Courts and Judicial Proceedings (GCJ) — Title 5. Limitations, Prohibited Actions, and Immunities

Promissory note or other instrument under seal;

Bond except a public officer’s bond;

Judgment;

Recognizance;

Contract under seal; or

Any other specialty.

A specialty taken for the use of the State;

A deed of trust, mortgage, or promissory note that has been signed under seal and secures or is secured by owner–occupied residential property, as defined in § 7–105.1 of the Real Property Article; or

A contract, including a contract under seal, or a promissory note or other instrument under seal that is:

File an action for recovery of possession of a corporeal freehold or leasehold estate in land; or

Enter on the land.

This section does not affect the common-law doctrine of prescription as it applies to the creation of incorporeal interests in land by adverse use.

This section does not affect the periods of limitations set forth in § 6-103 or § 8-107 of the Real Property Article.

The State may institute a prosecution for the misdemeanor at any time; and

For purposes of the Maryland Constitution, the person:

Unlawfully using a driver’s license; or

Fraudulently using a false or fictitious name when applying for a driver’s license.

For the commission of or for the attempt to commit a misdemeanor constituting a criminal offense under the State election laws; or

To impose a civil fine for an offense arising under § 13–604, § 13–604.1, § 14–107, or § 14–110 of the Election Law Article.

This subsection applies in Anne Arundel County to an offense that:

A prosecution for an offense described in paragraph (1) of this subsection shall be instituted within 3 years after the commission of the offense.

This subsection applies in Talbot County to an offense that:

A criminal prosecution or a suit for a civil penalty for an offense described in paragraph (1) of this subsection shall be instituted within 3 years after the local authorities in fact knew or reasonably should have known of the violation.

In this subsection, “supplier” means any individual or entity whose principal business is the supply, distribution, installation, sale, or resale of any product that causes asbestos-related disease.

This section does not apply if:

Five years of the time the injury was committed; or

Three years of the date the injury was discovered.

The provisions of subsection (b) of this section may not be applied to an action for damages for an injury:

In an action for damages for an injury described in this subsection, if the claimant was under the age of 16 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 16 years.

§ 5-201 of this title that relate to a cause of action of a mental incompetent; or

§ 5-203 of this title.

In this section the following words have the meanings indicated.

“Building permit” or “permit” includes a site plan and other documentation submitted in support of an application for a building permit and providing the basis for the issuance of the building permit.

“Governmental entity” includes:

“Highway” means any way or thoroughfare, whether or not the way or thoroughfare has been dedicated to the public or a dedication has been accepted.

“Local government” means:

“Property line” means the line marking the boundary between 2 separate lots or parcels of property.

“Setback line” means the distance from a curb or shoulder of a highway, edge of a sidewalk, or property line beyond which any portion of a building or structure may not extend.

“Setback line restriction” means a setback line established by:

A person may not initiate an action or proceeding arising out of a failure of a building or structure to comply with a setback line restriction more than 3 years after the date on which the violation first occurred.

A governmental entity may not initiate an action or proceeding arising out of a failure of a building or structure to comply with a setback line restriction more than 3 years after the date on which the violation first occurred if the building or structure was constructed or reconstructed:

For purposes of paragraph (2)(i) of this subsection and notwithstanding any other provision of State or local law to the contrary, a building permit that was otherwise validly issued, except that the permit wrongfully permitted the building or structure to violate a setback line restriction, shall be considered a valid building permit.

For purposes of paragraph (2) of this subsection, the date on which the violation first occurred shall be deemed to be the date on which the final building inspection was approved.

In this section the following words have the meanings indicated.

“Foreign jurisdiction” means a state, other than this State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign country.

“Product” means a tangible article, including attachments, accessories, and component parts, and accompanying labels, warnings, instructions, and packaging.

“Seller” means a wholesaler, distributor, retailer, or other individual or entity other than a manufacturer that is regularly engaged in the selling of a product whether the sale is for resale by the purchaser or is for sale to or consumption by the ultimate consumer.

That was precluded, for any period of time, from being filed before July 1, 1991 by operation of law or a court order; or

For wrongful death described under Title 3, Subtitle 9 of this article.

180 days after the date of completion of any opt-out period in a class action in which the claimant is a member of the class, including an opt-out period provided for in a settlement agreement;

180 days after the completion of any nonbinding mediation in a class action in which the claimant is a member of the class; or

A period of limitations that would otherwise apply.

