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ROBERT L. EHRLICH, JR., Governor Ch. 186
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2006.
Approved April 25, 2006.
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CHAPTER 186
(House Bill 668)
AN ACT concerning
Carroll County - Local Government Tort Claims Act - Inclusion of Specified
Nonprofit Entities
FOR the purpose of altering the definition of a "local government" under the Local
Government Tort Claims Act to include certain nonprofit corporations in Carroll
County; providing that a certain notice requirement does not apply to certain
actions against certain nonprofit corporations in Carroll County or their
employees; and generally relating to the inclusion of certain nonprofit entities in
Carroll County under the Local Government Tort Claims Act.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 5-301 and 5-304
Annotated Code of Maryland
(2002 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
5-301.
(a) In this subtitle the following words have the meanings indicated.
(b) "Actual malice" means ill will or improper motivation.
(c) (1) "Employee" means any person who was employed by a local
government at the time of the act or omission giving rise to potential liability against
that person.
(2) "Employee" includes:
(i) Any employee, either within or without a classified service or
merit system;
(ii) An appointed or elected official; or
(iii) A volunteer who, at the request of the local government, and
under its control and direction, was providing services or performing duties.
- 895 -
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