Maryland § 12-402

§ 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.