary or convenient for the purposes of the Administration.</text> </section> <section article="gtr" article_name="Transportation" number="6-303" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <level label="a"> <text>The Administration may not acquire by purchase or condemnation any property owned by this State or any of its agencies without the prior approval of the Board of Public Works.</text> </level> <level label="b"> <text>Subject to prior approval of the Board of Public Works, the Administration may use any land owned by this State, including land lying under water, that the Administration considers necessary or convenient to construct or operate any project.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-304" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <level label="a"> <text>The Administration may not acquire by purchase or condemnation any property located in any political subdivision of this State without the prior approval of the political subdivision, as provided for in this section.</text> </level> <level label="b"> <text>Approval required by this section shall be obtained as follows:</text> <level label="1"> <text>If the property is located in a county other than Baltimore City and not in any municipal corporation, from the county;</text> </level> <level label="2"> <text>If the property is located in a municipal corporation within any county, both from the mayor and council, by whatever name known, of the municipal corporation and from the county; and</text> </level> <level label="3"> <text>If the property is located in Baltimore City, from the Board of Estimates of Baltimore City.</text> </level> </level> <level label="c"> <text>If the Administration makes a written request for approval of the appropriate body, the approval required by this section is deemed to be given unless the Administration is notified in writing to the contrary within 90 days after it makes the request.</text> </level> <level label="d"> <text>This section does not affect the right of the Administration to acquire an option or institute any condemnation proceedings for later acquisition of the property once the approval required by this section is obtained.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-305" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <text>In any county where planning and development regulations have legal status, the Administration shall comply with and is subject to those regulations to the same extent as a private commercial or industrial enterprise.</text> </section> <section article="gtr" article_name="Transportation" number="6-306" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <level label="a"> <text>The Administration and its authorized agents and employees may enter on any lands, waters, and other property in this State to make any surveys, soundings, drillings, and examinations that it considers necessary for the purposes of this title.</text> </level> <level label="b"> <text>An entry made under this section is not a trespass and may not be considered an entry under any pending condemnation proceeding.</text> </level> <level label="c"> <text>The Administration shall pay for any actual damages to the land, waters, or other property that result from an entry made under this section.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-307" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <level label="a"> <text>For purposes of this section, the territorial jurisdiction of the Administration is not limited by § 6–103 of this title or any other provision of this title and extends to and includes the area within any political subdivision in this State.</text> </level> <level label="b"> <level label="1"> <text>Any political subdivision in this State may apply to the Administration, by ordinance or resolution, for the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision.</text> </level> <level label="2"> <text>If the Administration finds that the proposal furthers the purposes of this title, it may approve the application.</text> </level> </level> <level label="c"> <level label="1"> <text>If the Administration approves the application, the political subdivision that applied may contract with the Administration for the construction, acquisition, extension, enlargement, or improvement of these port facilities.</text> </level> <level label="2"> <text>Under the contract, the political subdivision may incur indebtedness to the Administration in an amount not exceeding $1 million at any one time.</text> </level> <level label="3"> <text>The contract by which the indebtedness is incurred shall require that:</text> <level label="i"> <text>All project costs of the port facilities be set out in an account to be known as the investment account; and</text> </level> <level label="ii"> <text>The share of the costs assumed by the political subdivision under the contract be repaid within not more than 40 years.</text> </level> </level> </level> <level label="d"> <text>For purposes of this section, a political subdivision, through its governing body, may:</text> <level label="1"> <text>Participate with the Administration in the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision; and</text> </level> <level label="2"> <text>Participate by contract with the Administration in the operation and maintenance of these port facilities.</text> </level> </level> <level label="e"> <level label="1"> <text>A county and any municipal corporation in the county jointly may participate with the Administration, by agreement confirmed by resolution or ordinance, in carrying out any of the purposes of this section.