§ 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.