§ 12-402
198 words·~1 min read·
/md/state-government/12-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§12–402.
The General Assembly finds that:
(1)the State is a unique body because:
(i)the State is a sovereign political body that the people have established directly for the sole purpose of providing for their government; and
(ii)the revenue of the State derives principally from taxes on the people, rather than from commercial enterprise;
(2)State personnel who are acting within the scope of public duties and responsibilities are carrying out a governmental program under law and, thus, are discharging a part of the purpose and sovereignty of the State;
(3)decisions of courts throughout the United States have created new grounds for personal liability of a public officer or public employee who is discharging a public duty;
(4)those decisions have resulted in:
(i)increased difficulties in recruiting or retaining qualified individuals for public positions that involve the exercise of discretion or dealing with the general public; and
(ii)increased difficulties and expense in protecting these individuals through public liability insurance; and
(5)as a matter of State policy, it is essential to protect from liability State personnel who are acting within the scope of public duties and responsibilities and without malice or gross negligence.