(a) This section is not a waiver of immunity under the Eleventh Amendment of the Constitution of the United States.
(b) (1) Except as provided in paragraph (2) of this subsection, the State shall pay any judgment awarded against Montgomery County or an employee of Montgomery County that arises out of an action commenced or prosecuted in a court of the United States relating to the administration and implementation of State programs described in this subtitle.
(2) The State may not pay a judgment awarded against an employee of Montgomery County under this section for an act or omission committed:
(i) outside the scope of employment; or
(ii) with malice.