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2002 FINAL STATELEGISLATIVE PROGRAM CONTROVERSIAL ISSUE ISSUE: IMMUNITY FOR SPECIAL INTEREST GROUPS SUMMARY: Over the years the General Assembly and the Courts have provided immunities from civil liability for torts to a wide variety of specific interest groups. During the interim between the 1988 and 1989 sessions of the Maryland General Assembly, the staff of the House Judiciary Committee undertook a study of those entities that had statutory immunity under Maryland law. After thoroughly reviewing the Code of Maryland and researching numerous court cases, the Judiciary Committee staff concluded that no fewer than 75 special interest groups enjoyed some form of immunity from civil liability. After reviewing the analysis, the Judiciary Committee concluded that the time had come to curb the process of picking apart the tort system piece by piece through statutory immunities. In order to establish a clearer sense of which groups did or did not deserve immunity, it was agreed to combine the various immunities into one area of the Maryland Code. As a consequence, legislation was approved in the 1990 session consolidating the provisions of existing law concerning immunity from liability, limitations on liability, and prohibited actions. In the 1993 legislative session there were no successful attempts to expand special interest group immunities although a bill to clarify the liability of community service providers did pass. In 1994 proposals passed to limit liability of certain non-profit organizations to the amount of insurance available to these groups. No immunity bills passed in 1995 or 1996, although an effort to increase limits on the liability of law enforcement officers came close to enactment. In 1997, the General Assembly provided immunity for legislators in Maryland and other states for acts or omissions within the scope of their public duties in communications on behalf of constituents under specific circumstances. Three other groups--owners of sports shooting ranges, volunteer engineers at the scenes of emergencies or disasters, and emergency medical service providers--also were given limited immunities. On all of these bills, the MSBA was instrumental in narrowing the scope and refining the language of the new statutes. In 1998, the limited immunity given to engineers at scenes of emergencies or disasters was extended to architects, and limited immunity was given to landowners who allow their property to be used for historical reenactments. No additional immunities for non-governmental entities were enacted in 1999, but a limited immunity bill for governments affected by problems related to Year 2000 information technology failure was enacted. In 2000, two immunity bills passed. The first expanded the duty of care and liability applicable to public and private land used for recreational or educational purposes, while the second made fiduciary institutions and their officers and employees immune for actions in restricted situations involving disclosure of customer financial records. In 2001, a bill to provide limited immunity to child safety seat installers passed as did legislation providing for partial protection for those who comply with statutory requirements when notifying authorities of excavation or demolition projects near underground facilities. MSBA 2002 POSITION: Monitor legislation that provides for immunities from civil liability for any additional special interest groups, bearing in mind that the MSBA opposes decreases in access to civil justice. SAMPLE LEGISLATION:
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