An adult allowing or encouraging a child to engage in:

Incest;

Rape;

Sexual offense in any degree; or

Any other sexual conduct that is a crime.

For an action filed on or before May 31, 2025, $1,500,000; and

For an action filed on or after June 1, 2025, $700,000.

20% of the settlement; or

25% of the judgment.

This section does not apply to a voluntary dismissal of a civil action or claim by the party who commenced the action or claim.

This section applies only to a civil action or claim that is dismissed once for failure to file a report in accordance with § 3–2A–04(b)(3) of this article.

The expiration of the applicable period of limitations;

60 days from the date of the dismissal; or

August 1, 2007, if the action or claim was dismissed on or after November 17, 2006, but before June 1, 2007.

A violation of a collective bargaining agreement covering an employee of the State or a political subdivision of the State; or

A breach by an exclusive representative of the duty of fair representation owed to an employee of the State or a political subdivision of the State.

The date on which the claim accrued; or

The date on which the complainant knew or should reasonably have known of the breach.

In this section the following words have the meaning indicated.

“Homeowner” means:

“Mortgage servicer” has the meaning stated in § 11–501 of the Financial Institutions Article.

“Residential property” has the meaning stated in § 7–105.1 of the Real Property Article.

“Unfair, abusive, or deceptive trade practice” has the meaning stated in § 13–301 of the Commercial Law Article.

5 years after a foreclosure sale of the residential property; or

If the mortgage servicer discloses its unfair, abusive, or deceptive trade practice to the homeowner, 3 years after the disclosure to the homeowner.

The cause of action shall be deemed to accrue at the time the party discovered or should have discovered by the exercise of ordinary diligence the homicide and the identity of the person who contributed to the homicide; and

A presumption shall exist that the party should have discovered by the exercise of ordinary diligence the identity of the person who contributed to the homicide after:

“Employee” means any person who was employed by a local government at the time of the act or omission giving rise to potential liability against that person.

“Employee” includes:

A charter county as defined in § 1–101 of the Local Government Article;

A code county as defined in § 1–101 of the Local Government Article;

A board of county commissioners;

Baltimore City;

A municipality as defined in § 1–101 of the Local Government Article;

The Maryland–National Capital Park and Planning Commission;

The Washington Suburban Sanitary Commission;

The Northeast Maryland Waste Disposal Authority;

A community college or board of trustees for a community college established or operating under Title 16 of the Education Article, not including Baltimore City Community College;

A county public library or board of trustees of a county public library established or operating under Title 23, Subtitle 4 of the Education Article;

The Enoch Pratt Free Library or Board of Trustees of the Enoch Pratt Free Library;

The Washington County Free Library or the Board of Trustees of the Washington County Free Library;

A special taxing district;

A nonprofit community service corporation incorporated under State law that is authorized to collect charges or assessments;

Housing authorities created under Division II of the Housing and Community Development Article;

A sanitary district, sanitary commission, metropolitan commission, or other sewer or water authority established or operating under public local law or public general law;

A regional development council;

The Howard County Economic Development Authority;

The Howard County Mental Health Authority;

A commercial district management authority established by a county or municipal corporation if provided under local law;

The Baltimore City Police Department;

A regional library resource center or a cooperative library corporation established under Title 23, Subtitle 2 of the Education Article;

Lexington Market, Inc., in Baltimore City;

The Baltimore Public Markets Corporation, in Baltimore City;

A nonprofit corporation serving as the local public transportation authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County;

The nonprofit corporation serving as the animal control and licensing authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (the Humane Society of Carroll County, Inc.);

Garrett County Municipalities, Inc., in Garrett County;

The nonprofit corporation serving as the local public transportation authority for Garrett County pursuant to a contract or memorandum of understanding with Garrett County (Garrett County Community Action Committee, Inc.); and

The nonprofit corporation serving as the industrial development authority of Carroll County established under Title 12, Subtitle 1 of the Economic Development Article.

“Regional development council” means a regional or municipal council established under Title 13 of the Economic Development Article.

“Regional development council” includes:

Except as provided in paragraph (2) of this subsection, a person may not execute against an employee on a judgment rendered for tortious acts or omissions committed by the employee within the scope of employment with a local government.

