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Session Laws, 1976
Volume 734, Page 1183   View pdf image
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MARVIN MANDEL, Governor

1183

SUIT WITHIN ONE YEAR FROM THE DATE ON WHICH THE CLAIM
AROSE OR WITHIN ONE YEAR AFTER COMPLETION OF THE CONTRACT
GIVING RISE TO THE CLAIM, WHICHEVER IS LATER.

(D)         IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF

THIS SECTION, THE GOVERNING BODY OF EVERY MUNICIPAL
CORPORATION SHALL MAKE AVAILABLE ADEQUATE FUNDS FOR THE
SATISFACTION OF ANY FINAL JUDGMENT, AFTER THE EXHAUSTION
OF ANY RIGHT OF APPEAL, WHICH HAS BEEN RENDERED AGAINST
THE MUNICIPAL CORPORATION, OR ANY OFFICER, DEPARTMENT,
AGENCY, BOARD, COMMISSION, OR OTHER UNIT OF GOVERNMENT IN
AN ACTION IN CONTRACT AS PROVIDED IN THIS SECTION.

SECTION 3. AND BE IT FURTHER ENACTED, That new
Section 1A be and it is hereby added to Article 25 —
County Commissioners, of the Annotated Code of Maryland
(1973 Replacement Volume and 1975 Supplement) to read as
follows:

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, THE COUNTY, OR ITS
OFFICER, DEPARTMENT, AGENCY, BOARD, COMMISSION, OR OTHER
UNIT OF GOVERNMENT IS NOT LIABLE FOR PUNITIVE DAMAGES.

(C)    A CLAIM IS BARRED UNLESS THE CLAIMANT FILED
SUIT WITHIN ONE YEAR FROM THE DATE ON WHICH THE CLAIM
AROSE OR WITHIN ONE YEAR AFTER COMPLETION OF THE CONTRACT
GIVING RISE TO THE CLAIM, WHICHEVER IS LATER.

(D)    IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF
THIS SECTION, THE COUNTY COMMISSIONERS OF EVERY COUNTY
SHALL MAKE AVAILABLE ADEQUATE FUNDS FOR THE SATISFACTION
OF ANY FINAL JUDGMENT, AFTER THE EXHAUSTION OF ANY RIGHT
OF APPEAL, WHICH HAS BEEN RENDERED AGAINST THE COUNTY, OR
ANY OFFICER, DEPARTMENT, AGENCY, BOARD, COMMISSION, OR
OTHER UNIT OF GOVERNMENT IN AN ACTION IN CONTRACT AS
PROVIDED IN THIS SECTION.

SECTION 4. AND BE IT FURTHER ENACTED, That new
Section 1A be and it is hereby added to Article 25A —
Chartered Counties of Maryland, of the Annotated Code of
Maryland (1973 Replacement Volume and 1975 Supplement) to
read as follows:

 

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Session Laws, 1976
Volume 734, Page 1183   View pdf image
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