H.B. 709                                                 VETOES

of local government for purposes of the Local Government Tort Claims Act;
providing for the application of this Act; and generally relating to the Baltimore
City Police Department including the Baltimore City Police Department and its
employees within the Local Government Tort Claims Act.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 5-401

Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

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

Article - Courts and Judicial Proceedings

5-401.

(a)     In this subtitle the following words have the meanings indicated.

(b)     "Actual malice" means ill will or improper motivation.

(c)     (1) "Employee" means any person who was employed by a local government
at the time of the act or omission giving rise to potential liability against that person.

(2) "Employee" includes:

(i) Any employee, either within or without a classified service or merit

system;

(ii) An appointed or elected official; or

(iii) A volunteer who, at the request of the local government, and
under its control and direction, was providing services or performing duties.

(d) "Local government" means:

(1)     A chartered county established under Article 25A of the Code;

(2)     A code county established under Article 25B of the Code;

(3)     A board of county commissioners established or operating under Article
25 of the Code;

(4)     Baltimore City;

(5)     A municipal corporation established or operating under Article 23A of
the Code;

(6)     The Maryland-National Capital Park and Planning Commission;

(7)     The Washington Suburban Sanitary Commission;

(8)     The Northeast Maryland Waste Disposal Authority;

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