WILLIAM DONALD SCHAEFER, Governor Ch. 546

(5) a cause of action that law specifically prohibits] AS DESCRIBED
UNDER TITLE 5, SUBTITLE 3 § 5-399.2(A) OF THE COURTS AND JUDICIAL
PROCEEDINGS ARTICLE.

(c) (1) The Treasurer may pay from the State Insurance Trust Fund all or part
of that portion of a tort claim which exceeds the coverage obtained under Title 9 of the
State Finance and Procurement Article under the following conditions:

(i) the tort claim is one for which the State and its units have waived
immunity under subsections (a) and (b) of this section;

(ii) a judgment or settlement has been entered granting the claimant
damages to the full amount of coverage under Title 9 of the State Finance and
Procurement Article; and

(iii) the Board of Public Works, with the advice and counsel of the
Attorney General, has approved the payment.

(2) Any payment of part of a settlement or judgment under this subsection
does not abrogate the sovereign immunity of the State or any units beyond the waiver
provided in subsections (a) and (b) of this section.

12-105.

[(a)] State personnel [are immune from suit in courts of the State and from
liability in tort for a tortious act or omission that is within the scope of the public duties
of the State personnel and is made without malice or gross negligence, and for which
the State or its units have waived immunity under this subtitle, even if damages exceed
the limits of that waiver.

(b) The scope of public duties of State personnel shall include, but not be
limited to:

(1) any authorized use of a State-owned vehicle by State personnel,
including but not limited to commuting to and from the place of employment; and

(2) services to third parties performed by State personnel, as defined by §
12-101(5) of this subtitle, in the course of participation in an approved clinical training
or academic program] SHALL HAVE THE IMMUNITY FROM LIABILITY
DESCRIBED UNDER TITLE 5, SUBTITLE 3 § 5-399.2(B) OF THE COURTS AND
JUDICIAL PROCEEDINGS ARTICLE.

12-201.

(a) Except as otherwise expressly provided by a law of the State, the State, its
officers, and its units may not raise the defense of sovereign immunity in a contract
action, in a court of the State, based on a written contract that an official or employee
executed for the State or 1 of its units while the official or employee was acting within
the scope of the authority of the official or employee.

(b) In an action under this subtitle, the State and its officers and units [are not
liable for punitive damages] SHALL HAVE THE IMMUNITY FROM LIABILITY

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