</text> </level> <level label="2"> <text>If there is joint participation under this subsection by a county and a municipal corporation, the loan limitation imposed by subsection (c)(2) of this section is increased to $2 million, and the respective liabilities of the county and the municipal corporation shall be determined by agreement between them.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-308" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <level label="a"> <text>In this section, “cargo handling facilities” includes any one or more or combination of lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigerated storage plants, buildings, structures, and other facilities, appurtenances, and equipment useful or designed for use in connection with the handling, storing, loading, or unloading of freight and any other personal property at marine terminals.</text> </level> <level label="b"> <level label="1"> <text>Except as otherwise provided in this subsection, each county retains the right to impose annual taxes on land and improvements on land acquired and developed in the political subdivision by the Administration. The Administration is subject also to all benefit assessments, including any sewer and water charges that may be levied by operation of law.</text> </level> <level label="2"> <text>The right to impose taxes does not apply to any land or improvements acquired from the county, to any cargo handling facilities owned or leased, as lessor or lessee, by the Administration, or to any land used only in conjunction with these cargo handling facilities. From the date any of this property is purchased, erected, constructed, or leased, it is exempt from all property taxes and benefit assessments to their owner, to the Administration, and to the lessees of the Administration.</text> </level> <level label="3"> <text>The right to impose taxes does not apply to the international trade center described in § 6-101(e)(4) of this title, which trade center is exempt from all property taxes and benefit assessments to the Administration.</text> </level> </level> <level label="c"> <text>The Administration and the county may make any agreements:</text> <level label="1"> <text>For the Administration to pay to the county a stated sum in place of any taxes or benefit assessments to which the Administration is subject; or</text> </level> <level label="2"> <text>For voluntary contributions as to tax-exempt property.</text> </level> </level> <level label="d"> <level label="1"> <text>Each lease of a cargo handling facility for a term of more than 1 year, including renewal options, that is made between the Administration and a lessee engaged in business for profit shall contain a provision requiring the lessee to pay to the Administration annually, except to the extent that the improvements are taxed to the lessee, a sum of money computed on the basis of the full cash value of the leased land and improvements on it multiplied by the assessment percentage under § 8-103(c)(1) of the Tax - Property Article, multiplied by the current State and local real estate tax rates.</text> </level> <level label="2"> <text>The supervisor of assessments of the county in which the leased land is located shall cooperate with the Administration in establishing the full cash value of the leased land and improvements on it.</text> </level> </level> <level label="e"> <text>The Administration may not acquire on a lease-back basis any land or improvement on it without the prior consent of the political subdivision in which the land or improvements are located.</text> </level> <level label="f"> <text>This section does not affect any agreement made before June 1, 1966, between the Administration and any county as to tax exemptions or payments in place of taxes or benefit assessments.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-309" title_number="6" title_name="Ports" subtitle_number="3" subtitle_name="Acquisition and Operation of Port Facilities"> <level label="a"> <text>Notwithstanding any other provision of this title, this section controls as to Anne Arundel County.</text> </level> <level label="b"> <level label="1"> <text>The Administration may not acquire any interest in land or improvements on land in Anne Arundel County without the prior approval of the county, given after a public hearing.</text> </level> <level label="2"> <text>This subsection does not affect the right of the Administration to acquire an option for later acquisition of the property or improvements once the approval required by this subsection is obtained.</text> </level> <level label="3"> <level label="i"> <text>If the Administration makes a written request for approval of the county, the approval required by this subsection is deemed to be given unless the Administration is notified in writing to the contrary within 90 days after it makes the request.</text> </level> <level label="ii"> <text>The Administration, in accordance with § 2–1257 of the State Government Article, shall provide written notice of a request under this paragraph to the Anne Arundel County Delegation to the General Assembly.</text> </level> </level> </level> <level label="c"> <text>Anne Arundel County retains the right to impose taxes on any land and improvements on land acquired under this title in Anne Arundel County by the Administration or any other person.</text> </level> <level label="d"> <text>The Administration and Anne Arundel County may make any agreements for the Administration to pay to the county a stated sum in place of any of these taxes.</text> </level> <level label="e"> <text>This section shall be strictly construed.