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Session Laws, 1997
Volume 795, Page 4955   View pdf image
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PARRIS N. GLENDENING, Governor                          H.B. 1231

SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall be construed
only prospectively and may not be applied or interpreted to have any effect on or
application to any event or conditions occurring before the effective date of this Act
FEBRUARY 24, 1996. except for:

(1)     The case of a person at risk with an elevated blood lead of 25 micrograms per
deciliter or more first documented by a test performed on or after [October 1, 1994]
FEBRUARY 24, 1996, or with an elevated blood lead of 20 micrograms per deciliter or
more first documented by a test performed on or after [October 1, 1999] FEBRUARY 24,
2001, if the elevated blood lead was caused by the ingestion of lead [prior to October,
1994] BEFORE FEBRUARY 24, 1996; [or]

(2)     The acceptance of a qualified offer under § 6-835 of the Environment Article,
as enacted by this Act, if the alleged injury or loss caused by the ingestion of lead by the
person at risk in the affected property occurred before [October 1, 1994] FEBRUARY 24,
1996; OR

(3)     THE OBLIGATION OF AN OWNER OF AN AFFECTED PROPERTY TO
REGISTER AND PAY AN ANNUAL FEE FOR THE AFFECTED PROPERTY BY DECEMBER
31, 1995 AND THE OBLIGATION OF AN OWNER OF A RENTAL DWELLING UNIT TO PAY
AN ANNUAL FEE AS REQUIRED UNDER § 6-843(A)(3) OF THE ENVIRONMENT ARTICLE
BY DECEMBER 31, 1995.

SECTION 8. AND BE IT FURTHER ENACTED, That, notwithstanding other
provisions of this Act, this Act shall apply [beginning on January 1, 1995] to insurance
policies issued or renewed [between October 1. 1994 and December 31, 1994.] ON OR
AFTER FEBRUARY 24, 1996.

SECTION 2. AND BE IT FURTHER ENACTED. That the Laws of Maryland
read as follows:

Article 48A - Insurance Code

735.

(b) A lead hazard exclusion contained in a contract of insurance issued or
renewed on or after [January 1, 1995] FEBRUARY 24. 1996 shall be waived with respect
to an affected property which is covered under the policy, to the extent of a qualified offer
made or to be made under Part V of Title 6. Subtitle 8 of the Environment Article, if:

(1)     The affected property is in compliance with the provisions of Part III of
Title 6. Subtitle 8 of the Environment Article:

(2)     Without regard to whether a change in occupancy has occurred, and at
the election of the insured, the affected property:

(i) Passes the test for lead-contaminated dust under § 6-816 of the
Environment Article: or

(ii) