HARRY HUGHES, Governor

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The Advisory Board on Liability as explained in its
final report has considered the subject of sovereign,
governmental, and public official immunity, as well as the
subject of special taxing districts in Maryland. Based on
conclusions of need and source of funding it is the intent
of the Advisory Board to exclude from the ambit of this
legislation bicounty agencies and soil conservation
districts. Due to time constraints, the Advisory Board has
chosen not to address the issue of the governmental immunity
enjoyed by the special taxing district itself, but intends
to leave intact the immunity as it currently exists.

The Advisory Board intends to retain the decisional law
definition of a public official but seeks to supplement that
definition under this section by statutory definition, so as
to include persons who otherwise might fail to be
categorized as a public official. Deletions of matter from
earlier drafts do not express the intent of the Advisory
Board on a substantive matter, but reflects decisions to
address only certain issues within a certain period of time.

In conclusion, the purpose of the Advisory Board in
proposing this legislation is to afford a modicum of public
official immunity to officials of a special taxing district,
the legal status of which is currently ambiguous; now,
therefore,

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 26 - SPECIAL TAXING DISTRICTS
MISCELLANEOUS GOVERNMENTAL ENTITIES

1.

(A) FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING
WORDS HAVE THE MEANINGS INDICATED.

(B) "SPECIAL TAXING DISTRICT" MEANS AN AREA SITUATED

SOLEY WITHIN A SINGLE COUNTY OR MUNICIPALITY:

(1) IN WHICH ONE OR MORE GOVERNMENTAL,
MUNICIPAL, OR COMMUNITY ORIENTED SERVICES, FINANCED WITH
REVENUES SECURED IN WHOLE OR IN PART FROM SPECIAL TAXES OR
ASSESSMENTS LEVIED ON REAL PROPERTY SITUATED WITHIN THAT
AREA, ARE PROVIDED TO ITS RESIDENTS; AND

(2) WHICH IS ADMINISTERED BY A BODY, ELECTED OR
APPOINTED INDEPENDENTLY OF THE COUNTY OR MUNICIPAL GOVERNING
BODY, WHICH CHARACTERISTICALLY MAKES BUDGET PROPOSALS, TAX
RATE RECOMMENDATIONS, OR EXPENDS SPECIAL TAX FUNDS.

(C) "OFFICIAL OF A SPECIAL TAXING DISTRICT" INCLUDES A
MEMBER OF THE BODY ADMINISTERING THE SPECIAL TAXING DISTRICT

AND ANY INDIVIDUAL ACTING AS TREASURER FOR THE DISTRICT.