EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0199*
HOUSE BILL 199
D3, L6 2lr1033
(PRE–FILED) CF SB 18
By: Dorchester County Delegation
Requested: October 29, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Local Government Tort Claims Act – Cambridge Waterfront Development, Inc. 2
FOR the purpose of altering the definition of “local government” under the Local 3
Government Tort Claims Act to include the Cambridge Waterfront Development, 4
Inc., in Dorchester County; providing that a requirement to provide notice of a claim 5
does not apply to unliquidated damages actions against the Cambridge Waterfront 6
Development, Inc., or its employees; and generally relating to the Local Government 7
Tort Claims Act. 8
BY repealing and reenacting, without amendments, 9
Article – Courts and Judicial Proceedings 10
Section 5–301(a) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Courts and Judicial Proceedings 15
Section 5–301(d)(28) and (29) and 5–304 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2021 Supplement) 18
BY adding to 19
Article – Courts and Judicial Proceedings 20
Section 5–301(d)(30) 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2021 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
2 HOUSE BILL 199
Article – Courts and Judicial Proceedings 1
5–301. 2
(a) In this subtitle the following words have the meanings indicated. 3
(d) “Local government” means: 4
(28) The nonprofit corporation serving as the local public transportation 5
authority for Garrett County pursuant to a contract or memorandum of understanding with 6
Garrett County (Garrett County Community Action Committee, Inc.); [and] 7
(29) The nonprofit corporation serving as the industrial development 8
authority of Carroll County established under Title 12, Subtitle 1 of the Economic 9
Development Article; AND 10
(30) THE NONPROFIT CORPORA TION SERVING AS THE ECONOMIC 11
DEVELOPMENT AUTHORIT Y OF THE CITY OF CAMBRIDGE AND DORCHESTER 12
COUNTY PURSUANT TO A CONTRACT OR MEMORAND UM OF UNDERSTANDING WITH 13
THE CITY OF CAMBRIDGE AND DORCHESTER COUNTY (CAMBRIDGE WATERFRONT 14
DEVELOPMENT , INC.). 15
5–304. 16
(a) This section does not apply to an action: 17
(1) Against a nonprofit corporation described in § 5–301(d)(23), (24), (25), 18
(26), (28), [or] (29), OR (30) of this subtitle or its employees; or 19
(2) Brought under § 5–117 of this title. 20
(b) (1) Except as provided in subsections (a) and (d) of this section, an action 21
for unliquidated damages may not be brought against a local government or its employees 22
unless the notice of the claim required by this section is given within 1 year after the injury. 23
(2) The notice shall be in writing and shall state the time, place, and cause 24
of the injury. 25
(c) (1) The notice required under this section shall be given in person or by 26
certified mail, return receipt requested, bearing a postmark from the United States Postal 27
Service, by the claimant or the representative of the claimant. 28
(2) Except as otherwise provided, if the defendant local government is a 29
county, the notice required under this section shall be given to the county commissioners 30
or county council of the defendant local government. 31
HOUSE BILL 199 3
(3) If the defendant local government is: 1
(i) Baltimore City, the notice shall be given to the City Solicitor; 2
(ii) Howard County or Montgomery County, the notice shall be given 3
to the County Executive; and 4
(iii) Anne Arundel County, Baltimore County, Frederick County, 5
Harford County, or Prince George’s County, the notice shall be given to the county solicitor 6
or county attorney. 7
(4) For any other local government, the notice shall be given to the 8
corporate authorities of the defendant local government. 9
(d) Notwithstanding the other provisions of this section, unless the defendant can 10
affirmatively show that its defense has been prejudiced by lack of required notice, upon 11
motion and for good cause shown the court may entertain the suit even though the required 12
notice was not given. 13
(e) This section does not apply if, within 1 year after the injury, the defendant 14
local government has actual or constructive notice of: 15
(1) The claimant’s injury; or 16
(2) The defect or circumstances giving rise to the claimant’s injury. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 18
apply only prospectively and may not be applied or interpreted to have any effect on or 19
application to any cause of action arising before the effective date of this Act. 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2022. 22