Maryland 2022 Regular Session

Maryland House Bill HB199 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0199
6	6
7	7	HOUSE BILL 199
8	8	D3, L6 2lr1033
9	9	(PRE–FILED) CF SB 18
10	10	By: Dorchester County Delegation
11	11	Requested: October 29, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Local Government Tort Claims Act – Cambridge Waterfront Development, Inc. 2
20	20
21	21	FOR the purpose of altering the definition of “local government” under the Local 3
22	22	Government Tort Claims Act to include the Cambridge Waterfront Development, 4
23	23	Inc., in Dorchester County; providing that a requirement to provide notice of a claim 5
24	24	does not apply to unliquidated damages actions against the Cambridge Waterfront 6
25	25	Development, Inc., or its employees; and generally relating to the Local Government 7
26	26	Tort Claims Act. 8
27	27
28	28	BY repealing and reenacting, without amendments, 9
29	29	Article – Courts and Judicial Proceedings 10
30	30	Section 5–301(a) 11
31	31	Annotated Code of Maryland 12
32	32	(2020 Replacement Volume and 2021 Supplement) 13
33	33
34	34	BY repealing and reenacting, with amendments, 14
35	35	Article – Courts and Judicial Proceedings 15
36	36	Section 5–301(d)(28) and (29) and 5–304 16
37	37	Annotated Code of Maryland 17
38	38	(2020 Replacement Volume and 2021 Supplement) 18
39	39
40	40	BY adding to 19
41	41	Article – Courts and Judicial Proceedings 20
42	42	Section 5–301(d)(30) 21
43	43	Annotated Code of Maryland 22
44	44	(2020 Replacement Volume and 2021 Supplement) 23
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
47	47	That the Laws of Maryland read as follows: 25
48	48	2 HOUSE BILL 199
49	49
50	50
51	51	Article – Courts and Judicial Proceedings 1
52	52
53	53	5–301. 2
54	54
55	55	(a) In this subtitle the following words have the meanings indicated. 3
56	56
57	57	(d) “Local government” means: 4
58	58
59	59	(28) The nonprofit corporation serving as the local public transportation 5
60	60	authority for Garrett County pursuant to a contract or memorandum of understanding with 6
61	61	Garrett County (Garrett County Community Action Committee, Inc.); [and] 7
62	62
63	63	(29) The nonprofit corporation serving as the industrial development 8
64	64	authority of Carroll County established under Title 12, Subtitle 1 of the Economic 9
65	65	Development Article; AND 10
66	66
67	67	(30) THE NONPROFIT CORPORA TION SERVING AS THE ECONOMIC 11
68	68	DEVELOPMENT AUTHORIT Y OF THE CITY OF CAMBRIDGE AND DORCHESTER 12
69	69	COUNTY PURSUANT TO A CONTRACT OR MEMORAND UM OF UNDERSTANDING WITH 13
70	70	THE CITY OF CAMBRIDGE AND DORCHESTER COUNTY (CAMBRIDGE WATERFRONT 14
71	71	DEVELOPMENT , INC.). 15
72	72
73	73	5–304. 16
74	74
75	75	(a) This section does not apply to an action: 17
76	76
77	77	(1) Against a nonprofit corporation described in § 5–301(d)(23), (24), (25), 18
78	78	(26), (28), [or] (29), OR (30) of this subtitle or its employees; or 19
79	79
80	80	(2) Brought under § 5–117 of this title. 20
81	81
82	82	(b) (1) Except as provided in subsections (a) and (d) of this section, an action 21
83	83	for unliquidated damages may not be brought against a local government or its employees 22
84	84	unless the notice of the claim required by this section is given within 1 year after the injury. 23
85	85
86	86	(2) The notice shall be in writing and shall state the time, place, and cause 24
87	87	of the injury. 25
88	88
89	89	(c) (1) The notice required under this section shall be given in person or by 26
90	90	certified mail, return receipt requested, bearing a postmark from the United States Postal 27
91	91	Service, by the claimant or the representative of the claimant. 28
92	92
93	93	(2) Except as otherwise provided, if the defendant local government is a 29
94	94	county, the notice required under this section shall be given to the county commissioners 30
95	95	or county council of the defendant local government. 31
96	96	HOUSE BILL 199 3
97	97
98	98
99	99	(3) If the defendant local government is: 1
100	100
101	101	(i) Baltimore City, the notice shall be given to the City Solicitor; 2
102	102
103	103	(ii) Howard County or Montgomery County, the notice shall be given 3
104	104	to the County Executive; and 4
105	105
106	106	(iii) Anne Arundel County, Baltimore County, Frederick County, 5
107	107	Harford County, or Prince George’s County, the notice shall be given to the county solicitor 6
108	108	or county attorney. 7
109	109
110	110	(4) For any other local government, the notice shall be given to the 8
111	111	corporate authorities of the defendant local government. 9
112	112
113	113	(d) Notwithstanding the other provisions of this section, unless the defendant can 10
114	114	affirmatively show that its defense has been prejudiced by lack of required notice, upon 11
115	115	motion and for good cause shown the court may entertain the suit even though the required 12
116	116	notice was not given. 13
117	117
118	118	(e) This section does not apply if, within 1 year after the injury, the defendant 14
119	119	local government has actual or constructive notice of: 15
120	120
121	121	(1) The claimant’s injury; or 16
122	122
123	123	(2) The defect or circumstances giving rise to the claimant’s injury. 17
124	124
125	125	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 18
126	126	apply only prospectively and may not be applied or interpreted to have any effect on or 19
127	127	application to any cause of action arising before the effective date of this Act. 20
128	128
129	129	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
130	130	1, 2022. 22
131	131
132	132