2013 Maryland Code
STATE GOVERNMENT
§ 12-103 - Scope of subtitle

§12-103.

This subtitle does not:

(1) limit any other law that:

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

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

(2) waive any right or defense of the State or its units, officials, or employees in an action in a court of the United States or any other state, including any defense that is available under the 11th Amendment to the United States Constitution; or

(3) apply to or waive any immunity of a bicounty unit, county, municipal corporation, or other political subdivision or any unit, official, or employee of any of those agencies or subdivisions.

§ 12-103 - 1. Members or employees of board of supervisors of soil conservation districts

The provisions governing the tort immunity of a member or employee of a board of supervisors of a soil conservation district are found in § 5-517 of the Courts and Judicial Proceedings Article.

§ 12-103 - 2. Montgomery County

(a) "Tort claim" defined. -- In this section, "tort claim" means a tort claim filed in State court against the Montgomery County government relating to the administration of a State program under Title 3, Subtitle 4 of the Human Services Article.

(b) Treatment. -- 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.

(c) Extent of liability. -- Liability for a tort claim may not exceed the insurance coverage granted to units of State government under Title 9 of the State Finance and Procurement Article.

(d) Liability of State Treasurer. --

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

(2) For tort claims, the duties, responsibilities, and liabilities of the Treasurer under this subtitle shall be assumed by the Montgomery County Self-Insurance Fund.