§ 12–402
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Gov't § 12-402 (2026)
Title 12. Immunity and Liability
Subtitle 4
§ 12–402LinkCopy Citation
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.