2684                                         LAWS OF MARYLAND                                     Ch. 538

(4)  the negligent maintenance or operation, by State
personnel, of any self-propelled vehicle, including a vehicle
that operates on rail, through water, or in air, or of an
attachment to the vehicle;

(5)  the negligent maintenance or use, by State
personnel, of any property that the State or any of its units
owns or possesses;

(6)  a defective, unsafe, or dangerous condition of a
street, alley, sidewalk, or highway that the State or any of its
units owns and controls, if the State or the unit had
constructive or actual notice of the condition; or

(7)  the negligent failure of State personnel to
supervise properly an activity at a State park or State
recreation facility.

(b) Immunity is waived under this section only] to the
extent of INSURANCE coverage under [the State Insurance Program]
ARTICLE 95, § 27(D) OF THE CODE.

[(c)] (B)     Immunity is not waived under this section for:

(1)  punitive damages;

(2)  interest before judgment;

(3)  [an individual claim in excess of $100,000;

(4)  total claims that arise from the same occurrence
in excess of $500,000;

(5)] a claim that arises from the combatant
activities of the State militia during a state of emergency; [or]

(4) COSTS, EXPENSES, OR LOST INCOME FOR WHICH:

(I) THE CLAIMANT IS PAID OR REIMBURSED, HAS A
RIGHT OF REIMBURSEMENT, OR IS NOT LEGALLY OBLIGATED; AND

(II) NO RIGHT OF SUBROGATION EXISTS IN AN
INSURER OR OTHER THIRD PARTY;

(5) (4) ANY TORTIOUS ACT OR OMISSION OF STATE
PERSONNEL THAT:

(I)  IS NOT WITHIN THE SCOPE OF THE PUBLIC
DUTIES OF THE STATE PERSONNEL; OR

(II)  IS MADE WITH MALICE OR GROSS NEGLIGENCE;
OR

(6) (5) a cause of action that law specifically
prohibits.