WILLIAM DONALD SCHAEFER, Governor                   Ch. 529

(1)  THAT IS WITHIN THE SCOPE OF THE PUBLIC DUTIES OF
THE MEMBER OR EMPLOYEE;

(2)  THAT IS MADE WITHOUT MALICE OR GROSS NEGLIGENCE;
AND

(3)  FOR WHICH THE SOIL CONSERVATION DISTRICT HAS
CONSENTED TO SUIT UNDER SUBSECTION (B) OF THIS SECTION, EVEN IF
DAMAGES EXCEED THE LIMITS OF THAT CONSENT.

(B)  (1) THE EXCLUSIVE REMEDY FOR A TORTIOUS ACT OR
OMISSION, FOR WHICH A MEMBER OR EMPLOYEE OF A BOARD OF
SUPERVISORS FOR A SOIL CONSERVATION DISTRICT IS IMMUNE FROM SUIT
OR LIABILITY UNDER SUBSECTION (A) OF THIS SECTION, IS A SUIT
BROUGHT AGAINST THE APPROPRIATE SOIL CONSERVATION DISTRICT.

(2) THE SOIL CONSERVATION DISTRICT MAY NOT ASSERT THE
DEFENSE OF GOVERNMENTAL IMMUNITY IN ANY SUIT BROUGHT UNDER THIS
SECTION.

(C)  THE STATE INSURANCE PROGRAM ADMINISTERED UNDER TITLE 12
OF THE STATE GOVERNMENT ARTICLE FOR PURPOSES OF PROVIDING
COVERAGE UNDER THE MARYLAND TORT CLAIMS ACT SHALL:

(1)  GOVERN THE LIMITS OF LIABILITY IN ANY SUIT
BROUGHT UNDER THIS SECTION; AND

(2)  PROVIDE FUNDS FOR THE PAYMENT OF ANY SETTLEMENT
OR JUDGMENT ENTERED AGAINST THE SOIL CONSERVATION DISTRICT IN A
SUIT BROUGHT UNDER THIS SECTION.

Article - State Government

12-101.

In this subtitle, unless the context clearly requires
otherwise, "State personnel" means:

(1) a classified, unclassified, or contractual

employee of the State whose compensation is paid wholly or partly
from State funds;

(2) a key employee of the Maryland Port

Administration, as described in § 6-204(n) of the Transportation
Article;

(3) a person who, as a volunteer, is providing a
service to or for the State;

(4) an individual who, with or without compensation,
exercises a part of the sovereignty of the State; [or]

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