MARVIN MANDEL, Governor                                       491

ZONING OR LAND USE PLANNING AUTHORITY OF ANY
MUNICIPALITY OR PUBLIC INSTRUMENTALITY.

REVISOR'S NOTE: This subsection is new language
derived from Article 33B, section 29 of the
Code.

3-103. CREATION, CONTINUATION, AND ORGANIZATION.

(A)    CREATED AND CONTINUED; INSTRUMENTALITY OF
STATE; UNIT OF DEPARTMENT OF NATURAL RESOURCES.—A
BODY POLITIC AND CORPORATE IS CREATED AND CONTINUED
KNOWN AS THE "MARYLAND ENVIRONMENTAL SERVICE". THE
SERVICE IS CONSTITUTED AS AN INSTRUMENTALITY OF THE
STATE , AND THE EXERCISE BY THE SERVICE OF THE POWERS
CONFERRED BY THIS SUBTITLE IS THE PERFORMANCE OF AN
ESSENTIAL GOVERNMENTAL FUNCTION OF THE STATE . FOR
THE PURPOSE OF EXECUTIVE ORGANIZATION, THE SERVICE IS
A UNIT WITHIN THE DEPARTMENT OF NATURAL RESOURCES, AND
THE EXERCISE OF ALL POWERS AND FUNCTIONS OF THE
SERVICE ARE SUBJECT TO THE AUTHORITY OF THE SECRETARY
OF NATURAL RESOURCES. HOWEVER, THE SECRETARY'S
AUTHORITY TO TRANSFER FUNCTIONS, STAFF, OR FUNDS SET
FORTH IN TITLE 1 OF THIS ARTICLE, IS NOT APPLICABLE TO
THE SERVICE.

REVISOR'S NOTE: This subsection is new language
derived from Article 33B, section 2 (a) of
the Code.

(B)     OFFICERS AND BOARD OF DIRECTORS
GENERALLY.—THERE ARE THREE OFFICERS OF THE SERVICE: A
DIRECTOR, A SECRETARY, AND A TREASURER. EACH OFFICER
SHALL BE APPOINTED BY THE SECRETARY OF NATURAL
RESOURCES, WITH THE APPROVAL OF THE GOVERNOR, SOLELY
WITH REGARD TO HIS QUALIFICATIONS FOR THE DUTIES OF
HIS OFFICE. EACH SERVES AT THE PLEASURE OF THE
SECRETARY OF NATURAL RESOURCES. THE DIRECTOR,
SECRETARY, AND TREASURER SHALL RECEIVE THE
COMPENSATION PROVIDED IN THE STATE BUDGET. THE
DIRECTOR, SECRETARY, AND TREASURER ARE THE BOARD OF
DIRECTORS OF THE SERVICE. TWO MEMBERS CONSTITUTE A
QUORUM FOR THE TRANSACTION OF BUSINESS OF THE BOARD.
THE AFFIRMATIVE VOTE OF AT LEAST TWO MEMBERS IS
NECESSARY FOR ANY ACTION TAKEN BY THE BOARD. NO
VACANCY IN THE MEMBERSHIP OF THE BOARD IMPAIRS THE
RIGHT OF A QUORUM TO EXERCISE ALL THE RIGHTS AND
PERFORM ALL THE DUTIES OF THE BOARD.

(C)   DUTIES OF DIRECTOR.—THE DIRECTOR IS BOTH
THE ADMINISTRATIVE HEAD OF THE SERVICE AND THE