1184
LAWS OF MARYLAND
Ch. 450
Article 25A - Chartered Counties of Maryland
1A.
(A) UNLESS OTHERWISE SPECIFICALLY PROVIDED BY THE
LAWS OF MARYLAND, A CHARTERED COUNTY, AND EVERY OFFICER,
DEPARTMENT, AGENCY, BOARD, COMMISSION, OF 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 FILES
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 CHARTERED
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 5. AND BE IT FURTHER ENACTED, That new
Section 13A be and it is hereby added to Article 25B —
Home Rule for Code Counties, of the Annotated Code of
Maryland (1973 Replacement Volume and 1975 Supplement) to
read as follows:
Article 25B — Home Rule for Code Counties
13A.
(A) UNLESS OTHERWISE SPECIFICALLY PROVIDED BY THE
LAWS OF MARYLAND, A CODE COUNTY, 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 FILES
SUIT WITHIN ONE YEAR FROM THE DATE ON WHICH THE CLAIM
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