HARRY HUGHES, Governor

1441

Defined terra: "State personnel" § 12-401
12-403. SCOPE OF SUBTITLE.

(A)  IN GENERAL.

THIS SUBTITLE DOES NOT AFFECT ANY IMMUNITY OR OTHER DEFENSE
THAT IS AVAILABLE TO STATE PERSONNEL.

(B)  PAYMENT OF SETTLEMENT OR JUDGMENT.

PAYMENT OF A SETTLEMENT OR JUDGMENT UNDER THIS SUBTITLE DOES
NOT ABROGATE THE SOVEREIGN IMMUNITY OF THE STATE, ANY OF ITS
UNITS, OR STATE PERSONNEL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 78A, §
16C(a)(5) and the first sentence of (c).

Defined term: "State personnel" § 12-401

12-404. PAYMENT AUTHORIZED.

SUBJECT TO THE LIMITATIONS IN THIS SUBTITLE, THE BOARD OF
PUBLIC WORKS MAY:

(1)  PAY WHOLLY OR PARTLY A SETTLEMENT OR JUDGMENT
AGAINST ANY STATE PERSONNEL; AND

(2)  INCLUDE, IN THE PAYMENT, COUNSEL FEES AND COSTS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 78A, §
16C(b)(l), except for the reference to the court
rendering judgment and the sources of payment.

The introductory clause of this section, "[s]ubject to
the limitations in this subtitle," is added as a
general reference to the conditions under § 12-405 of
this subtitle.

Defined terms: "Includes";"including" § 1-101
"State personnel" § 12-401

12-405. LIMITATIONS.

THE BOARD OF PUBLIC WORKS MAY NOT PAY A SETTLEMENT OR
JUDGMENT UNLESS:

(1) THE STATE PERSONNEL SUBMITS TO THE BOARD A
WRITTEN APPLICATION THAT SETS FORTH EACH REASON OF THE STATE
PERSONNEL FOR BELIEVING THE SETTLEMENT OR JUDGMENT IS A
RESPONSIBILITY OF THE STATE;

(2) THE BOARD OR A HEARING OFFICER THAT THE BOARD
APPOINTS HOLDS A HEARING ON THE APPLICATION;