| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0018* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 18 | |
| 11 | 8 | D3, L6 2lr0498 | |
| 12 | 9 | SB 955/21 – JPR (PRE–FILED) CF HB 199 | |
| 13 | 10 | By: Senator Eckardt | |
| 14 | 11 | Requested: September 17, 2021 | |
| 15 | 12 | Introduced and read first time: January 12, 2022 | |
| 16 | 13 | Assigned to: Judicial Proceedings | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: February 17, 2022 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Local Government Tort Claims Act – Cambridge Waterfront Development, Inc. 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of altering the definition of “local government” under the Local 3 | |
| 28 | 22 | Government Tort Claims Act to include the Cambridge Waterfront Development, 4 | |
| 29 | 23 | Inc., in Dorchester County; providing that a requirement to provide notice of a claim 5 | |
| 30 | 24 | does not apply to unliquidated damages actions against the Cambridge Waterfront 6 | |
| 31 | 25 | Development, Inc., or its employees; and generally relating to the Local Government 7 | |
| 32 | 26 | Tort Claims Act. 8 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, without amendments, 9 | |
| 35 | 29 | Article – Courts and Judicial Proceedings 10 | |
| 36 | 30 | Section 5–301(a) 11 | |
| 37 | 31 | Annotated Code of Maryland 12 | |
| 38 | 32 | (2020 Replacement Volume and 2021 Supplement) 13 | |
| 39 | 33 | ||
| 40 | 34 | BY repealing and reenacting, with amendments, 14 | |
| 41 | 35 | Article – Courts and Judicial Proceedings 15 | |
| 42 | 36 | Section 5–301(d)(28) and (29) and 5–304 16 | |
| 43 | 37 | Annotated Code of Maryland 17 | |
| 44 | 38 | (2020 Replacement Volume and 2021 Supplement) 18 | |
| 45 | 39 | ||
| 46 | 40 | BY adding to 19 | |
| 47 | 41 | Article – Courts and Judicial Proceedings 20 | |
| 48 | - | Section 5–301(d)(30) 21 2 SENATE BILL 18 | |
| 42 | + | Section 5–301(d)(30) 21 | |
| 43 | + | Annotated Code of Maryland 22 | |
| 44 | + | (2020 Replacement Volume and 2021 Supplement) 23 | |
| 45 | + | ||
| 46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 | |
| 47 | + | That the Laws of Maryland read as follows: 25 | |
| 48 | + | 2 SENATE BILL 18 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Annotated Code of Maryland 1 | |
| 52 | - | (2020 Replacement Volume and 2021 Supplement) 2 | |
| 51 | + | Article – Courts and Judicial Proceedings 1 | |
| 53 | 52 | ||
| 54 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 | |
| 55 | - | That the Laws of Maryland read as follows: 4 | |
| 53 | + | 5–301. 2 | |
| 56 | 54 | ||
| 57 | - | ||
| 55 | + | (a) In this subtitle the following words have the meanings indicated. 3 | |
| 58 | 56 | ||
| 59 | - | ||
| 57 | + | (d) “Local government” means: 4 | |
| 60 | 58 | ||
| 61 | - | (a) In this subtitle the following words have the meanings indicated. 7 | |
| 59 | + | (28) The nonprofit corporation serving as the local public transportation 5 | |
| 60 | + | authority for Garrett County pursuant to a contract or memorandum of understanding with 6 | |
| 61 | + | Garrett County (Garrett County Community Action Committee, Inc.); [and] 7 | |
| 62 | 62 | ||
| 63 | - | (d) “Local government” means: 8 | |
| 63 | + | (29) The nonprofit corporation serving as the industrial development 8 | |
| 64 | + | authority of Carroll County established under Title 12, Subtitle 1 of the Economic 9 | |
| 65 | + | Development Article; AND 10 | |
| 64 | 66 | ||
| 65 | - | (28) The nonprofit corporation serving as the local public transportation 9 | |
