WILLIAM DONALD SCHAEFER, Governor

Ch. 114

ON OR AFTER OCTOBER 1, 1994, UPON THE EXECUTION OF A LEASE OR THE
INCEPTION OF A TENANCY FOR AN AFFECTED PROPERTY THE OWNER OF THE
AFFECTED PROPERTY SHALL GIVE THE TENANT, AND THE TENANT SHALL
ACKNOWLEDGE RECEIPT OF, A LEAD POISONING INFORMATION PACKET PREPARED
BY THE DEPARTMENT.

6-825.- RESERVED.

PART IV. QUALIFIED OFFER

6-826.

(A)     IN THIS PART IV THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     "ACTION" INCLUDES A COMPLAINT, COUNTERCLAIM, CROSS CLAIM, OR
THIRD PARTY COMPLAINT.

(C) "CO-OFFER" MEANS A QUALIFIED OFFER WHICH IS MADE BY OR ON
BEHALF OF MORE THAN ONE PERSON AS PROVIDED UNDER THIS PART IV.

(D) "OFFEROR" MEANS A PERSON INCLUDING AN INSURER OR OTHER AGENT
WHO MAKES A QUALIFIED OFFER UNDER THIS PART IV.

6-827.

THIS PART APPLIES TO ALL POTENTIAL BASES OF LIABILITY FOR ALLEGED
INJURY OR LOSS TO A CHILD CAUSED BY THE CHILD'S INGESTION OF LEAD IN AN
AFFECTED PROPERTY.

6-828.

A PERSON MAY NOT BRING AN ACTION AGAINST AN OWNER OF AN AFFECTED
PROPERTY FOR DAMAGES ARISING FROM ALLEGED INJURY OR LOSS TO A CHILD
CAUSED BY THE CHILD'S INGESTION OF LEAD UNLESS THE OWNER HAS BEEN
GIVEN:

(1) NOTICE FROM ANY PERSON THAT THE ELEVATED BLOOD LEVEL OF
A CHILD IS GREATER THAN OR EQUAL TO 25 UG/DL OR, ON OR AFTER OCTOBER 1,
1999, AN EBL GREATER THAN OR EQUAL TO 20 UG/DL; AND

(2) AN OPPORTUNITY TO MAKE A QUALIFIED OFFER UNDER § 6-831 OF
THIS SUBTITLE.

6-829.

A PERSON WHO RECEIVES NOTICE UNDER § 6-828(1) OF THIS SUBTITLE IS
ENTITLED TO THE RESULTS OF ANY PRIOR BLOOD LEAD TESTS OF THE CHILD FOR
THE PURPOSE OF DETERMINING WHETHER TO MAKE A QUALIFIED OFFER UNDER
THIS SUBTITLE AND WHETHER THE QUALIFIED OFFER SHOULD BE DESIGNATED AS
A CO-OFFER.

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6-824.