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§ 2-103. Additional powers and duties of Secretary

West's Annotated Code of MarylandTransportationEffective: July 1, 2019

West's Annotated Code of Maryland
Transportation
Title 2. Department of Transportation (Refs & Annos)
Subtitle 1. Organization and General Authority of the Department (Refs & Annos)
Effective: July 1, 2019
MD Code, Transportation, § 2-103
§ 2-103. Additional powers and duties of Secretary
Currentness
Budgets
(a)(1) The Secretary is responsible for the budget of the Office of the Secretary and for the budget of each unit in the Department.
(2) The budget request that the Secretary submits for the Department shall contain, for each modal administration, separate items for:
(i) Capital expenditures; and
(ii) Operating expenditures.
(3) Whenever the proposed budget of the Governor includes for the Department total capital and operating expenditures that exceed the expenditures proposed in the Consolidated Transportation Program, the Department shall submit to the General Assembly, subject to § 2-1257 of the State Government Article, a reconciliation report that specifically sets forth the proposed projects for which the additional expenditures are requested.
Rules and regulations
(b) Except with respect to the Maryland Transportation Authority, the Maryland Port Commission and the Maryland Port Administration, the Secretary:
(1) May adopt rules and regulations for the Department and any of its units to carry out those provisions of this article that are subject to the jurisdiction of the Department; and
(2) Shall review and may approve, disapprove, or revise the rules and regulations of each unit in the Department.
Advisory units
(c) The Secretary may create and determine the size of any advisory unit for the Department as he considers appropriate.
Seal
(d) The Office of the Secretary shall have a seal to authenticate copies of records or papers of the Department.
Development and maintenance of transportation planning process
(e)(1) The Secretary is responsible for all planning activities of the Department and for the development and maintenance of a continuing, comprehensive, and integrated transportation planning process.
(2) In accordance with § 2-103.1 of this subtitle, the Secretary shall develop and, with the approval of the Governor, shall adopt a State Report on Transportation to guide program development and to foster efficient and economical transportation services throughout the State.
(3) On or before the 3rd Wednesday of January of each year, the Secretary shall submit the State Report on Transportation to the General Assembly, subject to § 2-1257 of the State Government Article.
Notice and hearing
(e-1)(1) Before the Department begins the process of establishing, altering, or eliminating a Metropolitan Planning Organization for transportation planning purposes for an area in the State designated under federal law as an urbanized area, the Department shall give notice of the pending process by certified mail, return receipt requested, to each member of the General Assembly representing:
(i) A State legislative district, any portion of which is located in the urbanized area; and
(ii) A State legislative district that is located within 1 mile of the border of the urbanized area.
(2) The Department shall hold a public hearing in the designated urbanized area to address issues related to the establishment, alteration, or elimination of a Metropolitan Planning Organization if a member of the General Assembly who is provided notice under paragraph (1) of this subsection requests the public hearing within 45 days of receipt of the notice.
Transfers of staff, powers, or duties
(f)(1) Except as provided in paragraph (2) of this subsection, the Secretary may transfer, assign, and reassign any staff, power, or duty from any unit in the Department to his office or to another unit in the Department. If a transfer, assignment, or reassignment occurs, the appropriation for the respective staff, power, or duty also shall be transferred.
(2) This subsection does not apply to:
(i) The powers or duties of the State Roads Commission that are set forth in Article III, § 40B of the Maryland Constitution; or
(ii) The powers or duties that are vested by law in:
1. The Board of Airport Zoning Appeals;
2. The Transportation Professional Services Selection Board;
3. The Maryland Transportation Authority; or
4. The Maryland Port Commission and Maryland Port Administration.
Exercise or performance of powers and duties of units in Department
(g)(1) Except as provided in paragraph (2) of this subsection, the Secretary may exercise or perform any power or duty that any unit in the Department may exercise or perform.
(2) This subsection does not apply to:
(i) The powers or duties that are set forth in Article III, § 40B of the Maryland Constitution; or
(ii) The powers or duties that do not require by law the approval or action of the Secretary and are vested by law in:
1. The Board of Airport Zoning Appeals;
2. The Transportation Professional Services Selection Board;
3. The Maryland Transportation Authority; or
4. The Maryland Port Commission and Maryland Port Administration.
Contracts
(h) Consistent with the State budget, Division II of the State Finance and Procurement Article, and other applicable provisions of law, the Secretary may contract with any person to provide services, supplies, construction, and maintenance for the Department or for any transportation related purposes.
Grants or gifts
(i)(1) The Secretary may apply for and receive from the federal government or any person any grants-in-aid or gifts for any transportation related purpose.
(2) To the extent permitted by the State budget, the Secretary may make grants-in-aid to:
(i) Any governmental transportation agency in this State, including any county agency, bicounty agency, multijurisdiction agency, or municipal agency; or
(ii) Any other person for any transportation related purpose.

Credits

Added by Acts 1977, c. 13, § 2, eff. July 1, 1977. Amended by Acts 1980, c. 775, § 21; Acts 1982, c. 282; Acts 1983, c. 323; Acts 1983, c. 473; Acts 1984, c. 285, § 2; Acts 1985, c. 11, §§ 1, 4; Acts 1986, c. 396, § 1; Acts 1988, c. 541, § 1; Acts 1989, c. 5, § 1; Acts 1990, c. 6, § 2; Acts 1993, c. 5, § 1; Acts 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 2001, c. 29, § 1, eff. April 10, 2001; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2014, c. 393, § 1, eff. Oct. 1, 2014; Acts 2016, c. 25, §§ 1, 2, eff. Oct. 1, 2016; Acts 2019, c. 8, § 5.
Formerly Art. 41, §§ 207, 208.
MD Code, Transportation, § 2-103, MD TRANS § 2-103
Current through legislation effective through July 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document