WILLIAM DONALD SCHAEFER, Governor Ch. 546

7-403.1.

(e) A person who performs any screening required by this section [is not liable
for any civil damages resulting from acts or omissions in the screening not amounting to
gross negligence] SHALL HAVE THE IMMUNITY FROM LIABILITY DESCRIBED
UNDER TITLE 5, SUBTITLE 3 § 5-355 OF THE COURTS AND JUDICIAL
PROCEEDINGS ARTICLE.

16-206.

(d) This section does not prevent any board of trustees, on its own behalf, from
raising the defense of sovereign immunity [to any amount of a claim in excess of the
limit of an insurance policy or in excess of $100,000 in the case of self-insurance]
DESCRIBED UNDER TITLE 5, SUBTITLE 3 § 5-356 OF THE COURTS AND
JUDICIAL PROCEEDINGS ARTICLE.

Article - Environment

7-229.

[(a) In this section "discharge" includes leakage, seepage, or other release of a
hazardous substance or material.

(b) Except as provided in subsections (c) and (d) of this section, a] A person
who is called on for assistance in an emergency [is not subject to any civil liability or
penalty] HAS THE IMMUNITY FROM CIVIL LIABILITY OR PENALTY
DESCRIBED UNDER TITLE 5, SUBTITLE 3 § 5-357 OF THE COURTS AND
JUDICIAL PROCEEDINGS ARTICLE as a result of assistance or advice rendered in:

(1) Mitigating the effects of an actual or threatened discharge of a
hazardous substance or material;

(2) Preventing a discharge of a hazardous substance or material;

(3) Cleaning up a discharge of a hazardous substance or material; or

(4) Attempting any of the acts in this subsection.

[(c) The immunity provided in subsection (b) of this section does not apply to
any person:

(1) Whose act or omission was the original cause of an actual or
threatened discharge in whole or in part, and who would otherwise be liable for the act
or omission; or

(2) Who received compensation other than reimbursement for
out-of-pocket expenses for rendering the assistance or advice.

(d) Notwithstanding subsection (b) of this section, a person is liable for damages
caused by that person's gross negligence or reckless, wanton, or intentional
misconduct.]

- 2435 -