§ 5-301
1,208 words·~5 min read·
/md/courts-and-judicial-proceedings/5-301·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–301.
(a)In this subtitle the following words have the meanings indicated.
(b)“Actual malice” means ill will or improper motivation.
(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 charter county as defined in § 1–101 of the Local Government Article;
(2)A code county as defined in § 1–101 of the Local Government Article;
(3)A board of county commissioners;
(4)Baltimore City;
(5)A municipality as defined in § 1–101 of the Local Government Article;
(6)The Maryland–National Capital Park and Planning Commission;
(7)The Washington Suburban Sanitary Commission;
(8)The Northeast Maryland Waste Disposal Authority;
(9)A community college or board of trustees for a community college established or operating under Title 16 of the Education Article, not including Baltimore City Community College;
(10)A county public library or board of trustees of a county public library established or operating under Title 23, Subtitle 4 of the Education Article;
(11)The Enoch Pratt Free Library or Board of Trustees of the Enoch Pratt Free Library;
(12)The Washington County Free Library or the Board of Trustees of the Washington County Free Library;
(13)A special taxing district;
(14)A nonprofit community service corporation incorporated under State law that is authorized to collect charges or assessments;
(15)Housing authorities created under Division II of the Housing and Community Development Article;
(16)A sanitary district, sanitary commission, metropolitan commission, or other sewer or water authority established or operating under public local law or public general law;
(17)A regional development council;
(18)The Howard County Economic Development Authority;
(19)The Howard County Mental Health Authority;
(20)A commercial district management authority established by a county or municipal corporation if provided under local law;
(21)The Baltimore City Police Department;
(22)A regional library resource center or a cooperative library corporation established under Title 23, Subtitle 2 of the Education Article;
(23)Lexington Market, Inc., in Baltimore City;
(24)The Baltimore Public Markets Corporation, in Baltimore City;
(25)A nonprofit corporation serving as the local public transportation authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County;
(26)The nonprofit corporation serving as the animal control and licensing authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (the Humane Society of Carroll County, Inc.);
(27)Garrett County Municipalities, Inc., in Garrett County;
(28)The nonprofit corporation serving as the local public transportation authority for Garrett County pursuant to a contract or memorandum of understanding with Garrett County (Garrett County Community Action Committee, Inc.); and
(29)The nonprofit corporation serving as the industrial development authority of Carroll County established under Title 12, Subtitle 1 of the Economic Development Article.
(1)“Regional development council” means a regional or municipal council established under Title 13 of the Economic Development Article.
(2)“Regional development council” includes:
(i)The Baltimore Metropolitan Council;
(ii)The Mid–Shore Regional Council;
(iii)The Upper Shore Regional Council;
(iv)The Tri–County Council for the Lower Eastern Shore of Maryland;
(v)The Tri–County Council for Southern Maryland; and
(vi)The Tri–County Council for Western Maryland.
§5–301. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 296 OF 2016 **
(a)In this subtitle the following words have the meanings indicated.
(b)“Actual malice” means ill will or improper motivation.
(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 charter county as defined in § 1–101 of the Local Government Article;
(2)A code county as defined in § 1–101 of the Local Government Article;
(3)A board of county commissioners;
(4)Baltimore City;
(5)A municipality as defined in § 1–101 of the Local Government Article;
(6)The Maryland–National Capital Park and Planning Commission;
(7)The Washington Suburban Sanitary Commission;
(8)The Northeast Maryland Waste Disposal Authority;
(9)A community college or board of trustees for a community college established or operating under Title 16 of the Education Article, not including Baltimore City Community College;
(10)A county public library or board of trustees of a county public library established or operating under Title 23, Subtitle 4 of the Education Article;
(11)The Enoch Pratt Free Library or Board of Trustees of the Enoch Pratt Free Library;
(12)The Washington County Free Library or the Board of Trustees of the Washington County Free Library;
(13)A special taxing district;
(14)A nonprofit community service corporation incorporated under State law that is authorized to collect charges or assessments;
(15)Housing authorities created under Division II of the Housing and Community Development Article;
(16)A sanitary district, sanitary commission, metropolitan commission, or other sewer or water authority established or operating under public local law or public general law;
(17)A regional development council;
(18)The Howard County Economic Development Authority;
(19)The Howard County Mental Health Authority;
(20)A commercial district management authority established by a county or municipal corporation if provided under local law;
(21)The Baltimore City Police Department;
(22)A regional library resource center or a cooperative library corporation established under Title 23, Subtitle 2 of the Education Article;
(23)Lexington Market, Inc., in Baltimore City;
(24)The Baltimore Public Markets Corporation, in Baltimore City;
(25)A nonprofit corporation serving as the local public transportation authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County;
(26)The nonprofit corporation serving as the animal control and licensing authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (the Humane Society of Carroll County, Inc.);
(27)Garrett County Municipalities, Inc., in Garrett County;
(28)The nonprofit corporation serving as the local public transportation authority for Garrett County pursuant to a contract or memorandum of understanding with Garrett County (Garrett County Community Action Committee, Inc.);
(29)The nonprofit corporation serving as the industrial development authority of Carroll County established under Title 12, Subtitle 1 of the Economic Development Article; and
(30)The Montgomery County Student Loan Refinancing Authority established under Title 18, Subtitle 31 of the Education Article.
(1)“Regional development council” means a regional or municipal council established under Title 13 of the Economic Development Article.
(2)“Regional development council” includes:
(i)The Baltimore Metropolitan Council;
(ii)The Mid–Shore Regional Council;
(iii)The Upper Shore Regional Council;
(iv)The Tri–County Council for the Lower Eastern Shore of Maryland;
(v)The Tri–County Council for Southern Maryland; and
(vi)The Tri–County Council for Western Maryland.