2774

LAWS OF MARYLAND

Ch. 792

Section 16C(d)

Annotated Code of Maryland

(1975 Replacement Volume and 1979 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be repealed, amended, or enacted to read as follows: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 78A - Public Works

16C.

(d) (1) For the purposes of this section, the term
"State officer" includes a person who holds a position
which, while acting in the performance of his duties and
within the scope of his employment, involves the exercise of
discretion and involves the discharge of a portion of the
sovereignty of the State, regardless of the amount or source
of his compensation.

(2) For the purposes of this section, the term
"State employee" includes:

(i) Any regular classified or unclassified
employee of the State for whom compensation is provided for
by State appropriation or whose compensation is paid, in
whole or in part, from State funds;

(ii) Any employee subject to the
jurisdiction of the State Department of Personnel;

(iii) An officer, warrant officer, or
enlisted member of the organized militia;

(iv) An employee or member of a community
college board of trustees;

(v) An employee of a local health
department;

(vi) A key employee of the Maryland Port
Administration as defined in Section 6-204(n) of the
Transportation Article;

(vii) A person performing the services of
a State employee on a voluntary basis;[and]

(viii) A member of the board of visitors
of the Maryland School for the Deaf; AND

(IX) AN EMPLOYEE OR MEMBER OF A COUNTY
BOARD OF EDUCATION AS DEFINED IN §1-101(D) OF THE EDUCATION
ARTICLE.