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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-517" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="5" subtitle_name="Immunities and Prohibited Actions -- Governmental">
  <level label="a">
    <text>A member or employee of a board of supervisors for a soil conservation district is immune from suit in courts of the State and from liability in tort for a tortious act or omission:</text>
    <level label="1">
      <text>That is within the scope of the public duties of the member or employee;</text>
    </level>
    <level label="2">
      <text>That is made without malice or gross negligence; and</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The soil conservation district may not assert the defense of governmental immunity in any suit brought under this section.</text>
    </level>
  </level>
  <level label="c">
    <text>The State Insurance Program administered under Title 12 of the State Government Article for purposes of providing coverage under the Maryland Tort Claims Act shall:</text>
    <level label="1">
      <text>Govern the limits of liability in any suit brought under this section; and</text>
    </level>
    <level label="2">
      <text>Provide funds for the payment of any settlement or judgment entered against the soil conservation district in a suit brought under this section.</text>
    </level>
  </level>
</section>
