HARRY HUGHES, Governor

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that defined "State" to include its units. Similarly,
in item (3) of this section, the words "apply to" are
added to incorporate those provisions of former CJ §
5-401(c) that defined "State" to exclude bicounty
units and subdivisions. These additions, thus,
incorporate, into substantive law, the provisions of
the former definition that had substantive effect and
also obviate the need for a definition of "State".
See revisor's note to § 12-101 of this subtitle.

Also in items (1) and (2) of this section, the former
word "intended" is deleted since the provisions that
are revised in items (1) and (2) of this section
seemed to be more than mere statements of intent.

Also in item (2) of this section, the former phrase
"but not limited to" is deleted as unnecessary in
light of the use of the defined term "including".

In item (3) of this section, the references to a
"political subdivision" and the units, officials, and
employees of "those ... subdivisions" are substituted
for the reference, in former CJ § 5-402(d), to "other
local governmental entity", for clarity. This
substitution is based on former CJ § 5-401(c), which
defined "State" expressly to exclude "any county ...
or other political subdivision of the State".

Defined terms: "County" § 1-101

"Includes";"including" § 1-101 "State" § 1-101

12-104. WAIVER OF IMMUNITY.

(A) IN GENERAL.

SUBJECT TO THE EXCLUSIONS AND LIMITATIONS IN THIS SUBTITLE,
THE IMMUNITY OF THE STATE, OF ITS UNITS, AND OF STATE PERSONNEL
WHO ARE ACTING IN OFFICIAL CAPACITIES IS WAIVED AS TO A TORT
ACTION, IN A COURT OF THE STATE, TO RECOVER DAMAGES THAT ARE
CAUSED BY:

(1)  THE NEGLIGENCE OF A HEALTH CARE EMPLOYEE OF A
STATE INSTITUTION OR STATE FACILITY;

(2)  THE NEGLIGENCE OF A PHYSICIAN, NURSE, DENTIST, OR
RELATED HEALTH CARE STAFF MEMBER WHOM THE STATE OR ANY OF ITS
UNITS EMPLOYS;

(3)  THE PATENTLY DANGEROUS CONDITION OF A BUILDING,
STRUCTURE, OR OTHER PUBLIC IMPROVEMENT THAT THE STATE OR ANY OF
ITS UNITS OWNS AND CONTROLS;

(4)  THE NEGLIGENT MAINTENANCE OR OPERATION, BY STATE
PERSONNEL, OF ANY SELF-PROPELLED VEHICLE, INCLUDING A VEHICLE
THAT OPERATES ON RAIL, THROUGH WATER, OR IN AIR, OR OF AN
ATTACHMENT TO THE VEHICLE;