The rights and immunities granted to an employee are contingent on the employee’s cooperation in the defense of any action.

If the employee does not cooperate, the employee forfeits any and all rights and immunities accruing to the employee under subsection (b) of this section.

Except as provided in paragraphs (2), (3), and (4) of this subsection, the liability of a local government may not exceed $400,000 per an individual claim, and $800,000 per total claims that arise from the same occurrence for damages resulting from tortious acts or omissions, or liability arising under subsection (b) of this section and indemnification under subsection (c) of this section.

The limits on liability provided under paragraph (1) of this subsection do not include interest accrued on a judgment.

If the liability of a local government arises from intentional tortious acts or omissions or a violation of a constitutional right committed by a law enforcement officer, the following limits on liability apply:

If the liability of a local government arises from one or more claims of sexual abuse, as defined in § 5–117 of this title, that occurred when the claimant was a minor:

Except as provided in subsection (c) of this section, a local government shall be liable for any judgment against its employee for damages resulting from tortious acts or omissions committed by the employee within the scope of employment with the local government.

A local government may not assert governmental or sovereign immunity to avoid the duty to defend or indemnify an employee established in this subsection.

A local government may not be liable for punitive damages.

A local government may not enter into an agreement that requires indemnification for an act or omission of an employee that may result in liability for punitive damages.

Lexington Market, Inc., in Baltimore City, and its employees, may not raise as a defense a limitation on liability described under § 5–406 of this title.

Baltimore Public Markets Corporation, in Baltimore City, and its employees, may not raise as a defense a limitation on liability described under § 5–406 of this title.

Against a nonprofit corporation described in § 5–301(d)(23), (24), (25), (26), (28), or (29) of this subtitle or its employees; or

Brought under § 5–117 of this title.

Except as provided in subsections (a) and (d) of this section, an action for unliquidated damages may not be brought against a local government or its employees unless the notice of the claim required by this section is given within 1 year after the injury.

The notice shall be in writing and shall state the time, place, and cause of the injury.

The notice required under this section shall be given in person or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, by the claimant or the representative of the claimant.

Except as otherwise provided, if the defendant local government is a county, the notice required under this section shall be given to the county commissioners or county council of the defendant local government.

If the defendant local government is:

For any other local government, the notice shall be given to the corporate authorities of the defendant local government.

The claimant’s injury; or

The defect or circumstances giving rise to the claimant’s injury.

A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relating to architectural, engineering, inspecting, or surveying services, or the construction, alteration, repair, or maintenance of a building, structure, appurtenance or appliance, including moving, demolition, and excavating connected with those services or that work, purporting to indemnify the promisee against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the promisee or indemnitee, or the agents or employees of the promisee or indemnitee, is against public policy and is void and unenforceable.

A covenant, a promise, an agreement, or an understanding in, or in connection with or collateral to, a contract or an agreement relating to architectural, engineering, inspecting, or surveying services, or the construction, alteration, repair, or maintenance of a building, a structure, an appurtenance, or an appliance, including moving, demolition, and excavating connected with those services or that work, purporting to require the promisor or indemnitor to defend or pay the costs of defending the promisee or indemnitee against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the promisee or indemnitee, or the agents or employees of the promisee or indemnitee, is against public policy and is void and unenforceable.

This subsection does not affect the validity of any insurance contract, workers’ compensation, any general indemnity agreement required by a surety as a condition of execution of a bond for a construction or other contract, or any other agreement issued by an insurer.

Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee against liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against public policy and is void and unenforceable.

A release of the claim of an injured individual for damages resulting from a tort, signed by the injured individual within 30 days of the infliction of the injuries without the assistance or guidance of an attorney at law, and any power of attorney to or contract of employment with an attorney at law, with reference to recovery of damages for the tort, signed by the individual within 30 days after the infliction of the injuries, shall be voidable at the option of the injured individual within 60 days after the day on which the individual signed the document.

Negotiate or attempt to negotiate a settlement with the patient;

Obtain or attempt to obtain a general release of liability from the patient; or

Obtain or attempt to obtain any statement, either written or oral from the patient, for use in negotiating a settlement or obtaining a release.

Who is not a party to the release; and

In this section, “recreational facility” means a commercial recreational facility, a commercial athletic facility, or an amusement attraction.

“Recreational facility” includes:

“Recreational facility” does not include:

In this section the following words have the meanings indicated.

