1842

LAWS OF MARYLAND

Ch. 430

(c)  The payment of the grant by the Board shall not be
construed to abrogate the sovereign immunity of the State or
deprive any agency, board, commission, department, officer,
or institution, or any employee thereof, of its sovereign
immunity. No appeal shall lie to any court from a decision
of the Board of Public Works made pursuant to this section.

(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; AND

(X) AN EMPLOYEE OR MEMBER OF A SOIL
CONSERVATION DISTRICT BOARD OF SUPERVISORS.

(3)  The Board of Public Works shall determine,
in cases of doubt, whether any person making written
application under subsection (b) is a State officer or State
employee for the purposes of this section, regardless of the
method, source, or amount of compensation of the person.