1632

LAWS OF MARYLAND

Ch. 145

AN ACT concerning

Maryland Tort Claiming Claims Act

FOR the purpose of amending a definition; correcting
punctuation; amending the procedure for final denial of
a claim; providing for the tolling of the statute of
limitations under certain circumstances; and providing
for a combination of sources for the coverage of
liability.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings
Section 5-401(e), 5-404(b), and 5-406(a)
Annotated Code of Maryland
(1980 Replacement Volume and 1981 Supplement)

BY repealing and reenacting, with amendments,

Article 95 - Treasurer

Section 27(d)

Annotated Code of Maryland

(1979 Replacement Volume and 1981 Supplement)

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

Article - Courts and Judicial Proceedings

5-401.

(e) "State property" means any tangible property,
real, personal, or mixed, which is owned BY or in the
possession of the State.

5-404.

(b) A State employee who has acted within the scope of
his public duties, absent malice[,] or gross negligence, is
not liable in his individual capacity for any damages
resulting from tortious conduct for which the State has
waived its immunity under this subtitle, even when the
damages exceed the limits of the State's waiver of immunity.

5-406.

(a) (1) Except as provided in paragraph (2) of this
subsection, an action may not be instituted pursuant to this
subtitle unless the claimant has first presented the claim
in writing to the State Treasurer or his designee and the
claim has been FINALLY denied. A FINAL DENIAL SHALL BE in