HARRY HUGHES, Governor                                      2375

CHAPTER 643

(Senate Bill 600)

AN ACT concerning

Charitable Organizations - Agent Immunity From Liability

FOR the purpose of prohibiting imposition of personal liability
for damages on certain agents of charitable organizations
under certain conditions; defining charitable organization;
defining agent of a charitable organization contain terms;
providing conditions under which personal liability for
damages will and will not be imposed on agents of charitable
organizations; providing limits to recovery by a plaintiff
against a charitable organization in certain cases;
providing for a certain exception; providing a certain
applicability of this Act; and generally relating to civil
liability for damages of agents of certain charitable
organizations.

BY adding to

Article - Courts and Judicial Proceedings

Section 5-312

Annotated Code of Maryland

(1984 Replacement Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

5-312.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "CHARITABLE ORGANIZATION" MEANS AN ORGANIZATION,
INSTITUTION, ASSOCIATION, SOCIETY, OR CORPORATION THAT IS EXEMPT
FROM TAXATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
CODE OF 1954 OR IS ELIGIBLE FOR EXEMPTION THEREUNDER.

(3)  (I) "AGENT OF A CHARITABLE ORGANIZATION" MEANS A
PERSON WHO IS OR WAS A DIRECTOR, OFFICER, EMPLOYEE OF A
CHARITABLE ORGANIZATION OR WHO, ON A VOLUNTEER BASIS, IS OR WAS
PROVIDING SERVICES OR PERFORMING DUTIES ON BEHALF OF A CHARITABLE
ORGANIZATION.

(II) "AGENT OF A CHARITABLE ORGANIZATION" DOES
NOT INCLUDE INDEPENDENT CONTRACTORS THAT PROVIDE SERVICES ON A
CONTRACT BASIS.