“Agricultural operation” means an operation for the processing of agricultural crops or on–farm production, harvesting, or marketing of any agricultural, horticultural, silvicultural, aquacultural, or apicultural product that has been grown, raised, or cultivated by the farmer.

Notwithstanding § 5–101 of the Natural Resources Article, “silvicultural operation” means implementation of forestry practices, including the establishment, composition, growth, and harvesting of trees.

This section does not:

This section does not apply to:

The operation, including any sight, noise, odors, dust, or insects resulting from the operation, may not be deemed to be a public or private nuisance; and

A private action may not be sustained on the grounds that the operation interferes or has interfered with the use or enjoyment of other property, whether public or private.

This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a person who is engaged in an agricultural, a silvicultural, or a commercial fishing or seafood operation.

This section does not affect, and may not be construed as affecting, any defenses available at common law to a defendant who is engaged in an agricultural, a silvicultural, or a commercial fishing or seafood operation and subject to an action for nuisance.

This subsection does not apply to an action brought by a government agency.

If a local agency is authorized to hear a nuisance complaint against an agricultural or a commercial fishing or seafood operation, a person may not bring a nuisance action against an agricultural or a commercial fishing or seafood operation in any court until:

A decision of a local agency on a nuisance complaint against a commercial fishing or seafood operation may be appealed to a circuit court in accordance with Title 7, Chapter 200 of the Maryland Rules.

If there is no local agency authorized to hear a nuisance complaint against an agricultural operation, a person may not bring a nuisance action against an agricultural operation in any court until:

Except as provided in paragraph (2) of this subsection, a person may not bring a civil nuisance action for noise against a person who owns, operates, or uses a sport shooting range located within the vicinity of the property of the person bringing the action if the sport shooting range was established as of the date the person acquired the property.

This section may not be construed to limit a nuisance action against a sport shooting range established on or after June 1, 1997.

In this section the following words have the meanings indicated.

“Agent of a charitable organization” means a person who:

“Charitable organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

“Farmer” means a person, including a corporation, who engages in an activity conducted solely or primarily for the production of a farm product.

“Farm product” has the meaning stated in § 10-601 of the Agriculture Article.

“Glean” means:

In this section the following words have the meanings indicated.

“Product” means any tangible article, including attachments, accessories and component parts, and accompanying labels, warnings, instructions, and packaging.

“Sealed container” means a box, container, package, wrapping, encasement, or housing of any nature that covers a product so that it would be unreasonable to expect a seller to detect or discover the existence of a dangerous or defective condition in the product. A product shall be deemed to be in a sealed container if the product, by its nature and design, is encased or sold in any other manner making it unreasonable to expect a seller to detect or discover the existence of a dangerous or defective condition.

The product was acquired and then sold or leased by the seller in a sealed container or in an unaltered form;

The seller had no knowledge of the defect;

The seller in the performance of the duties he performed or while the product was in his possession could not have discovered the defect while exercising reasonable care;

The seller did not manufacture, produce, design, or designate the specifications for the product which conduct was the proximate and substantial cause of the claimant’s injury; and

The seller did not alter, modify, assemble, or mishandle the product while in the seller’s possession in a manner which was the proximate and substantial cause of the claimant’s injury.

The manufacturer is not subject to service of process under the laws of this State or the Maryland Rules;

The manufacturer has been judicially declared insolvent in that the manufacturer is unable to pay its debts as they become due in the ordinary course of business;

The court determines by clear and convincing evidence that the claimant would be unable to enforce a judgment against the product manufacturer;

The claimant is unable to identify the manufacturer;

The manufacturer is otherwise immune from suit; or

The seller made any express warranties, the breach of which were the proximate and substantial cause of the claimant’s injury.

Except in an action based on an expressed indemnity agreement, if the seller shows by unrebutted facts that he has satisfied subsection (b) of this section and that subsection (c) of this section does not apply, summary judgment shall be entered in his favor as to the original or third party actions.

Notwithstanding the granting of a motion for summary judgment pursuant to paragraph (1) of this subsection, the seller will thereafter continue to be treated as though he were still a party for all purposes of discovery including the uses thereof.

On a subsequent showing of the occurrence of any condition described in subsection (c) of this section or that one or more of the conditions of subsection (b) of this section did not exist, during the pending litigation, the actions dismissed by summary judgment pursuant to paragraph (1) of this subsection shall be reinstated and are not barred by the passage of time.

