WILLIAM DONALD SCHAEFER, Governor Ch. 546
Article 23A - Corporations - Municipal

1A.

(a) Unless otherwise specifically provided by the laws of Maryland, a municipal
corporation, and every officer, department, agency, board, commission, or other unit of
municipal government may not raise the defense of sovereign immunity in the courts of
this State in an action in contract based upon a written contract executed on behalf of
the municipal corporation, or its department, agency, board, commission, or unit by an
official or employee acting within the scope of his authority.

(b) In any [such] action IN CONTRACT DESCRIBED UNDER
SUBSECTION (A) OF THIS SECTION, the municipal corporation, or its officer,
department, agency, board, commission, or other unit of government [is not liable for
punitive damages] SHALL HAVE THE IMMUNITY FROM LIABILITY
DESCRIBED UNDER TITLE 5, SUBTITLE 3 § 5-321(A) OF THE COURTS AND
JUDICIAL PROCEEDINGS ARTICLE.

IB.

[(a)] Officials of a municipal corporation [, while acting in a discretionary
capacity, without malice, and within the scope of their employment or authority shall be
immune as officials or individuals from any civil liability for the performance of such
actions.

(b) An official is not immune from liability for negligence or any other tort
arising from the operation of a motor vehicle except as to any claim for damages in
excess of the limits of any applicable policy of motor vehicle liability insurance.

(c) A municipal corporation shall provide defense for its officials for any act
arising within the scope of their employment or authority; a municipal corporation shall
only provide defense for its officials for negligence or any other tort arising from the
operation of a motor vehicle as to any claim for damages in excess of the limits of any
applicable policy of motor vehicle liability insurance] SHALL HAVE THE
IMMUNITY FROM LIABILITY DESCRIBED UNDER TITLE 5, SUBTITLE 3
5-321 (B) OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE.

Article 25 - County Commissioners

1A.

(a) Unless otherwise specifically provided by the laws of Maryland, a county
governed by county commissioners and organized according to the provisions of this
article, and every officer, department, agency, board, commission, or other unit of
county government may not raise the defense of sovereign immunity in the courts of this
State in an action in contract based upon a written contract executed on behalf of the
county, or its department, agency, board, commission, or unit by an official or employee
acting within the scope of his authority.

(b) In any [such] action IN CONTRACT DESCRIBED UNDER
SUBSECTION (A) OF THIS SECTION, the county, or its officer, department, agency,

- 2389 -