HARRY HUGHES, Governor

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GENERAL REVISOR'S NOTE:

Former Art. 78A, § 66(f), which excluded from this title a
permit for a development project that was issued or applied for
before July 1, 1975, now appears in the Session Laws.

TITLE 12. IMMUNITY AND LIABILITY.

SUBTITLE 1. MARYLAND TORT CLAIMS ACT.

12-101. "STATE PERSONNEL" DEFINED.

IN THIS SUBTITLE, UNLESS THE CONTEXT CLEARLY REQUIRES
OTHERWISE, "STATE PERSONNEL" MEANS:

(1)  A CLASSIFIED, UNCLASSIFIED, OR CONTRACTUAL
EMPLOYEE OF THE STATE WHOSE COMPENSATION IS PAID WHOLLY OR PARTLY
FROM STATE FUNDS;

(2)  A KEY EMPLOYEE OF THE MARYLAND PORT
ADMINISTRATION, AS DESCRIBED IN § 6-204(N) OF THE TRANSPORTATION
ARTICLE;

(3)  A PERSON WHO, AS A VOLUNTEER, IS PROVIDING A
SERVICE TO OR FOR THE STATE; OR

(4)  AN INDIVIDUAL WHO, WITH OR WITHOUT COMPENSATION,
EXERCISES A PART OF THE SOVEREIGNTY OF THE STATE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ § 5-401(a)
and (d).

The term "State personnel" is substituted, as the
defined term, for the former term "State employee",
since the definition encompasses individuals who
usually are characterized as State officers. However,
the substitution of a single defined term preserves
the intent of former CJ § 5-401(d) that the enumerated
persons -- whether usually classified as State
officers or State employees -- be treated identically
under this subtitle.

In item (2) of this section, the language "of the
Maryland Port Administration, as described in §
6-204(n) of the Transportation Article" is added to
modify "key employee", for clarity. This addition is
based on the similar reference to a "key employee" in
§ 12-401(4) of this title.

Former CJ § 5-401(b) and (e), which defined "[m]otor
vehicle" and "State property", now appears in §
12-104(a)(4) and (5) of this subtitle.