# State Government (GSG)

## Title 12. Immunity and Liability

### Subtitle 4

#### Section 12-401

In this subtitle, "State personnel" means:

(1) a regular employee of the State whose compensation:

  (i) is provided by a State appropriation; or

  (ii) is paid wholly or partly from State funds;

(2) an employee who is under the jurisdiction of the Department of Budget and Management;

(3) an officer, warrant officer, or enlisted member of the organized militia;

(4) an employee of the Maryland Port Administration, as described in Sec. 6-204(n) of the Transportation Article;

(5) a member or employee of a board of trustees for a community college;

(6) except in Montgomery County, an employee of a county health department;

(7) a member or employee of the Baltimore City Board of School Commissioners or of a county board of education;

(8) a member of the Board of Visitors of the Maryland School for the Deaf;

(9) a member or employee of a board of supervisors for a soil conservation district;

(10) a person who, as a volunteer, is providing a service to or for the State;

(11) a person who, for or under contract with a unit of the State or a local government, performs an emergency service during a state of emergency under Title 14 of the Public Safety Article;

(12) any other individual who, with or without compensation, holds a position that requires the exercise of discretion and of a part of the sovereignty of the State;

(13) any other State officer or State employee; and

(14) a Montgomery County employee who administers a State program under Title 3, Subtitle 4 of the Human Services Article.

#### Section 12-402

The General Assembly finds that:

(1) the State is a unique body because:

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

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

(2) State personnel who are acting within the scope of public duties and responsibilities are carrying out a governmental program under law and, thus, are discharging a part of the purpose and sovereignty of the State;

(3) decisions of courts throughout the United States have created new grounds for personal liability of a public officer or public employee who is discharging a public duty;

(4) those decisions have resulted in:

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

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

(5) as a matter of State policy, it is essential to protect from liability State personnel who are acting within the scope of public duties and responsibilities and without malice or gross negligence.

#### Section 12-403

(a) This subtitle does not affect any immunity or other defense that is available to State personnel or the State.

(b) Payment of a settlement or judgment under this subtitle does not abrogate the sovereign immunity of the State, any of its units, or State personnel.

#### Section 12-404

Subject to the limitations in this subtitle, the Board of Public Works may:

(1) pay wholly or partly a settlement or judgment against the State or any State personnel; and

(2) include, in the payment, counsel fees and costs.

#### Section 12-405

(a) The application requirements enumerated in subsection (b)(5) of this section do not apply to claims relating to:

  (1) courthouse security;

  (2) service of process;

  (3) the transportation of incarcerated individuals to or from court proceedings;

  (4) personnel and other administrative activities;

  (5) 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

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

(b) The Board of Public Works may not pay a settlement or judgment against State personnel unless:

  (1) 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;

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

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

  (4) 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;

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

    (i) with respect to any settlement, the county solicitor or county attorney files a written report and recommendation and the Attorney General files a written report and recommendation; or

    (ii) with respect to any judgment, the Attorney General files a written report and recommendation;

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

    (i) when the act or omission was made, the applicant was performing a duty within the scope of the employment of the applicant;

    (ii) the act or omission was not malicious; and

    (iii) the act or omission was not grossly negligent; and

  (7) 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.

#### Section 12-406

Payments under this subtitle shall be made in accordance with the provisions of Subtitle 5 of this title.

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)