WILLIAM DONALD SCHAEFER, Governor                         S.B. 406

action filed against the State under the Maryland Tort Claims Act by a party who
failed to file a certain claim with the State Treasurer or a designee within a certain
required time period, unless the State shows that its defense has been prejudiced;
establishing certain limitations on the liability of the State and its units under the
Maryland Tort Claims Act; providing for the construction of this Act; providing for the
effective date of this Act; and generally relating to certain restrictions on actions
under the Maryland Tort Claims Act.

BY repealing and reenacting, with amendments,
Article - State Government
Section 12-104 and 12-106
Annotated Code of Maryland
(1984 Volume and 1992 Supplement)

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 5-399.2(a)
Annotated Code of Maryland
(1989 Replacement Volume and 1992 Supplement)

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

Article - State Government

12-106.

(a)     This section does not apply to a claim that is asserted by cross-claim or
counterclaim.

(b)      [A] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
claimant may not institute an action under this subtitle unless:

(1)     the claimant submits a written claim to the Treasurer or a designee of
the Treasurer within 180 days after the injury to person or property that is the basis of the
claim;

(2)     the Treasurer or designee denies the claim finally; and

(3)     the action is filed within 1 year after the claim is denied finally or 3 years
after the cause of action arises, whichever is later.

(C) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION, UNLESS
THE DEFENDANT CAN AFFIRMATIVELY SHOW THAT ITS DEFENSE HAS BEEN
PREJUDICED BY LACK OF REQUIRED NOTICE, UPON MOTION AND FOR GOOD CAUSE
SHOWN THE COURT MAY ENTERTAIN THE SUIT AN ACTION UNDER THIS SUBTITLE
EVEN THOUGH THE REQUIRED NOTICE WAS NOT GIVEN WRITTEN CLAIM REQUIRED
UNDER SUBSECTION (B) OF THIS SECTION WAS NOT SUBMITTED TO THE TREASURER
OR THE TREASURER'S DESIGNEE.

- 3257 -