PARRIS N. GLENDENING, Governor

H.B. 256

Annotated Code of Maryland

(1995 Replacement Volume and 1996 Supplement)

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 12-303
Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

BY repealing and reenacting, with amendments,
Article - State Government
Section 2-1801
Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

Preamble

WHEREAS, The constitution of Maryland and of most other states recognize
that state legislators should be absolutely immune from liability for or inquiry into their
legislative acts; and

WHEREAS, A quarter century ago the U.S. Supremo Court in U.S. v. Brewster,
408 U.S. 501, 512 (1972), said that the legislative privilege of members of Congress did
not apply to "entirely legitimate" activities such as errands performed for constituents;
and

WHEREAS, Numerous scholars have since concluded that the performance of
constituent service results in better representation, serves a useful role in the
performance of legislative oversight, and strengthens citizens' faith in their government;

and

WHEREAS, In the past, some members of the General Assembly have been
threatened with civil litigation, sued, or deposed in connection with constituent service
activities; and

WHEREAS, It is desirable and in the public interest that members of the General
Assembly be fully protected from civil liability for or inquiry into constituent service
activities performed within the scope of their public duties, and that other states be
encouraged to enact immunity provisions such as those embodied in this legislation; now,
therefore,

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

Article - Courts and Judicial Proceedings

5-399.8.

(A) (1) IN THIS SECTION, "CONSTITUENT SERVICE" INCLUDES GOOD FAITH
INTERVENTION FOR INDIVIDUALS, GROUPS, ORGANIZATIONS, OR BUSINESSES OR

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