In this section the following words have the meanings indicated.

“Association or organization” means:

“Athletic club” means a club organized and operated exclusively for recreational purposes that is exempt from taxation under § 501(c)(7) of the Internal Revenue Code.

“Charitable organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

“Civic league or organization” means an organization, operated exclusively for the promotion of social welfare, that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code.

“Community association” means a nonprofit association, corporation, or other organization that registers with the Secretary of State under § 7-108 of the State Government Article and:

“Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer on behalf of an association or organization, and that are reimbursed to the volunteer or otherwise paid.

“Homeowners’ association” means a nonprofit association, corporation, or other organization comprised of property owners in a subdivision or group of subdivisions whose purpose is to represent the mutual interests of the property owners regarding the construction, protection, and maintenance of the commonly owned or used property and improvements.

“Suit” means any civil action, except any health care malpractice action, brought against an agent of an association or organization or against the association or organization by virtue of the agent’s act or omission in providing services or performing duties on behalf of the association or organization.

“Volunteer” means an officer, director, trustee, or other person who provides services or performs duties on behalf of an association or organization without receiving compensation.

The association or organization maintains insurance covering liability incurred by the association or organization or its agents, or both, as a result of the acts or omissions of its agents in providing services or performing duties on behalf of the association or organization;

The terms of the insurance policy under which the insurance is maintained provide coverage for the act or omission which is the subject matter of the suit and no meritorious basis exists for the denial of the coverage by the insurance carrier; and

The insurance has:

This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against an association or organization or an agent of an association or organization.

This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which an association or organization or an agent of an association or organization may be entitled.

In this section the following words have the meanings indicated.

“Association or organization” means:

“Business league” means a league, chamber of commerce, real estate board, or board of trade that is exempt from taxation under § 501(c)(6) of the Internal Revenue Code.

“Charitable organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

“Civic league” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code.

“Club” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(7) of the Internal Revenue Code.

“Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer on behalf of an association or organization, and that are reimbursed to the volunteer or otherwise paid.

“Labor, agricultural, or horticultural organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(5) of the Internal Revenue Code.

“Local association of employees” means an association of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code.

“Suit” means a civil action, including a health care malpractice action filed with the Health Care Alternative Dispute Resolution Office, brought against a volunteer of an association or organization or against the association or organization by virtue of the volunteer’s act or omission in providing services or performing duties on behalf of the association or organization.

The volunteer knew or should have known of an act or omission of a particular officer, director, employee, trustee, or another volunteer, and the volunteer authorizes, approves, or otherwise actively participates in that act or omission; or

After an act or omission of a particular officer, director, employee, trustee, or another volunteer, the volunteer, with full knowledge of that act or omission, ratifies it.

This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a volunteer.

This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which a volunteer may be entitled.

In this section the following words have the meanings indicated.

“Financial institution” means:

Is in writing;

Expresses consideration;

Sets forth the relevant terms and conditions of the agreement; and

Is signed by the person against whom its enforcement is sought.

This section applies only to commercial transactions.

This section does not apply to:

To the extent that it is proven that any of the entities or individuals specified in this subsection actually received an improper benefit or profit in money, property, or services, for the amount of the benefit or profit in money, property, or services actually received;

To the extent that a judgment or other final adjudication adverse to any of the entities or individuals specified in this section is entered in a proceeding based on a finding in the proceeding that the entity’s or individual’s action, or failure to act, was the result of active and deliberate dishonesty and was material to the cause of action adjudicated in the proceeding; or

To the extent that any act of an entity or individual specified in this section was committed in bad faith.

To the extent that it is proved that the person actually received an improper benefit or profit in money, property, or services for the amount of the benefit or profit in money, property, or services actually received;

To the extent that a judgment or other final adjudication adverse to the person is entered in a proceeding based on a finding in the proceeding that the person’s action, or failure to act, was the result of active and deliberate dishonesty and was material to the cause of action adjudicated in the proceeding; or

With respect to any action described in subsection (b) of this section.

A banking institution as defined in § 1-101 of the Financial Institutions Article;

A credit union as described in § 6-301 of the Financial Institutions Article;

A savings and loan association as defined in § 8-101 of the Financial Institutions Article; or

A subsidiary of a banking institution, credit union, or savings and loan association described in this subsection.

