2010 Maryland Code
STATE GOVERNMENT
TITLE 12 - IMMUNITY AND LIABILITY
Subtitle 1 - Maryland Tort Claims Act
Section 12-101 - "State personnel" defined; Montgomery County as unit of State government.

§ 12-101. "State personnel" defined; Montgomery County as unit of State government.
 

(a)  "State personnel" defined.- In this subtitle, unless the context clearly requires otherwise, "State personnel" means: 

(1) 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; 

(2) an employee or official of the: 

(i) Maryland Transportation Authority; 

(ii) Injured Workers' Insurance Fund; 

(iii) Maryland Stadium Authority; 

(iv) Maryland Environmental Service; 

(v) overseas programs of the University College of the University System of Maryland; 

(vi) Maryland Economic Development Corporation; 

(vii) Maryland Technology Development Corporation; 

(viii) Maryland African American Museum Corporation; 

(ix) Maryland Automobile Insurance Fund; 

(x) Maryland Health and Higher Educational Facilities Authority; 

(xi) Maryland Agricultural and Resource-Based Industry Development Corporation;  

(xii) Somers Cove Marina Commission; 

(xiii) Maryland Workforce Corporation; 

(xiv) Maryland Underground Facilities Damage Prevention Authority; and 

(xv) Maryland Clean Energy Center; 

(3) a person who: 

(i) is a member of a State board, commission, or similar State entity; or 

(ii) 1. is providing a service to or for the State; 

2. is not paid in whole or in part by the State; and 

3. satisfies all other requirements for designation as State personnel as may be set forth in regulations adopted by the Treasurer pursuant to Title 10 of this article; 

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

(5) a student enrolled in a State educational institution: 

(i) who is providing services to third parties in the course of participation in an approved clinical training or academic program; 

(ii) who, as determined by the Treasurer, is required to have liability insurance covering claims arising from services to third parties performed by the student in the course of the approved clinical training or academic program; 

(iii) who, as determined by the Treasurer, cannot obtain commercial liability insurance at an affordable cost; and 

(iv) who, as determined by the Treasurer, may be required to contribute to an insurance program for claims arising from services to third parties performed by the student in the course of the approved clinical training or academic program; 

(6) a sheriff or deputy sheriff of a county or Baltimore City; 

(7) 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; 

(8) a State's Attorney of a county or Baltimore City, or an employee of an office of a State's Attorney; 

(9) a member of a board of license commissioners of a county or Baltimore City appointed under the provisions of Article 2B of the Code, or an employee of a board of license commissioners; 

(10) a member of a local board of elections, or an employee of a local board of elections; 

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

(12) a judge of an orphans' court of a county or Baltimore City, or an employee of an orphans' court; 

(13) 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 Resources 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 

(14) 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. 

(b)  Montgomery County as unit of State government.- In this subtitle, a unit of the State government includes the Montgomery County government to the extent that Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article. 
 

[CJ § 5-401; 1984, ch. 284, § 1; 1987, ch. 425; 1989, ch. 413; 1990, ch. 71, § 3; ch. 508; 1992, ch. 638; 1996, ch. 476; 1997, ch. 114, § 1; chs. 535, 593; 2000, ch. 13; 2001, ch. 29, § 1; chs. 448, 735; 2002, ch. 19, § 1; 2005, ch. 25, § 1; ch. 115; 2007, ch. 8, § 1; 2008, ch. 307, § 1; 2009, ch. 60, § 5; chs. 456, 476; 2010, ch. 635, § 3; ch. 713.] 
 

Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.