Ch. 565                                    1994 LAWS OF MARYLAND

CHAPTER 565
(House Bill 472)

AN ACT concerning

Maryland Tort Claims Act - Limitations Period

FOR the purpose of altering the limitations period for instituting an action under the
Maryland Tort Claims Act; and providing for the application of this Act.

BY repealing and reenacting, with amendments,

Article - State Government

Section 12-106

Annotated Code of Maryland

(1993 Replacement Volume and 1993 Supplement)

BY repealing and reenacting, without amendments,

Article - State Government

Section 12-107(d)

Annotated Code of Maryland

(1993 Replacement Volume and 1993 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 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].

12-107.

(d) A claim under this subtitle is denied finally:

(i) if, by certified mail, return receipt requested, under a postmark of the
United States Postal Service, the treasurer or designee sends the claimant, or the legal
representative or counsel for the claimant written notice of denial; or

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