Bad faith;

Willful misfeasance;

Gross negligence; or

Reckless disregard of the trustee’s duties.

Except as provided in paragraph (2) of this subsection, the declaration of trust of a real estate investment trust may include any provision expanding or limiting the liability of its trustees and officers to the trust or its shareholders for money damages.

The declaration of trust of a real estate investment trust may not include any provision that restricts or limits the liability of its trustees or officers to the trust or its shareholders:

This subsection may not be construed to affect the liability of a person in any capacity other than the person’s capacity as a trustee or officer of a real estate investment trust.

In this section the following words have the meanings indicated.

“Assignment” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

“Corporation” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

“Fiduciary” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

“Person” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

“Transfer” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

“Transfer agent” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

Acted within the scope of the director’s or officer’s duties;

Acted in good faith; and

Did not act in a reckless, wanton, or grossly negligent manner.

Except as provided in paragraph (2) of this subsection, a claimant shall name only the governing body as a party defendant.

An officer or director of a governing body may be named individually only when the governing body for which the officer or director was acting cannot be determined at the time an action is instituted under this section.

If an officer or director is named as an individual defendant under this section, the governing body for which the officer or director was acting shall be substituted as the party defendant when its identity reasonably can be determined.

To a prospective employer of the employee or former employee at the request of the prospective employer, the employee, or former employee; or

If requested or required by a federal, State, or industry regulatory authority or if the information is disclosed in a report, filing, or other document required by law, rule, order, or regulation of the regulatory authority.

Acted with actual malice toward the employee or former employee; or

Intentionally or recklessly disclosed false information about the employee or former employee.

Is licensed, certified, or otherwise authorized to practice a health occupation under the Health Occupations Article; and

Is authorized to practice the health occupation on an animal in accordance with § 2–304 of the Agriculture Article;

In this section the following words have the meanings indicated.

“Building inspection official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

“Fire official” means any appointed or elected local official with overall executive responsibility to coordinate fire, rescue, or emergency medical services in the jurisdiction in which a fire, emergency, disaster, or catastrophic event has occurred.

“Law enforcement official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

“Public official” means any federal, State, or locally elected official with overall executive responsibility in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

“Public safety official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate public safety in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

The act, error, or omission was not wanton, willful, intentionally tortious, or grossly negligent; and

The practice of engineering was performed:

This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a professional engineer.

This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provisions of the Code or available at common law, to which a professional engineer may be entitled.

In this section the following words have the meanings indicated.

“Building inspection official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

“Fire official” means any appointed or elected local official with overall executive responsibility to coordinate fire, rescue, or emergency medical services in the jurisdiction in which a fire, emergency, disaster, or catastrophic event has occurred.

“Law enforcement official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

“Public official” means any federal, State, or locally elected official with overall executive responsibility in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

“Public safety official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate public safety in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

The act, error, or omission was not wanton, willful, intentionally tortious, or grossly negligent; and

The practice of architecture was performed:

This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a licensed architect.

This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provisions of the Code or available at common law, to which a licensed architect may be entitled.

In this section the following words have the meanings indicated.

“Practice land surveying” has the same meaning as provided in § 15–101 of the Business Occupations and Professions Article.

“Professional land surveyor” means a land surveyor who is licensed by the State Board for Professional Land Surveyors to practice land surveying.

Affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law or equity to which a professional land surveyor, or an agent or employee of a professional land surveyor, may be entitled; or

Impair the right of a person to seek redress under any other provision of the Code or at common law or equity for conduct by a professional land surveyor, or an agent or employee of a professional land surveyor, that is otherwise actionable.

An official of a municipal corporation, while acting in a discretionary capacity, without malice, and within the scope of the official’s employment or authority shall be immune as an official or individual from any civil liability for the performance of the action.

An official of a municipal corporation is not immune from liability for negligence or any other tort arising from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.

Subject to paragraph (2) of this subsection, a municipal corporation shall provide a defense for an official of the municipal corporation for any act arising within the scope of the official’s employment or authority.

A municipal corporation shall only provide a defense for an official of the municipal corporation for negligence or any other tort arising from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.

