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3368 LAWS OF MARYLAND Ch. 871
SECTION 4. AND BE IT FURTHER ENACTED, That Sections
54A(e) and (f) of Article 88B - State Police, of the
Annotated Code of Maryland (1969 Replacement Volume and
1976 Supplement) be and they are hereby repealed and
reenacted, with amendments, to read as follows:
Article 88B - State Police
SUA.
(e) Indemnification may not be made (1) with
respect to any suit, claim, or matter as to which the
person was adjudged to be liable for GROSS negligence or
WILFUL misconduct in the performance of his duty to the
State Police Retirement System[. The court in which the
action was brought may determine, upon application, that,
despite the adjudication of liability, the person is
fairly and reasonably entitled to indemnity for the
expenses which the court shall deem proper. ]; OR (2) FOR
AN INDEPENDENT CONTRACTOR FURNISHING SERVICES TO THE
STATE POLICE RETIREMENT SYSTEM.
(f) The State shall provide insurance for every
person [who is serving in a fiduciary capacity to the
State Police Retirement System] ELIGIBLE FOR
INDEMNIFICATION UNDER THIS SECTION against any liability
asserted against him or incurred by him arising out of
his status as a fiduciary. THE STATE MAY PROVIDE
SELF-INSURANCE FOR THIS PURPOSE, IN WHOLE OR IN PART,
UNDER TERMS AND CONDITIONS SATISFACTORY TO THE STATE
TREASURER. IF THE STATE FAILS TO PROVIDE ADEQUATE
INSURANCE COVERAGE, OR IF THE STATE FAILS TO PROVIDE
INDEMNIFICATION PURSUANT TO THIS SECTION, A FIDUCIARY MAY
NOT BE REQUIRED TO PAY AMOUNTS ATTRIBUTABLE TO LIABILITY
DESCRIBED IN THIS SECTION BY REASON OF THE FAILURE OF THE
STATE TO PROVIDE THE INDEMNIFICATION.
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SECTION (2) 5. AND BE IT FURTHER ENACTED, That this
Act shall take effect July 1, 1977.
Approved May 26, 1977.
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CHAPTER 872
(Senate Bill 159)
AN ACT concerning
Merit System — Employees of State Soil
Conservation Committee
FOR the purpose of providing for employing and assigning
employees to soil conservation districts;
cooperating with local governments to assist
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