HARRY HUGHES, Governor

1431

In item (1) of this section, the words "in
representing the ... employee" are added to modify
"expenses", for clarity.

Also in item (1) of this section, the former
limitation "if he determines it appropriate" is
deleted as unnecessary since item (1) of this section
is enabling rather than mandatory.

Item (5) of this section is derived from the former
phrase "among other things" and is revised to clarify
that the Attorney General determines additional
appropriate provisions.

As to payment of settlements and judgments by the
Board of Public Works, see Subtitle 4 of this title.

Defined terms: "Includes";"including" § 1-101

12-306. SCOPE AND EFFECT OF REPRESENTATION.

(A)  SCOPE.

REPRESENTATION UNDER THIS PART II OF THIS SUBTITLE INCLUDES
THE RIGHT TO ASSERT A COUNTERCLAIM OR TO ASSERT OR DEFEND AGAINST
A THIRD PARTY CLAIM FOR THE OFFICER OR EMPLOYEE.

(B)  EFFECT.

THE REPRESENTATION DOES NOT DEPRIVE ANY STATE OFFICER, STATE
EMPLOYEE, OR UNIT OF THE STATE GOVERNMENT OF ANY SOVEREIGN
IMMUNITY THAT IS AVAILABLE TO THE OFFICER, EMPLOYEE, OR UNIT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 32A, §
12H(a) and the third sentence of § 12A(a)(l).

In subsection (b) of this section, the phrase "as it
existed prior to July 1, 1973", which formerly
modified the term "sovereign immunity", is deleted as
obsolete and as misleading, since the former phrase
suggested that this subtitle affects sovereign
immunity, after that date. However, this suggestion
was inconsistent with the several, specific references
to the existence of the defense of sovereign immunity.
See, e.g., § 12-305(1)(i)1. of this subtitle.

Former Art. 32A, § 12H(b), which made "this act" —
i.e., Ch. 758, Acts of 1973 -- applicable to cases
instituted "on" or after July 1, 1973", is deleted as
obsolete.

Defined terms: "Includes";"including" § 1-101