Is a unit of government responsible for an area situated solely within a single county;

Has a governing body elected independently of the county government;

Is financed with revenues secured wholly or partly from special taxes or assessments imposed on real property situated in the district;

Performs municipal services for the residents of the district; and

Was not created for a limited or special purpose.

Subject to paragraph (2) of this subsection, an official of a special taxing district, while acting in a discretionary capacity, without malice, and within the scope of the official’s authority, is immune in an official or individual capacity from civil liability for any act or omission.

An official of a special taxing district is not immune from liability for negligence or any other tort that arises from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.

Subject to paragraph (2) of this subsection, a special taxing district shall provide a defense for an official of the special taxing district for any act or omission that is without malice and that arises within the scope of the official’s authority.

A special taxing district shall provide only a defense for an official of the special taxing district for negligence or any other tort that arises from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.

In excess of insurance limits;

If punitive damages are sought; or

For any other liability exposure not covered by insurance.

That is within the scope of the public duties of the member or employee;

That is made without malice or gross negligence; and

For which the soil conservation district has consented to suit under subsection (b) of this section, even if damages exceed the limits of that consent.

The exclusive remedy for a tortious act or omission, for which a member or employee of a board of supervisors for a soil conservation district is immune from suit or liability under subsection (a) of this section, is a suit brought against the appropriate soil conservation district.

The soil conservation district may not assert the defense of governmental immunity in any suit brought under this section.

Govern the limits of liability in any suit brought under this section; and

Provide funds for the payment of any settlement or judgment entered against the soil conservation district in a suit brought under this section.

In this section the following words have the meanings indicated.

“Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer for a county board of education, and that are reimbursed to the volunteer or otherwise paid.

“County board employee” means:

“County board member” means a duly elected or appointed member of a county board of education.

“Volunteer” means an individual who, at the request of the county board and under its control and direction, provides services or performs duties for the county board without compensation.

Any amount claimed above the limit of its insurance policy; or

If self–insured or a member of a pool described under § 4–105(c)(1)(ii) of the Education Article:

Except as provided in paragraph (2) of this subsection, a county board of education may not raise the defense of sovereign immunity to any claim of $400,000 or less.

If liability of a county board of education arises under one or more claims of sexual abuse, as defined in § 5–117 of this title, that occurred when the claimant was a minor:

The county board shall be joined as a party to an action against a county board employee, county board member, or volunteer that alleges damages resulting from a tortious act or omission committed by the employee in the scope of employment, by the county board member within the scope of the member’s authority, or by the volunteer within the scope of the volunteer’s services or duties.

The issue of whether the county board employee acted within the scope of employment may be litigated separately.

The issue of whether the county board member acted within the scope of the member’s authority may be litigated separately.

The issue of whether the volunteer acted within the scope of the volunteer’s services or duties may be litigated separately.

A county board member, acting within the scope of the member’s authority, without malice and gross negligence, is not personally liable for damages resulting from a tortious act or omission for which a limitation of liability is provided for the county board under subsection (b) of this section, including damages that exceed the limitation on the county board’s liability.

In addition to the immunity provided under paragraph (1) of this subsection, a county board member is immune as an individual from civil liability for any act or omission if the member is acting:

The provisions of this subsection apply only to a volunteer.

A volunteer who acts within the scope of the volunteer’s services or duties is not personally liable for damages resulting from a tortious act or omission beyond the limits of any personal insurance the volunteer may have unless:

The limitations on liability contained in this subsection may not be construed or applied to affect any immunities from civil liability or defenses established by any other provision of the Code or available at common law to which the volunteer may be entitled.

In this section the following words have the meanings indicated.

“Department” means the Department of Economic Competitiveness and Commerce.

“Eligible business” has the meaning stated in § 5–451 of the Economic Development Article.

“Lender” has the meaning stated in § 5–451 of the Economic Development Article.

Punitive damages;

Interest before judgment;

A claim that arises from the combatant activities of the State Militia during a state of emergency;

Any tortious act or omission of State personnel that:

A claim by an individual arising from a single incident or occurrence that exceeds the amount specified in § 12–104 of the State Government Article; or

A cause of action that law specifically prohibits.

Any authorized use of a State-owned vehicle by State personnel, including, but not limited to, commuting to and from the place of employment; and

Services to third parties performed by State personnel, as defined by § 12-101 of the State Government Article, in the course of participation in an approved clinical training or academic program.

In this section the following words have the meanings indicated.

