MARVIN MANDEL, Governor

1711

matter of severability and rendered an opinion as to
whether the prospective effect of Chapter 784, which was
an integral part of the clause was also a nullity without
the possibility of carrying out the retroactive intent.

Furthermore, a literal interpretation of the clause
purporting to apply the three year statute of limitations
to cases prior to July 1, 1968 would lead to the absurd
conclusion that the General Assembly was so naive as to
enact a bill whose intended effect, extending the statute
of limitations prospectively to three years, would expire
the same instant it took effect on July 1, 1971.

In order to clarify the intent of Chapter 784 of the
Acts of 1971 and to permit only those persons whose
causes of action arose after July 1, 1969 who have relied
on Chapter 784 in filing their actions, and also to
permit only those persons who may yet wish to file within
three years after death to maintain their action, this
curative Act is enacted as a legislative construction of
Chapter 784, now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 2 of Chapter 784, Acts of the
General Assembly of 1971 be and it is hereby repealed and
reenacted, with amendments, to read as follows:

Chapter 784

2.

The provisions of this Act shall be applied
prospectively and retrospectively to have effect upon or
application to any cause of action arising [prior]
SUBSEQUENT to July 1, 1968.

SECTION 2. AND BE IT FURTHER ENACTED, That any
person whose cause of action arose subsequent to July 1,
1969, and who filed a wrongful death action within the
terms of Chapter 784 of 1971, as clarified by this Act,
and whose cause of action was barred by a court decision
holding that Section 2 of Chapter 784 was not effective
to extend the statute of limitations to three years,
shall have until January 1, 1977 to reinstitute the cause
of action under the provisions of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.