Marvin Mandel, Governor                        1179

tration, or the Administrator, or the Secretary of Transportation, or
the Deputy Secretary of Transportation, or any officer or employee
of the [Commission] Administration or office of the Secretary, shall
be required to testify to any facts ascertained in, or information
gained by reason of, his official capacity, or be required to testify as
an expert witness in any suit, action or proceeding involving any
aircraft.

34.

[There is hereby created a fund to be known as the "State Avia-
tion Fund,"] All moneys received from registration fees, fines,
licensing of airports, landing fields, air schools, or other licenses
issued under the provisions of this article, shall be paid into the
[State treasury] Transportation Trust Fund pursuant to Article
94A, Section 11, of this Code, and credited to such fund.

Sec. 5. And be it further enacted, That Sections 3(b), 3(c), 3(d),
3(e), 3(f), 3(g), 3(h), 3(i), 3(j), 5(j), 5(n), 8B(k), 9, 20, 21(b)
and 21 (c) of Article 62B of the Annotated Code of Maryland (1957
Edition, 1968 Replacement Volume and 1969 Supplement), title
"Maryland Port Authority" be and they are hereby repealed in their
entirety, and that Sections 3(a), 4(b), 5(a), 5(h), 5(m), 5(o),
and 13 (a) of the same Article 62B be and they are hereby repealed
and re-enacted with amendments, to be under the new title AND TO
CHANGE THE TITLE OF ARTICLE 62B TO BE "Maryland Port
Administration," all to read as follows:

3.

[(a) Authority Created; State Instrumentality.—There is here-
by created a body politic and corporate to be known as the "Maryland
Port Authority."] The [Authority] Maryland Port Administration
established pursuant to Article 41, Section 207C of this Code, is
hereby constituted an instrumentality of the Department of Trans-
portation of the State of Maryland, and the exercise by the
[Authority] Department of Transportation and the Maryland Port
Administration of the powers conferred by this Article shall be
deemed and held to be the performance of an essential governmental
function of the State of Maryland.

The exercise of all powers, duties, and functions vested in the
Maryland Port Administration by the provisions of this Article shall
be subject to the authority of the Secretary of Transportation and
the Maryland Transportation Authority set forth in Articles 41 and
94A of this Code or elsewhere in the laws of Maryland.

The powers, authority and functions vested in the Maryland Port
Administration by the provisions of Sections 5(d), 5(f), 5(g), 5(h),
5(k), 5(l), 5(o), 5(s), 6(a), and 6(c) of this Article, shall be exercised
or performed by the Administration subject to the approval of the
Secretary of Transportation or, with respect to matters within the
jurisdiction of the Maryland Transportation Authority, the approval
of the Maryland Transportation Authority. However, the Secretary
or the Maryland Transportation Authority, by regulations or direc-
tives, may dispense with such power of approval, and authorize the
Administration to proceed pursuant to such sections without obtain-
ing prior approval, to the extent that the Secretary or Authority
deem appropriate.