| 66 | - | authority for Garrett County pursuant to a contract or memorandum of understanding with 10 | |
| 67 | - | Garrett County (Garrett County Community Action Committee, Inc.); [and] 11 | |
| 67 | + | (30) THE NONPROFIT CORPORA TION SERVING AS THE ECONOMIC 11 | |
| 68 | + | DEVELOPMENT AUTHORIT Y OF THE CITY OF CAMBRIDGE AND DORCHESTER 12 | |
| 69 | + | COUNTY PURSUANT TO A CONTRACT OR MEMORAND UM OF UNDERSTANDING WITH 13 | |
| 70 | + | THE CITY OF CAMBRIDGE AND DORCHESTER COUNTY (CAMBRIDGE WATERFRONT 14 | |
| 71 | + | DEVELOPMENT , INC.). 15 | |
| 68 | 72 | ||
| 69 | - | (29) The nonprofit corporation serving as the industrial development 12 | |
| 70 | - | authority of Carroll County established under Title 12, Subtitle 1 of the Economic 13 | |
| 71 | - | Development Article; AND 14 | |
| 73 | + | 5–304. 16 | |
| 72 | 74 | ||
| 73 | - | (30) THE NONPROFIT CORPORA TION SERVING AS THE ECONOMIC 15 | |
| 74 | - | DEVELOPMENT AUTHORIT Y OF THE CITY OF CAMBRIDGE AND DORCHESTER 16 | |
| 75 | - | COUNTY PURSUANT TO A CONTRA CT OR MEMORANDUM OF UNDERSTANDING WITH 17 | |
| 76 | - | THE CITY OF CAMBRIDGE AND DORCHESTER COUNTY (CAMBRIDGE WATERFRONT 18 | |
| 77 | - | DEVELOPMENT , INC.). 19 | |
| 75 | + | (a) This section does not apply to an action: 17 | |
| 78 | 76 | ||
| 79 | - | 5–304. 20 | |
| 77 | + | (1) Against a nonprofit corporation described in § 5–301(d)(23), (24), (25), 18 | |
| 78 | + | (26), (28), [or] (29), OR (30) of this subtitle or its employees; or 19 | |
| 80 | 79 | ||
| 81 | - | ( | |
| 80 | + | (2) Brought under § 5–117 of this title. 20 | |
| 82 | 81 | ||
| 83 | - | (1) Against a nonprofit corporation described in § 5–301(d)(23), (24), (25), 22 | |
| 84 | - | (26), (28), [or] (29), OR (30) of this subtitle or its employees; or 23 | |
| 82 | + | (b) (1) Except as provided in subsections (a) and (d) of this section, an action 21 | |
| 83 | + | for unliquidated damages may not be brought against a local government or its employees 22 | |
| 84 | + | unless the notice of the claim required by this section is given within 1 year after the injury. 23 | |
| 85 | 85 | ||
| 86 | - | (2) Brought under § 5–117 of this title. 24 | |
| 86 | + | (2) The notice shall be in writing and shall state the time, place, and cause 24 | |
| 87 | + | of the injury. 25 | |
| 87 | 88 | ||
| 88 | - | ( | |
| 89 | - | ||
| 90 | - | ||
| 89 | + | (c) (1) The notice required under this section shall be given in person or by 26 | |
| 90 | + | certified mail, return receipt requested, bearing a postmark from the United States Postal 27 | |
| 91 | + | Service, by the claimant or the representative of the claimant. 28 | |
| 91 | 92 | ||
| 92 | - | (2) The notice shall be in writing and shall state the time, place, and cause 28 | |
| 93 | - | of the injury. 29 | |
| 94 | - | ||
| 95 | - | (c) (1) The notice required under this section shall be given in person or by 30 | |
| 96 | - | certified mail, return receipt requested, bearing a postmark from the United States Postal 31 SENATE BILL 18 3 | |
| 93 | + | (2) Except as otherwise provided, if the defendant local government is a 29 | |
| 94 | + | county, the notice required under this section shall be given to the county commissioners 30 | |
| 95 | + | or county council of the defendant local government. 31 | |
| 96 | + | SENATE BILL 18 3 | |
| 97 | 97 | ||
| 98 | 98 | ||
| 99 | - | ||
| 99 | + | (3) If the defendant local government is: 1 | |
| 100 | 100 | ||
| 101 | - | (2) Except as otherwise provided, if the defendant local government is a 2 | |