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-401" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <text>The Administration may purchase and Baltimore City may sell to the Administration any of the title and interest that Baltimore City has in any of the following:</text> <level label="1"> <text>All of the property described in the contract, dated December 29, 1926, between the Mayor and City Council of Baltimore and the Western Maryland Railway Company (ratified by Ordinance No. 965, approved February 4, 1927, of the Mayor and City Council of Baltimore) and the contract, dated April 27, 1955, between the same parties (ratified by Ordinance No. 1483, approved May 19, 1955, of the Mayor and City Council of Baltimore), which deal with the construction, improvement, addition to, and leasing of the McComas Street Terminal at Port Covington in Baltimore City;</text> </level> <level label="2"> <text>All of the property described in the contract, dated August 4, 1944, between the Mayor and City Council of Baltimore and the National Gypsum Company (ratified by Ordinance No. 133, approved August 29, 1944, of the Mayor and City Council of Baltimore), which deals with the construction of the National Gypsum Company Pier in Baltimore City; and</text> </level> <level label="3"> <text>The Broadway Pier (Recreation Pier) at the foot of Broadway in Baltimore City.</text> </level> </level> <level label="b"> <text>Any sale under this section shall be on the terms and conditions and at the price agreed to by the Administration and the Board of Estimates of Baltimore City.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-402" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <level label="1"> <text>If the Administration and Baltimore City cannot agree on the terms, conditions, and price for any of the property described in § 6-401 of this subtitle, the matter shall be referred to an arbitration board.</text> </level> <level label="2"> <text>The arbitration board shall consist of three members appointed as follows:</text> <level label="i"> <text>One by the Administration;</text> </level> <level label="ii"> <text>One by the Board of Estimates of Baltimore City; and</text> </level> <level label="iii"> <text>One jointly by the two members already appointed.</text> </level> </level> <level label="3"> <text>If, within 15 days after the appointment of the second arbitrator, a third arbitrator has not been appointed, the Governor shall appoint the third arbitrator.</text> </level> <level label="4"> <text>If the party seeking arbitration appoints its arbitrator and gives written notice of this appointment to the other party, the other party shall appoint its arbitrator within 30 days after the receipt of the notice. If the other party refuses or neglects to appoint its arbitrator within the 30-day period, the arbitrator appointed by the party seeking arbitration may review the entire matter in controversy as if that individual were an arbitrator appointed by both parties for that purpose.</text> </level> </level> <level label="b"> <level label="1"> <text>If only one arbitrator is appointed under subsection (a) of this section, the decision of that arbitrator:</text> <level label="i"> <text>Shall be made within 90 days after the Administration or the Board of Estimates, as the case may be, refuses or neglects to appoint its arbitrator;</text> </level> <level label="ii"> <text>Shall be reported in writing to both parties; and</text> </level> <level label="iii"> <text>Is final and binding on both parties.</text> </level> </level> <level label="2"> <text>If three arbitrators are appointed under subsection (a) of this section, the decision of the majority of them:</text> <level label="i"> <text>Shall be made within 90 days after the first two arbitrators are appointed or within any additional period not exceeding 30 days as may be agreed to by the Administration and the Board of Estimates in writing;</text> </level> <level label="ii"> <text>Shall be reported in writing to both parties; and</text> </level> <level label="iii"> <text>Is final and binding on both parties.</text> </level> </level> </level> <level label="c"> <text>The arbitration board or, if only one arbitrator is appointed, the arbitrator may, among other things:</text> <level label="1"> <text>Require that each party to the controversy submit a written statement of its contention to the board and send a copy of the statement to the other party;</text> </level> <level label="2"> <text>Make investigations, inspections, and examinations;</text> </level> <level label="3"> <text>Take, receive, and keep a permanent record of testimony and other evidence;</text> </level> <level label="4"> <text>Hold hearings after notice to the parties in interest; and</text> </level> <level label="5"> <text>Adopt rules and regulations for the conduct of the arbitration proceedings.</text> </level> </level> <level label="d"> <text>Each party shall pay 50 percent of the arbitration expenses.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-403" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <text>Notwithstanding any other provision of this title, any agreement between the Administration and the Mayor and City Council of Baltimore in connection with the transfer of the McComas Street Terminal, the National Gypsum Company Pier, or the Broadway Pier (Recreation Pier) shall state:</text> <level label="1"> <text>The duties and functions of Baltimore City or any of its agencies that are imposed by any law on the harbor or Helen Delich Bentley Port of Baltimore or their operation and that the Administration must perform; and</text> </level> <level label="2"> <text>The time when the Administration must perform these duties and functions.</text> </level> </level> <level label="b"> <text>As long as neither the Administration nor Baltimore City or any of its agencies takes an arbitrary or unreasonable position as to the matters described in subsection (a) of this section, there is no obligation for any of them to submit the matters to arbitration under § 6-402 of this subtitle.