HARRY HUGHES, Governor

1611

(A)  IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS
SUBTITLE BE INTERPRETED BROADLY TO ASSURE THAT INJURED
PARTIES HAVE A REMEDY.

(B)  THE PROVISIONS OF THIS SUBTITLE ARE INTENDED TO BE
IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER LAW
WAIVING THE SOVEREIGN IMMUNITY OF THE STATE IN TORT OR
AUTHORIZING THE STATE TO PURCHASE OR OTHERWISE PROVIDE
INSURANCE FOR TORTIOUS CONDUCT.

(C)  NOTHING IN THIS SUBTITLE IS INTENDED TO WAIVE ANY
RIGHT OF OR DEFENSE AVAILABLE TO THE STATE OR ANY AGENCY,
OFFICIAL, OR EMPLOYEE OF THE STATE IN ANY ACTION IN THE
COURTS OF THE UNITED STATES OR THE COURTS OF ANY OF
MARYLAND'S SISTER STATES, INCLUDING, BUT NOT LIMITED TO, THE
DEFENSES AVAILABLE UNDER THE ELEVENTH AMENDMENT TO THE
CONSTITUTION OF THE UNITED STATES.

(D)  NOTHING IN THIS SUBTITLE CONSTITUTES A WAIVER OF
ANY IMMUNITY OF A COUNTY, MUNICIPALITY, BI-COUNTY AGENCY, OR
OTHER LOCAL GOVERNMENTAL ENTITY OR ANY AGENCY, OFFICIAL, OR
EMPLOYEE THEREOF.

5-403.

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, THE IMMUNITY OF THE STATE FROM SUIT IN THE COURTS
OF THIS STATE AND LIABILITY IN TORT IS WAIVED IN THE
FOLLOWING ACTIONS TO THE EXTENT AND IN THE AMOUNT THAT THE
STATE IS COVERED BY A PROGRAM OF INSURANCE ESTABLISHED BY
THE TREASURER PURSUANT TO SECTION 27 OF ARTICLE 95.

(1)  AN ACTION TO RECOVER DAMAGES CAUSED BY THE
NEGLIGENT MAINTENANCE OR OPERATION OF A MOTOR VEHICLE BY A
STATE EMPLOYEE;

(2)  AN ACTION TO RECOVER DAMAGES CAUSED BY THE
NEGLIGENCE OF A HEALTH CARE EMPLOYEE OF A STATE FACILITY OR
INSTITUTION OR BY A DOCTOR, NURSE, DENTIST, OR RELATED
HEALTH CARE PERSONNEL EMPLOYED BY THE STATE;

(3)  AN ACTION TO RECOVER DAMAGES CAUSED BY THE
PATENTLY DANGEROUS CONDITION OF A BUILDING, STRUCTURE, OR
OTHER PUBLIC IMPROVEMENT OWNED AND CONTROLLED BY THE STATE;

(4)  AN ACTION TO RECOVER DAMAGES CAUSED BY THE
NEGLIGENT USE OR MAINTENANCE OF STATE PROPERTY BY A STATE
EMPLOYEE;

(5)  AN ACTION TO RECOVER DAMAGES CAUSED BY A
DEFECTIVE, UNSAFE, OR DANGEROUS CONDITIONN OF ANY STREET,
ALLEY, SIDEWALK, OR HIGHWAY OWNED AND CONTROLLED BY THE
STATE IF CONSTRUCTIVE OR ACTUAL NOTICE OF THE CONDITION
EXISTED; AND

(6)  AN ACTION TO RECOVER DAMAGES CAUSED BY THE
NEGLIGENT FAILURE OF A STATE OFFICER OR EMPLOYEE TO PROPERLY