Ch. 546 LAWS OF MARYLAND

(1) THAT IS WITHIN THE SCOPE OF THE PUBLIC DUTIES OF THE
MEMBER OR EMPLOYEE;

(2) THAT IS MADE WITHOUT MALICE OR GROSS NEGLIGENCE;
AND

(3) FOR WHICH THE SOIL CONSERVATION DISTRICT HAS
CONSENTED TO SUIT UNDER SUBSECTION (B) OF THIS SECTION, EVEN IF
DAMAGES EXCEED THE LIMITS OF THAT CONSENT.

(B) (1) THE EXCLUSIVE REMEDY FOR A TORTIOUS ACT OR
OMISSION, FOR WHICH A MEMBER OR EMPLOYEE OF A BOARD OF
SUPERVISORS FOR A SOIL CONSERVATION DISTRICT IS IMMUNE FROM
SUIT OR LIABILITY UNDER SUBSECTION (A) OF THIS SECTION, IS A SUIT
BROUGHT AGAINST THE APPROPRIATE SOIL CONSERVATION DISTRICT.

(2) THE SOIL CONSERVATION DISTRICT MAY NOT ASSERT THE
DEFENSE OF GOVERNMENTAL IMMUNITY IN ANY SUIT BROUGHT UNDER
THIS SECTION.

(C) THE STATE INSURANCE PROGRAM ADMINISTERED UNDER
TITLE 12 OF THE STATE GOVERNMENT ARTICLE FOR PURPOSES OF
PROVIDING COVERAGE UNDER THE MARYLAND TORT CLAIMS ACT
SHALL:

(1) GOVERN THE LIMITS OF LIABILITY IN ANY SUIT BROUGHT
UNDER THIS SECTION; AND

(2) PROVIDE FUNDS FOR THE PAYMENT OF ANY SETTLEMENT
OR JUDGMENT ENTERED AGAINST THE SOIL CONSERVATION DISTRICT
IN A SUIT BROUGHT UNDER THIS SECTION.

A MEMBER OF A LAWYER COUNSELING COMMITTEE, DEFINED
UNDER § 10-502 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS
ARTICLE, WHO ACTS IN GOOD FAITH AND WITHIN THE SCOPE OF THE
JURISDICTION OF THE COMMITTEE IS NOT CIVILY LIABLE OR SUBJECT
TO A DISCIPLINARY PROCEEDING FOR:

(1) AN ACTION AS A MEMBER OF THE COMMITTEE; OR

(2) GIVING INFORMATION TO, PARTICIPATING IN, OR
CONTRIBUTING TO THE FUNCTIONING OF THE COMMITTEE.

A PERSON WHO PERFORMS THE DUTIES OF THAT PERSON IN
ACCORDANCE WITH THE STANDARD PROVIDED UNDER § 2-405.1 OF THE
CORPORATIONS AND ASSOCIATIONS ARTICLE HAS NO LIABILITY BY
REASON OF BEING OR HAVING BEEN A DIRECTOR OF A CORPORATION.

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