4742                                      LAWS OF MARYLAND                                    Ch. 865

(B) "GOVERNMENTAL ENTITY" MEANS A SPECIAL TAXING
DISTRICT WHICH:

(1) IS A UNIT OF GOVERNMENT RESPONSIBLE FOR AN
AREA SITUATED SOLELY WITHIN A SINGLE COUNTY;

(2) HAS A GOVERNING BODY ELECTED INDEPENDENTLY
OF THE COUNTY GOVERNMENT;

(3) IS FINANCED WITH REVENUES SECURED IN WHOLE
OR IN PART FROM SPECIAL TAXES OR ASSESSMENTS LEVIED ON REAL
PROPERTY SITUATED WITHIN THE AREA;

(4) PERFORMS MUNICIPAL SERVICES FOR THE
RESIDENTS OF THE AREA; AND

(5) WAS NOT CREATED FOR A LIMITED OR SPECIAL
PURPOSE OR PURPOSES.

(C) "OFFICIAL OF A GOVERNMENTAL ENTITY" INCLUDES A
MEMBER OF THE GOVERNING BODY OF A GOVERNMENTAL ENTITY.

2.

Officials of a SPECIAL TAXING DISTRICT GOVERNMENTAL
ENTITY, WHILE ACTING IN A DISCRETIONARY CAPACITY, WITHOUT
MALICE, AND WITHIN THE SCOPE OF THEIR EMPLOYMENT OR
AUTHORITY ARE IMMUNE AS OFFICIALS OR INDIVIDUALS FROM CIVIL
LIABILITY FOR ANY ACT OR OMISSION.

3.

AN OFFICIAL IS NOT IMMUNE FROM LIABILITY FOR NEGLIGENCE
OR ANY OTHER TORT ARISING FROM THE OPERATION OF A MOTOR
VEHICLE EXCEPT AS TO ANY CLAIM FOR DAMAGES IN EXCESS OF THE
LIMITS OF ANY APPLICABLE POLICY OF MOTOR VEHICLE LIABILITY
INSURANCE.

4.

(A)  A SPECIAL TAXING DISTRICT GOVERNMENTAL ENTITY
SHALL PROVIDE A DEFENSE FOR AN OFFICIAL FOR ANY ACT OR
OMISSION UNDERTAKEN WITHOUT MALICE AND ARISING WITHIN THE
SCOPE OF THE OFFICIAL'S EMPLOYMENT OR AUTHORITY.

(B)  A SPECIAL TAXING DISTRICT GOVERNMENTAL ENTITY
SHALL PROVIDE ONLY A DEFENSE FOR ITS OFFICIALS FOR
NEGLIGENCE OR ANY OTHER TORT ARISING FROM THE OPERATION OF A
MOTOR VEHICLE AS TO ANY CLAIM FOR DAMAGES IN EXCESS OF THE
LIMITS OF ANY APPLICABLE POLICY OF MOTOR VEHICLE LIABILITY
INSURANCE.

5.