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-404" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <text>On the transfer of the McComas Street Terminal or the National Gypsum Company Pier to the Administration, the Administration is vested with the control, operation, and maintenance of the transferred facility and all its rentals, charges, and revenues, subject only to any existing lease or contract relating to the facility.</text> </level> <level label="b"> <level label="1"> <text>The transfer to the Administration of the McComas Street Terminal or the National Gypsum Company Pier does not affect in any way:</text> <level label="i"> <text>The terms, conditions, and covenants of the contracts between the Mayor and City Council of Baltimore and the Western Maryland Railway Company or between the Mayor and City Council of Baltimore and the National Gypsum Company, respectively; or</text> </level> <level label="ii"> <text>The rights, privileges, and duties of the Western Maryland Railway Company or the National Gypsum Company, respectively, as granted or imposed by these contracts.</text> </level> </level> <level label="2"> <text>Effective on the day of the transfer of the McComas Street Terminal or the National Gypsum Company Pier, the Western Maryland Railway Company or the National Gypsum Company, as the case may be, shall pay to the Administration the rent reserved under the contracts relating to the transferred facility, in the same manner as required by the contracts. This rent is considered as income to the Administration.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-405" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <text>Except for property needed or used in the operation of the fire or police departments of Baltimore City, the Administration may purchase and Baltimore City may sell to the Administration any interest that Baltimore City has in any property used in the operation of the Helen Delich Bentley Port of Baltimore.</text> </level> <level label="b"> <text>Any sale under this section shall be on the terms and conditions and at the price agreed to by the Administration and the Board of Estimates of Baltimore City.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-406" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <text>The purpose of §§ 6-406 through 6-410 of this subtitle is:</text> <level label="1"> <text>To avoid duplication of effort by the Administration and Baltimore City, to the extent that they have coextensive authority in matters relating to harbors, docks, wharves, and port development; and</text> </level> <level label="2"> <text>To assure the uninterrupted continuation of needed services.</text> </level> </level> <level label="b"> <text>The duty to exercise all authority in this field continues in Baltimore City to the extent that the authority has not been transferred to the Administration by agreement made under § 6-407 of this subtitle.</text> </level> <level label="c"> <level label="1"> <text>If, by agreement made under § 6-407 of this subtitle, Baltimore City transfers to the Administration any duty, only the Administration may perform that duty.</text> </level> <level label="2"> <text>Any ordinance or regulation that was adopted before June 1, 1959, by the Mayor and City Council of Baltimore and that relates to any authority transferred to the Administration by agreement made under § 6-407 of this subtitle:</text> <level label="i"> <text>Continues to be in effect, except as otherwise provided in this subsection;</text> </level> <level label="ii"> <text>Has the status of a regulation adopted by the Administration; and</text> </level> <level label="iii"> <text>Like other regulations of the Administration, may be readopted, amended, or repealed by the Administration.</text> </level> </level> <level label="3"> <text>Only the Administration may readopt, amend, or repeal these ordinances or regulations.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="6-407" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <text>The Administration and the Board of Estimates of Baltimore City shall provide by agreement for the apportionment between the Administration and Baltimore City of the duties imposed on and performed by Baltimore City under:</text> <level label="1"> <text>Article 2 (10) of the Charter of Baltimore City (1964 Revision);</text> </level> <level label="2"> <text>Article 2 (28) of the Charter of Baltimore City (1964 Revision); and</text> </level> <level label="3"> <text>Sections 321 through 326 and § 641 of the Code of Public Local Laws of Baltimore City (1949 Edition).</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-408" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <text>An agreement made under § 6-407 of this subtitle may provide for the transfer by Baltimore City to the Administration of any officers, including the harbor engineer of Baltimore City, and any employees of Baltimore City as are necessary or convenient for the Administration to perform the duties that it undertakes by the agreement.</text> </level> <level label="b"> <text>Each transferred officer and employee covered by and subject to the provisions of the City Service Commission of Baltimore City as a classified employee is entitled, without further examination or restriction, to all the rights and privileges and is subject to all the provisions of the State Personnel and Pensions Article.</text> </level> <level label="c"> <level label="1"> <text>The transfer of an officer or employee may not result in any decrease of the salary or status of the officer or employee.