State Government (GSG) — Title 12. Immunity and Liability

a State employee or official who is paid in whole or in part by the Central Payroll Bureau in the Office of the Comptroller of the Treasury;

an employee or official of the:

a person who:

an individual who, without compensation, exercises a part of the sovereignty of the State;

a student enrolled in a State educational institution:

an employee of a county who is assigned to a local department of social services, including a Montgomery County employee who carries out State programs administered under Title 3, Subtitle 4 of the Human Services Article;

a State’s Attorney of a county or Baltimore City, or an employee of an office of a State’s Attorney;

a member of a board of license commissioners of a county or Baltimore City appointed under the provisions of the Alcoholic Beverages and Cannabis Article, or an employee of a board of license commissioners;

a member of a local board of elections, or an employee of a local board of elections;

a judge of a circuit court of a county or Baltimore City, or an employee of a circuit court;

a judge of an orphans’ court of a county or Baltimore City, or an employee of an orphans’ court;

to the extent of a nonprofit organization’s activities as a third party payee, and to the extent the nonprofit organization has no other insurance for this purpose, a nonprofit organization that has been approved by the Department of Human Services or its designee to serve as a third party payee for purposes of providing temporary cash assistance, transitional assistance, or child–specific benefits to Family Investment Program recipients; or

a student, faculty, or staff member of an institution of higher education who is providing a service under the Family Investment Program in accordance with § 5–305, § 5–306, or § 5–317 of the Human Services Article.

waives the sovereign immunity of the State or the units of the State government in tort; or

authorizes the State or its units to have insurance for tortious conduct;

A tort claim shall be considered, defended, settled, and paid in the same manner as any other claim covered by the Montgomery County Self–Insurance Fund.

Under this section, whenever Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article, Montgomery County acts as a unit of the State, and any tort claim shall name the State of Maryland as the proper defendant.

The State Treasurer is not liable under § 9–107(c) of the State Finance and Procurement Article for a tort claim.

For tort claims, the duties, responsibilities, and liabilities of the Treasurer under this subtitle shall be assumed by the Montgomery County Self–Insurance Fund with damages limited in accordance with subsection (c) of this section.

In this section the following words have the meanings indicated.

“Detention center function” includes:

“Law enforcement function” includes:

“Tort claim” means a tort claim filed in State court against a sheriff, a deputy sheriff, or the State claiming tortious conduct by a sheriff or a deputy sheriff arising out of activities related to the performance of a law enforcement function or a detention center function.

A tort claim shall be considered defended, settled, and paid in the same manner as any other claim filed against a county.

The State Treasurer is not liable under § 9–107 of the State Finance and Procurement Article for a tort claim.

The duties, responsibilities, and liabilities of the State under this subtitle for a tort claim shall be assumed by the applicable county.

Subject to the exclusions and limitations in this subtitle and notwithstanding any other provision of law, the immunity of the State and of its units is waived as to a tort action, in a court of the State, to the extent provided under paragraph (2) of this subsection.

The Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a tort claim which exceeds the limitation on liability established under subsection (a)(2) of this section under the following conditions:

Any payment of part of a settlement or judgment under this subsection does not abrogate the sovereign immunity of the State or any units beyond the waiver provided in subsections (a) and (b) of this section.

asserted by cross–claim, counterclaim, or third–party claim; or

brought under § 5–117 of the Courts Article.

the claimant submits a written claim to the Treasurer or a designee of the Treasurer within 1 year after the injury to person or property that is the basis of the claim;

the Treasurer or designee denies the claim finally; and

the action is filed within 3 years after the cause of action arises.

If a claimant fails to submit a written claim in accordance with subsection (b)(1) of this section, on motion by a claimant and for good cause shown, the court may entertain an action under this subtitle unless the State can affirmatively show that its defense has been prejudiced by the claimant’s failure to submit the claim.

Subsection (b)(1) and (2) of this section does not apply if, within 1 year after the injury to person or property that is the basis of the claim, the State has actual or constructive notice of:

contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;

demand specific damages;

state the name and address of each party;

state the name, address, and telephone number of counsel for the claimant, if any; and

be signed by the claimant, or the legal representative or counsel for the claimant.

consider a claim for money damages under this subtitle or delegate wholly or partly this responsibility to other State personnel; and

contract for any support services that are needed to carry out this responsibility properly.

In this section, “structured settlement” means a plan for the payment of a settlement or judgment to a claimant for damages in periodic installments.

Unless a contract with a private insurer provides otherwise, the Treasurer or designee may compromise and settle a claim for money damages after the Treasurer or designee consults with the Attorney General.

The State may enter into a structured settlement to the extent permitted in § 12–104(a)(2) of this subtitle.

If a structured settlement is entered into, the State and the claimant shall select the investment company by mutual agreement.

