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Session Laws, 1999
Volume 796, Page 3543   View pdf image
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Article - State Government

12-104.

(a) (1) Subject to the exclusions and limitations in this subtitle and
notwithstanding any other provision of law, the immunity of the State and of its units
is waived as to a tort action, in a court of the State, to the extent provided under
paragraph (2) of this subsection.

(2) The liability of the State and its units may not exceed [$100,000]
$200,000 to a single claimant for injuries arising from a single incident or occurrence.

(b) Immunity is not waived under this section as described under § 5-522(a) of
the Courts and Judicial Proceedings Article.

(c) (1) The Treasurer may pay from the State Insurance Trust Fund all or
part of that portion of a tort claim which exceeds the limitation on liability
established under subsection (a)(2) of this section under the following conditions;

(i) the tort claim is one for which the State and its units have
waived immunity under subsections (a) and (b) of this section;

(ii) a judgment or settlement has been entered granting the
claimant damages to the full amount established under subsection (a)(2) of this
section; and

(iii) the Board of Public Works, with the advice and counsel of the
Attorney General, has approved the payment.

(2) Any payment of part of a settlement or judgment under this
subsection does not abrogate the sovereign immunity of the State or any units beyond
the waiver provided in subsections (a) and (b) of this section.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed only prospectively and may not be applied or interpreted to have any effect
on or application to any cause of action arising before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.

Approved May 27, 1999.

CHAPTER 640
(House Bill 495)

AN ACT concerning

State Lottery - Licensed Agents - Commissions

FOR the purpose of altering the commission that a licensed agent of the State Lottery
Agency is required to be paid on ticket sales made during a year; providing for a

 

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Session Laws, 1999
Volume 796, Page 3543   View pdf image
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