1440

LAWS OF MARYLAND

Ch. 284

In item (10) of this section, the phrase "as a
volunteer" is substituted for the former phrase "on a
voluntary basis", and the reference to "a service to
or for the State" is substituted for the former
reference to "services of a State employee". These
substitutions conform item (10) of this section to a
similar, but more recently enacted provision in former
CJ § 5-401(d)(2) -- now § 12-101(3) of this title.

Defined terms: "County" § 1-101
"Person" § 1-101

12-402. LEGISLATIVE FINDINGS.

THE GENERAL ASSEMBLY FINDS THAT:

(1)  THE STATE IS A UNIQUE BODY BECAUSE:

(I)  THE STATE IS A SOVEREIGN POLITICAL BODY
THAT THE PEOPLE HAVE ESTABLISHED DIRECTLY FOR THE SOLE PURPOSE OF
PROVIDING FOR THEIR GOVERNMENT; AND

(II)  THE REVENUE OF THE STATE DERIVES
PRINCIPALLY FROM TAXES ON THE PEOPLE, RATHER THAN FROM COMMERCIAL
ENTERPRISE;

(2)  STATE PERSONNEL WHO ARE ACTING WITHIN THE SCOPE
OF PUBLIC DUTIES AND RESPONSIBILITIES ARE CARRYING OUT A
GOVERNMENTAL PROGRAM UNDER LAW AND, THUS, ARE DISCHARGING A PART
OF THE PURPOSE AND SOVEREIGNTY OF THE STATE;

(3)  DECISIONS OF COURTS THROUGHOUT THE UNITED STATES
HAVE CREATED NEW GROUNDS FOR PERSONAL LIABILITY OF A PUBLIC
OFFICER OR PUBLIC EMPLOYEE WHO IS DISCHARGING A PUBLIC DUTY;

(4)  THOSE DECISIONS HAVE RESULTED IN:

(I)  INCREASED DIFFICULTIES IN RECRUITING OR
RETAINING QUALIFIED INDIVIDUALS FOR PUBLIC POSITIONS THAT INVOLVE
THE EXERCISE OF DISCRETION OR DEALING WITH THE GENERAL PUBLIC;
AND

(II)  INCREASED DIFFICULTIES AND EXPENSE IN
PROTECTING THESE INDIVIDUALS THROUGH PUBLIC, LIABILITY INSURANCE;
AND

(5)  AS A MATTER OF STATE POLICY, IT IS ESSENTIAL TO
PROTECT FROM LIABILITY STATE PERSONNEL WHO ARE ACTING WITHIN THE
SCOPE OF PUBLIC DUTIES AND RESPONSIBILITIES AND WITHOUT MALICE OR
GROSS NEGLIGENCE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 78A, §
16C(a)(l) through (4).