HARRY HUGHES, Governor

1767

(1973 Replacement Volume and 1978 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 23A — Corporations — Municipal

1B.

(B) (A) OFFICIALS OF A MUNICIPAL CORPORATION, WHILE
ACTING IN A DISCRETIONARY CAPACITY, WITHOUT MALICE, AND
WITHIN THE SCOPE OF THEIR EMPLOYMENT OR AUTHORITY SHALL BE
IMMUNE AS OFFICIALS OR INDIVIDUALS FROM ANY CIVIL LIABILITY
FOR THE PERFORMANCE OF SUCH ACTIONS. HOWEVER, AN OFFICIAL

IS NOT IMMUNE FROM LIABILITY FOR NEGLIGENCE OR ANY OTHER

TORT ARISING FROM THE OPERATION OF A MOTOR VEHICLE EXCEPT AS

TO ANY CLAIM FOR DAMAGES IN EXCESS OF THE LIMITS OF ANY

APPLICABLE POLICY OF MOTOR VEHICLE LIABILITY INSURANCE.

(B)   AN OFFICIAL IS NOT IMMUNE FROM LIABILITY FOR
NEGLIGENCE OR ANY OTHER TORT ARISING FROM THE OPERATION OF A
MOTOR VEHICLE EXCEPT AS TO ANY CLAIM FOR DAMAGES IN EXCESS
OF THE LIMITS OF ANY APPLICABLE POLICY OF MOTOR VEHICLE
LIABILITY INSURANCE.

(C)   A MUNICIPAL CORPORATION SHALL PROVIDE DEFENSE FOR
ITS OFFICIALS FOR ANY ACT ARISING WITHIN THE SCOPE OF THEIR
EMPLOYMENT OR AUTHORITY; A MUNICIPAL CORPORATION SHALL ONLY
PROVIDE DEFENSE FOR ITS OFFICIALS FOR NEGLIGENCE OR ANY
OTHER TORT ARISING FROM THE OPERATION OF A MOTOR VEHICLE AS
TO ANY CLAIM FOR DAMAGES IN EXCESS OF THE LIMITS OF ANY
APPLICABLE POLICY OF MOTOR VEHICLE LIABILITY INSURANCE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Approved May 29, 1979.

CHAPTER 646

(House Bill 1483)

AN ACT concerning

Garrett County — Elected Board of Education

FOR the purpose of creating an elected Board of Education in
Garrett County; establishing terms of office; providing