2298                                            LAWS OF MARYLAND                                    Ch. 793

Annotated Code of Maryland

(1969 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 16C of Article 78A - Public Works,
of the Annotated Code of Maryland be repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That section(s)
of the Annotated Code of Maryland be repealed, amended, or
enacted to read as follows:

Article 78A - Public Works

16C.

(A)    THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(1)    THE STATE IS A UNIQUE BODY BECAUSE IT IS A
SOVEREIGN POLITICAL ENTITY ESTABLISHED DIRECTLY BY THE
PEOPLE FOR THE SOLE PURPOSE OF PROVIDING FOR THEIR
GOVERNMENT AND BECAUSE ITS REVENUE SOURCES ARE DERIVED
PRINCIPALLY FROM TAXES ON THE PEOPLE RATHER THAN FROM
COMMERCIAL ENTERPRISE.

(2)    STATE OFFICERS AND STATE EMPLOYEES, WHEN
ACTING WITHIN THE SCOPE OF THEIR PUBLIC DUTIES AND
RESPONSIBILITIES, ARE IMPLEMENTING GOVERNMENTAL PROGRAMS
AUTHORIZED BY OR PURSUANT TO LAW. AS A RESULT, THEY ALSO
ARE DISCHARGING IN SOME DEGREE A PORTION OF THE PURPOSE AND
SOVEREIGNTY OF THE STATE.

(3)    RECENT COURT DECISIONS THROUGHOUT THE
COUNTRY HAVE CREATED NEW GROUNDS OF PERSONAL LIABILITY OF
PUBLIC OFFICERS AND EMPLOYEES ACCRUING FROM THE DISCHARGE OF
THEIR PUBLIC DUTIES. AS A RESULT IT IS BECOMING
INCREASINGLY DIFFICULT TO RECRUIT AND RETAIN QUALIFIED
PERSONNEL TO SERVE IN PUBLIC POSITIONS THAT INVOLVE EITHER
THE EXERCISE OF DISCRETION OR DEALING WITH THE PUBLIC AT
LARGE; AND IT HAS ALSO BECOME INCREASINGLY DIFFICULT AND
EXPENSIVE TO PROTECT SUCH OFFICERS AND EMPLOYEES THROUGH
PUBLIC LIABILITY INSURANCE.

(4)    AS A MATTER OF STATE POLICY, IT IS
ESSENTIAL TO PROTECT STATE OFFICERS AND EMPLOYEES, WHEN
ACTING WITHIN THE SCOPE OF THEIR PUBLIC DUTIES AND
RESPONSIBILITIES, FROM LIABILITY EXCEPT FOR INSTANCES OF
MALICIOUS CONDUCT OR GROSS NEGLIGENCE.

(5)    THE IMMUNITIES OR DEFENSES AVAILABLE TO AN
INDIVIDUAL STATE OFFICER OR EMPLOYEE FOR HIS ACTIONS SHALL
REMAIN UNAFFECTED BY THE PROVISIONS OF THIS SECTION.

(B)    (1) THE BOARD OF PUBLIC WORKS MAY GRANT FROM
THE GENERAL EMERGENCY FUND, OR FROM FUNDS PROVIDED THEREFOR
BY THE GOVERNOR IN THE BUDGET BILL, OR FROM FUNDS
APPROPRIATED THEREFOR TO THE STATE INSURANCE TRUST FUND, A
SUM TO SATISFY ALL OR PART OF ANY JUDGMENT OR ANY SETTLEMENT