1434                                        LAWS OF MARYLAND                                    Ch. 284

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 32A, §
12G.

In subsection (a) of this section, the reference to a
"person who brings", an action or proceeding is
substituted for the former references to a "moving
party", which may be, e.g., the State.

In subsection (b) of this section, the phrase "in
defending against the ... proceeding" is added to
clarify the reimbursable expenses.

Defined term: "Person" § 1-101

12-310. REIMBURSEMENT BY STATE.

(A)  SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY TO THE EXTENT THAT A STATE
OFFICER OR STATE EMPLOYEE IS REIMBURSED UNDER § 12-309 OF THIS
SUBTITLE.

(B)  LIABILITY OF STATE.

THE STATE IS LIABLE TO A STATE OFFICER OR STATE EMPLOYEE FOR
REIMBURSEMENT OF COURT COSTS, COUNSEL FEES, AND OTHER -REASONABLE
EXPENSES THAT THE OFFICER OR EMPLOYEE INCURS IN DEFENDING AN
ACTION OR PROCEEDING IF:

(1)  THE ATTORNEY GENERAL DECLINED REPRESENTATION
UNDER § 12-304(B)(1) OF THIS SUBTITLE; AND

(2)  IT IS DETERMINED JUDICIALLY THAT:

(I)  THE DEFENSE OF SOVEREIGN IMMUNITY IS
AVAILABLE TO THE OFFICER OR EMPLOYEE; OR

(II)  INJURIES AROSE FROM AN ACT OR OMISSION OF
THE OFFICER OR EMPLOYEE AND, WHEN THE ACT OR THE OMISSION WAS
MADE, THE OFFICER OR EMPLOYEE WAS ACTING WITHIN THE SCOPE OF
EMPLOYMENT AND THE ACT OR OMISSION WAS NOT MALICIOUS AND WAS NOT
GROSSLY NEGLIGENT.

(C)  PAYMENT BY UNIT.

WITH THE APPROVAL OF THE ATTORNEY GENERAL, THE UNIT BY WHICH
THE OFFICER OR EMPLOYEE WAS EMPLOYED WHEN THE ACT OR OMISSION WAS
MADE SHALL PAY THE REIMBURSEMENT UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first through
third sentences of former Art. 32A, § 12C.