Section 12-109 - Powers of authority, county, and municipal corporation. - Maryland Statutes

§ 12-109. Powers of authority, county, and municipal corporation.
 

(a)  Powers of authority.-  

(1) Except as limited by its articles of incorporation, an authority has all the powers set forth in this subtitle. 

(2) An authority may: 

(i) receive money from its incorporating county or municipal corporation, the State, other governmental units, or not-for-profit organizations; 

(ii) charge fees for its services; 

(iii) have employees and consultants as it considers necessary; and 

(iv) use the services of other governmental units. 

(b)  Powers of county and municipal corporation.- For the purposes of this subtitle, each county and municipal corporation has all the powers granted in this subtitle to an authority, including the power to make loans to private enterprises competing with enterprises not receiving the loans. 

(c)  Exercise of powers.-  

(1) (i) An authority shall operate and exercise its powers solely to accomplish one or more of the legislative purposes of this subtitle. 

(ii) The incorporating county or municipal corporation may use the authority's exercise of its powers to accomplish one or more of the legislative purposes. 

(2) An authority or an incorporating county or municipal corporation may exercise its powers regardless of any effect on economic competition. 

(3) The powers granted to a county or municipal corporation under paragraph (2) of this subsection do not: 

(i) grant to the county or municipal corporation powers in any substantive area not otherwise granted to the county or municipal corporation under other public general or public local law; 

(ii) restrict the county or municipal corporation from exercising any power granted to the county or municipal corporation under other public general or public local law or otherwise; 

(iii) authorize the county or municipal corporation, or the officers of the county or municipal corporation, to engage in an activity that is beyond the power granted under other public general or public local law or otherwise; or 

(iv) preempt or supersede the regulatory authority of a unit of State government under a public general law. 

(4) The incorporating county or municipal corporation is not precluded from directly exercising the powers granted to an authority under this subtitle after the establishment of the authority. 
 

[An. Code 1957, art. 41, § 14-103(f)(1)(i)-(ii), (2), (g)(1), (i), (l); 2008, ch. 306, § 2; ch. 307, § 1.]