2000                                        LAWS OF MARYLAND                                    Ch. 563

(B)  SUBJECT TO THE PROVISIONS OF SUBSECTION (C) OF THIS
SECTION, A PERSON SUSTAINING AN INJURY AS A RESULT OF THE
TORTIOUS ACT OF AN OFFICER OR DIRECTOR OF A GOVERNING BODY WHILE
THE OFFICER OR DIRECTOR IS ACTING WITHIN THE SCOPE OF THE
OFFICER'S OR DIRECTOR'S DUTIES, MAY RECOVER ONLY IN AN ACTION
BROUGHT AGAINST THE GOVERNING BODY FOR THE ACTUAL DAMAGES
SUSTAINED, NOT TO EXCEED THE LIMITS OF THE GOVERNING BODY
INSURANCE COVERAGE.

(C)  IN A PROCEEDING AGAINST A GOVERNING BODY, A DIRECTOR OR
OFFICER OF A GOVERNING BODY MAY NOT BE HELD PERSONALLY LIABLE FOR
INJURIES SUSTAINED BY A PARTY IF THE DIRECTOR OR OFFICER:

(1)  ACTED WITHIN THE SCOPE OF THE DIRECTOR'S OR
OFFICER'S DUTIES;

(2)  ACTED IN GOOD FAITH; AND

(3)  DID NOT ACT IN A RECKLESS, WANTON, OR GROSSLY
NEGLIGENT MANNER.

(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, IN AN ACTION INSTITUTED UNDER THIS SECTION, A
CLAIMANT SHALL NAME ONLY THE GOVERNING BODY AS A PARTY DEFENDANT.

(2) FOR PURPOSES OF THIS SECTION, AN OFFICER OR
DIRECTOR OF A GOVERNING BODY MAY BE NAMED INDIVIDUALLY ONLY WHEN
THE GOVERNING BODY FOR WHICH THE OFFICER OR DIRECTOR WAS ACTING
CANNOT BE DETERMINED AT THE TIME AN ACTION IS INSTITUTED UNDER
THIS SECTION.

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(3) IF AN OFFICER OR DIRECTOR IS NAMED AS AN
INDIVIDUAL DEFENDANT UNDER THIS SECTION, THE GOVERNING BODY, FOR
WHICH THE OFFICER OR DIRECTOR WAS ACTING SHALL BE SUBSTITUTED AS
THE PARTY DEFENDANT WHEN ITS IDENTITY REASONABLY CAN BE
DETERMINED.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall

take effect July 1, 1986.
Approved May 13, 1986.