1418

LAWS OF MARYLAND

Ch. 284

The provisions of former CJ § 5-401(c) that related to
units of the State government are retained, in this
revision, by the addition of a specific reference to
these units in the applicable sections of this
subtitle. The provisions of former CJ § 5-401(c) that
related to political subdivisions now appear in §
12-103 of this subtitle. These revisions make a
definition of the word "State" unnecessary and, thus,
avoid possible confusion with the definition of
"state" in § 1-101 of this article.

Defined term: "Person" § 1-101

12-102. CONSTRUCTION OF SUBTITLE.

THIS SUBTITLE SHALL BE CONSTRUED BROADLY, TO ENSURE THAT
INJURED PARTIES HAVE A REMEDY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ § 5-402(a).

The former reference to "the intent of the General
Assembly" is deleted since former CJ § 5-402(a) seemed
to be more than a mere statement of intent.

12-103. SCOPE OF SUBTITLE.

THIS SUBTITLE DOES NOT:

(1)  LIMIT ANY OTHER LAW THAT:

(I)  WAIVES THE SOVEREIGN IMMUNITY OF THE STATE
OR THE UNITS OF THE STATE GOVERNMENT IN TORT; OR

(II)  AUTHORIZES THE STATE OR ITS UNITS TO HAVE
INSURANCE FOR TORTIOUS CONDUCT;

(2)  WAIVE ANY RIGHT OR DEFENSE OF THE STATE OR ITS
UNITS, OFFICIALS, OR EMPLOYEES IN AN ACTION IN A COURT OF THE
UNITED STATES OR ANY OTHER STATE, INCLUDING ANY DEFENSE THAT IS
AVAILABLE UNDER THE 11TH AMENDMENT TO THE UNITED STATES
CONSTITUTION; OR

(3)  APPLY TO OR WAIVE ANY IMMUNITY OF A BICOUNTY
UNIT, COUNTY, MUNICIPAL CORPORATION, OR OTHER POLITICAL
SUBDIVISION OR ANY UNIT, OFFICIAL, OR EMPLOYEE OF ANY OF THOSE
AGENCIES OR SUBDIVISIONS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ §§ 5-401(c)
and 5-402(b) through (d).

In items (1) and (2) of this section, the references
to "units" of the State government are added to
incorporate the provisions of former CJ § 5-401(c)