| 102 | - | county, the notice required under this section shall be given to the county commissioners 3 | |
| 103 | - | or county council of the defendant local government. 4 | |
| 101 | + | (i) Baltimore City, the notice shall be given to the City Solicitor; 2 | |
| 104 | 102 | ||
| 105 | - | (3) If the defendant local government is: 5 | |
| 103 | + | (ii) Howard County or Montgomery County, the notice shall be given 3 | |
| 104 | + | to the County Executive; and 4 | |
| 106 | 105 | ||
| 107 | - | (i) Baltimore City, the notice shall be given to the City Solicitor; 6 | |
| 106 | + | (iii) Anne Arundel County, Baltimore County, Frederick County, 5 | |
| 107 | + | Harford County, or Prince George’s County, the notice shall be given to the county solicitor 6 | |
| 108 | + | or county attorney. 7 | |
| 108 | 109 | ||
| 109 | - | ( | |
| 110 | - | ||
| 110 | + | (4) For any other local government, the notice shall be given to the 8 | |
| 111 | + | corporate authorities of the defendant local government. 9 | |
| 111 | 112 | ||
| 112 | - | (iii) Anne Arundel County, Baltimore County, Frederick County, 9 | |
| 113 | - | Harford County, or Prince George’s County, the notice shall be given to the county solicitor 10 | |
| 114 | - | or county attorney. 11 | |
| 113 | + | (d) Notwithstanding the other provisions of this section, unless the defendant can 10 | |
| 114 | + | affirmatively show that its defense has been prejudiced by lack of required notice, upon 11 | |
| 115 | + | motion and for good cause shown the court may entertain the suit even though the required 12 | |
| 116 | + | notice was not given. 13 | |
| 115 | 117 | ||
| 116 | - | ( | |
| 117 | - | ||
| 118 | + | (e) This section does not apply if, within 1 year after the injury, the defendant 14 | |
| 119 | + | local government has actual or constructive notice of: 15 | |
| 118 | 120 | ||
| 119 | - | (d) Notwithstanding the other provisions of this section, unless the defendant can 14 | |
| 120 | - | affirmatively show that its defense has been prejudiced by lack of required notice, upon 15 | |
| 121 | - | motion and for good cause shown the court may entertain the suit even though the required 16 | |
| 122 | - | notice was not given. 17 | |
| 121 | + | (1) The claimant’s injury; or 16 | |
| 123 | 122 | ||
| 124 | - | (e) This section does not apply if, within 1 year after the injury, the defendant 18 | |
| 125 | - | local government has actual or constructive notice of: 19 | |
| 123 | + | (2) The defect or circumstances giving rise to the claimant’s injury. 17 | |
| 126 | 124 | ||
| 127 | - | (1) The claimant’s injury; or 20 | |
| 125 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 18 | |
| 126 | + | apply only prospectively and may not be applied or interpreted to have any effect on or 19 | |
| 127 | + | application to any cause of action arising before the effective date of this Act. 20 | |
| 128 | 128 | ||
| 129 | - | (2) The defect or circumstances giving rise to the claimant’s injury. 21 | |
| 130 | - | ||
| 131 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 22 | |
| 132 | - | apply only prospectively and may not be applied or interpreted to have any effect on or 23 | |
| 133 | - | application to any cause of action arising before the effective date of this Act. 24 | |
| 134 | - | ||
| 135 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25 | |
| 136 | - | 1, 2022. 26 | |
| 129 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21 | |
| 130 | + | 1, 2022. 22 | |
| 137 | 131 |