The acceptance of a settlement by a claimant is, as to that claimant:

if the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial by:

if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.

Except as otherwise provided in this Part II of this subtitle, the Attorney General shall appear in a civil action or special proceeding against a State officer or State employee to represent the officer or employee if:

The Attorney General may provide this representation by a deputy attorney general, assistant attorney general, special counsel, or other private counsel.

The Attorney General shall decline to represent a State officer or State employee if, on the basis of the investigation, the Attorney General finds that:

The Attorney General may decline to represent a State officer or State employee who otherwise is eligible for representation if the officer or employee:

Subject to the requirements of this section, the Attorney General has sole discretion in undertaking to represent the State officer or State employee.

A decision of the Attorney General not to represent an officer or employee is inadmissible in any legal action or special proceeding. Reference to the decision may not be made in any hearing or trial.

deprive a State officer or State employee of any right to retain counsel, at the expense of the officer or employee; or

prevent the appearance of the Attorney General to protect the interests of the State, even if the officer or employee does not request the appearance.

it is determined judicially that:

the officer or employee did not give the Attorney General complete information or gave the Attorney General information that is false or misleading;

this representation of the officer or employee does not constitute an obligation for the State to pay a settlement, if the claim is settled, or a judgment, if judgment is rendered against the officer or employee;

the State and its units are not responsible for payment of the judgment; and

the officer or employee is entitled to submit to the Board of Public Works an application for payment of a settlement or judgment;

the Attorney General may not compromise or settle the claim against the officer or employee without the written consent of the officer or employee;

if the officer or employee will not consent, the Attorney General may withdraw the appearance in accordance with the appropriate court rules; and

the State is not responsible for any costs after the withdrawal; and

the defense of sovereign immunity is available to the officer or employee;

the officer or employee was acting within the scope of the employment of the officer or employee;

the alleged act or omission was malicious; and

the alleged act or omission was grossly negligent.

judgment is rendered for the officer or employee; and

the court finds that the action or proceeding was instituted:

to the officer or employee; or

if the State or any of its units already has reimbursed the officer or employee, to the State or the unit.

the Attorney General declined representation under § 12-304(b)(1) of this subtitle; and

it is determined judicially that:

the State officer or State employee submits to the Board a written application for reimbursement; and

the Attorney General certifies that:

is provided by a State appropriation; or

is paid wholly or partly from State funds;

the State is a sovereign political body that the people have established directly for the sole purpose of providing for their government; and

the revenue of the State derives principally from taxes on the people, rather than from commercial enterprise;

increased difficulties in recruiting or retaining qualified individuals for public positions that involve the exercise of discretion or dealing with the general public; and

increased difficulties and expense in protecting these individuals through public liability insurance; and

courthouse security;

service of process;

the transportation of incarcerated individuals to or from court proceedings;

personnel and other administrative activities;

activities, including activities relating to law enforcement functions, arising under a multijurisdictional agreement under the supervision and direction of the Maryland State Police or other State agency; or

any other activities, except for activities relating to performing law enforcement functions or detention center functions.

the State personnel submits to the Board a written application that sets forth each reason of the State personnel for believing the settlement or judgment is a responsibility of the State;

the Board or a hearing officer that the Board appoints holds a hearing on the application;

as to a judgment, it was rendered by a court of competent jurisdiction;

as to an applicant for whom the Attorney General appeared under Subtitle 3 of this title, the Attorney General files a written report and recommendation;

as to an application on behalf of a sheriff or deputy sheriff of a county or Baltimore City for any claim:

on the bases of the hearing and any report and recommendation, the Board finds that:

if there is any question whether the applicant is State personnel for purposes of this subtitle, the Board finds that, regardless of the method, source, or amount of compensation, the applicant is State personnel.

The Board of Public Works may approve payment of a settlement, a judgment, or counsel fees under Subtitles 3 and 4 of this title with or without a hearing, and direct payment from:

The Board of Public Works may approve payment of a settlement, a judgment, or counsel fees under Subtitles 3 and 4 of this title with or without a hearing, and direct payment from any tax which has been appropriated in the State budget to the subdivision represented by the sheriff or deputy sheriff on whose behalf the payment is to be made, or direct payment from the subdivision’s share of any income tax collected by the State Comptroller, in connection with any settlement or judgment paid on behalf of any sheriff or deputy sheriff for any claim except those claims relating to:

The Board may direct that payment be made in lump sum or in installments.

If the Board disapproves payment in whole or in part, the Board shall state in writing its reasons for disapproval.

Decisions under this title are not subject to judicial review.

Nothing in this section shall be construed as a waiver of sovereign immunity of the State, any of its units, or State personnel.

If the Board directs payment under paragraph (2) of this subsection, such payment shall be collected in the manner provided by § 7-222 of the State Finance and Procurement Article.