WILLIAM DONALD SCHAEFER, Governor                         S.B. 342

(B)     (1) A PRIVATE PROVIDER SHALL BE LIABLE UP TO THE LIMITS OF ANY
THE LIABILITY INSURANCE COVERAGE REQUIRED UNDER PARAGRAPH (3) OF THIS
SUBSECTION OR ANY APPLICABLE INSURANCE COVERAGE, WHICHEVER IS GREATER,
FOR THE NEGLIGENT ACTS OR OMISSIONS OF:

(I)      THE PRIVATE PROVIDER OR ITS AGENTS IN PROVIDING
PROJECTS OR SERVICES TO, OR PERFORMING DUTIES FOR OR ON BEHALF OF, A
COMMUNITY SERVICE PROGRAM; AND

(II)     AN OFFENDER IN THE COURSE OF PARTICIPATING IN A WORK
PROJECT THE PRIVATE PROVIDER HAS PROVIDED FOR A COMMUNITY SERVICE
PROGRAM.

(2) A PRIVATE PROVIDER SHALL NOT BE LIABLE FOR THE CONDUCT OF
AN OFFENDER UNLESS THE OFFENDER'S CONDUCT WAS:

(I)      IN THE COURSE OF THE OFFENDER'S PARTICIPATION IN A
PROJECT WHICH THE PRIVATE PROVIDER HAS PROVIDED FOR A COMMUNITY
SERVICE PROGRAM; AND

(II)     WITHIN THE SCOPE OF THE DUTIES WHICH THE OFFENDER
WAS ASSIGNED OR ORDERED TO PERFORM.

(3) A PRIVATE PROVIDER SHALL MAINTAIN LIABILITY INSURANCE
THAT HAS A LIMIT OF COVERAGE OF NOT LESS THAN $200,000 PER INDIVIDUAL
CLAIM AND $500,000 PER TOTAL CLAIMS THAT ARISE FROM THE SAME OCCURRENCE.

(3) A PRIVATE PROVIDER SHALL MAINTAIN LIABILITY INSURANCE IN AT
LEAST THE AMOUNTS SPECIFIED IN § 5-312(B) OF THIS SUBTITLE.

(C)     A PUBLIC PROVIDER AND ITS AGENTS SHALL BE LIABLE FOR THE
NEGLIGENT ACTS OR OMISSIONS OF THE PUBLIC PROVIDER AND ITS AGENTS IN
PROVIDING PROJECTS OR SERVICES TO, OR PERFORMING DUTIES FOR OR ON
BEHALF OF, A COMMUNITY SERVICE PROGRAM TO THE EXTENT PERMITTED BY THE
PROVISIONS OF THE MARYLAND TORT CLAIMS ACT OR THE LOCAL GOVERNMENT
TORT CLAIMS ACT.

(D)     THIS SECTION DOES NOT AFFECT AND MAY NOT BE CONSTRUED AS
AFFECTING:

(1)      THE LIABILITY OF AN OFFENDER;

(2)      ANY IMMUNITIES FROM CIVIL LIABILITY OR ANY DEFENSE
ESTABLISHED BY ANY OTHER PROVISION OF THE CODE OR AT COMMON LAW; OR

(3)      ANY LIMITATION ON DAMAGES ESTABLISHED BY LAW TO WHICH A
PROVIDER OR ITS AGENTS OTHERWISE MAY BE ENTITLED; OR

(4) THE LIABILITY OF A PROVIDER OR ITS AGENTS FOR AN ACT OR
OMISSION OF THE PROVIDER OR ITS AGENTS THAT CONSTITUTES GROSS NEGLIGENCE,
RECKLESS OR WANTON MISCONDUCT, OR INTENTIONALLY TORTIOUS CONDUCT.

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