“Comptroller” means the Comptroller of the State.

“Executive Director” means the Executive Director of the Alcohol and Tobacco Commission.

In this section, “constituent service” includes intervention for individuals or entities that have requests of, or grievances against, any public or private entity or individual.

“Constituent service” does not include:

The date on which the claim arose; or

The date of completion of the contract that gave rise to the claim.

A municipal corporation may require, in connection with a construction contract to which the municipal corporation is a party, that a dispute regarding the terms of or performance under the contract be subject to a final, binding determination by:

Except as provided in paragraph (3) of this subsection, a municipal corporation may not require, in connection with a construction contract to which the municipal corporation is a party, that a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a final, binding determination made by an officer or official body of the municipal corporation.

A municipal corporation may require, in connection with a construction contract to which the municipal corporation is a party, that questions of fact arising from a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a determination by an officer or official body of the municipal corporation if the decision of the officer or official body is subject to judicial review on the record.

The date on which the claim arose; or

The date of completion of the contract that gave rise to the claim.

A county may require, in connection with a construction contract to which the county is a party, that a dispute regarding the terms of or performance under the contract be subject to a final, binding determination by:

Except as provided in paragraph (3) of this subsection, a county may not require, in connection with a construction contract to which the county is a party, that a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a final, binding determination made by an officer or official body of the county.

A county may require, in connection with a construction contract to which the county is a party, that questions of fact arising from a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a determination by an officer or official body of the county if the decision of the officer or official body is subject to judicial review on the record.

The Medical and Chirurgical Faculty or its allied committees;

An “in–hospital” staff committee;

A nationally organized medical society or research group;

The Maryland Department of Health; or

The Maryland Institute for Emergency Medical Services Systems.

Sheltering persons during an attack or raid by an enemy;

Stocking of food, water, medical supplies, equipment, or other materials to be used in the event of an attack upon the United States; or

Sheltering persons during an emergency.

During an actual or practice attack or raid;

While supplies and materials are being moved or stored;

During an emergency; or

During inspections or visits connected with emergency management and civil defense.

The act or omission is not one of gross negligence;

The assistance or medical care is provided without fee or other compensation; and

The assistance or medical care is provided:

An individual who is licensed by this State to provide medical care;

A member of any State, county, municipal, or volunteer fire department, ambulance and rescue squad, or law enforcement agency, the National Ski Patrol System, or a corporate fire department responding to a call outside of its corporate premises, if the member:

A volunteer fire department or ambulance and rescue squad whose members have immunity; and

A corporation when its fire department personnel are immune under item (2) of this subsection.

An individual who is not covered otherwise by this section is not civilly liable for any act or omission in providing assistance or medical aid to a victim at the scene of an emergency, if:

The immunity from civil liability under paragraph (1) of this subsection applies to an individual when administering naloxone in response to a known or suspected drug overdose.

The immunity granted by this section is waived with respect to actions to recover damages for the negligent operation of a motor vehicle to the following extent:

The immunity granted by this section is not waived and may be raised as a defense as to any amount of damages claimed above the limits in this subsection and as to any other action for damages not involving the negligent operation of a motor vehicle.

The action is not grossly negligent; and

The action is taken at the scene of the crime or attempted crime.

In this section the following words have the meanings indicated.

“Charitable organization” means:

“Compensation” does not include actual and necessary expenses that are incurred by a volunteer or physician in connection with the services provided or the duties performed by the volunteer or physician on behalf of a charitable organization, and that are reimbursed to the volunteer or physician or otherwise paid.

“Health care provider” has the meaning stated in § 3-2A-01 of this article.

“Physician” means any physician licensed to practice medicine in the State.

“Suit” means any civil action, including any health care malpractice action filed with the Health Care Alternative Dispute Resolution Office, brought against a volunteer or physician or a charitable organization by virtue of the volunteer’s or physician’s act or omission in providing services or performing duties on behalf of the charitable organization.

“Volunteer” means an officer, director, trustee, or other person who provides services or performs duties on behalf of a charitable organization without receiving compensation.

A volunteer who is a health care provider or physician who renders health care services voluntarily and without compensation to any person seeking health care at or through a charitable organization is not liable, for any amount in excess of any applicable limit of insurance coverage, in any suit for civil damages for any act or omission resulting from the rendering of such services unless the act or omission constitutes: