HARRY HUGHES, Governor

2687

3. all State personnel [who were acting
within the scope of public duties and were not malicious or
grossly negligent].

(d) A claim under this subtitle is denied finally:

(1)  if, by certified mail, return receipt requested,
under a postmark of the United States Postal Service, the
Treasurer or designee sends the claimant, HIS LEGAL
REPRESENTATIVE, OR COUNSEL written notice of denial; or

(2)   [at the option of the claimant,] if the Treasurer
or designee fails to give [the claimant] notice of a final
decision within 6 months after the filing of the claim.

[12-107.] 12-108.

(a)  [If a claim under this subtitle is filed within the
applicable period of limitations, the filing tolls the statute of
limitations until 60 days after a final denial of the claim.

(b) (1) The State shall be joined as a party in an action
against State personnel that alleges damages as a result of a
tortious act or omission within the scope of the public duties of
the State personnel.

(2) The issue of whether the alleged act or omission
was within the scope of those duties may be tried separately.

(c)  (1)] IN AN ACTION UNDER THIS SUBTITLE, SERVICE OF THE
COMPLAINT AND ACCOMPANYING DOCUMENTS IS SUFFICIENT ONLY IF MADE
ON THE TREASURER.

(B) Unless full representation is provided under a contract
of insurance, the Attorney General shall defend [a civil] AN
action [or proceeding] under this subtitle against the State or
any of its units.

[(2) Subtitle 3, Part II of this title shall apply to
representation of State personnel under this subtitle.

(d)  (1) Any State personnel who acts within the scope of
the State personnel's public duties and without malice and gross
negligence is not liable as an individual for any damages that
result from tortious conduct for which immunity is waived under
this subtitle, including damages that exceed the limitations on
the State's waiver of immunity.

(2) A judgment in tort for money damages obtained
under this subtitle against State personnel, in the State
personnel's official capacity, is a judgment against the State
only and may not be executed against the State personnel
individually.]