</text> </level> <level label="2"> <text>To the extent reasonably possible, each transfer shall be to a position of comparable rank and responsibility.</text> </level> </level> <level label="d"> <text>Notwithstanding any other law to the contrary, each transferred officer and employee is eligible for membership in the State Employees’ Retirement System, and all rights of the officer or employee under the employees’ retirement system of Baltimore City may be transferred to the State Employees’ Retirement System as provided by law.</text> </level> <level label="e"> <text>If the Administration and Baltimore City cannot agree by negotiation on the number or type of officers or employees to be transferred under this section, they shall submit the matter to arbitration as provided in § 6-402 of this subtitle.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-409" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <text>Except as expressly provided in this title, this title does not repeal, modify, or otherwise affect in any manner:</text> <level label="1"> <text>Any certificates of indebtedness issued by the Mayor and City Council of Baltimore before June 1, 1956, under:</text> <level label="i"> <text>Chapter 560 of the Laws of Maryland of 1920, as amended by Chapter 242 of the Laws of Maryland of 1929;</text> </level> <level label="ii"> <text>Chapter 201 of the Laws of Maryland of 1951;</text> </level> <level label="iii"> <text>Baltimore City Ordinance No. 539, approved October 2, 1928;</text> </level> <level label="iv"> <text>Baltimore City Ordinance No. 1097, approved July 16, 1930;</text> </level> <level label="v"> <text>Baltimore City Ordinance No. 1613, approved April 4, 1951; or</text> </level> <level label="vi"> <text>Any other law;</text> </level> </level> <level label="2"> <text>Anything done or any contract, lease, agreement, or other legal instrument made before June 1, 1956, by the Mayor and City Council of Baltimore, the Commissioners of Finance of Baltimore City, the Board of Estimates of Baltimore City, the Port Development Commission of Baltimore City, or the Port of Baltimore Commission under or in connection with any of the laws listed in item (1) of this subsection or any other law; or</text> </level> <level label="3"> <text>Any of the powers or duties of the Mayor and City Council of Baltimore, the Commissioners of Finance of Baltimore City, the Board of Estimates of Baltimore City, or the Port of Baltimore Commission under or in connection with any of the laws listed in item (1) of this subsection or any other law.</text> </level> </level> <level label="b"> <text>After the Mayor and City Council of Baltimore has issued and sold enough of its certificates of indebtedness under the laws listed in subsection (a) (1) of this section or any other law to comply fully with all of its obligations, duties, and responsibilities under the contract, dated April 27, 1955, between the Mayor and City Council of Baltimore and the Western Maryland Railway Company (ratified by Ordinance No. 1483, approved May 19, 1955), the authority of the Mayor and City Council of Baltimore to issue or sell any more certificates of indebtedness under the laws listed in subsection (a) (1) of this section terminates.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-410" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <text>Except as expressly provided in an agreement made under § 6-407 of this subtitle, §§ 6-406 through 6-410 of this subtitle may not interfere with or impede the exercise by the Mayor and City Council of Baltimore of any of its rights, privileges, or powers under those provisions of the Charter or Public Local Laws of Baltimore City referred to in § 6-407 of this subtitle.</text> </section> <section article="gtr" article_name="Transportation" number="6-411" title_number="6" title_name="Ports" subtitle_number="4" subtitle_name="Helen Delich Bentley Port of Baltimore"> <level label="a"> <text>The Administration shall make annual payments in lieu of taxes to the Mayor and City Council of Baltimore for the properties known as “McComas-A2”, “DMT-Bendix”, “Seagirt-Parcel B”, and “Toyota-Md. Ship”.</text> </level> <level label="b"> <text>The payments required under this section shall be:</text> <level label="1"> <text>For fiscal year 1998, $410,000 in aggregate amount;</text> </level> <level label="2"> <text>For fiscal year 1999, $418,200 in aggregate amount; and</text> </level> <level label="3"> <text>For fiscal year 2000 and each subsequent fiscal year, the product of multiplying the applicable Baltimore City real property tax rate times the assessment of the land as determined under Title 8 of the Tax - Property Article, not including the assessment of any improvements, for each of the properties.</text> </level> </level> <level label="c"> <text>Payments under this section shall be subject to such terms and conditions, if any, as may be provided by agreement between the Administration and Baltimore City.</text> </level> </section> <section article="gtr" article_name="Transportation" number="6-601" title_number="6" title_name="Ports" subtitle_number="6" subtitle_name="Liberal Construction; Penalties"> <text>This title is necessary for the welfare of this State and its inhabitants and shall be liberally construed to accomplish its purposes.</text> </section> <section article="gtr" article_name="Transportation" number="6-602" title_number="6" title_name="Ports" subtitle_number="6" subtitle_name="Liberal Construction; Penalties"> <text>Except as otherwise provided in this title, any person who violates any provision of this title or of any rule or regulation adopted by the Administration is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.</text> </section>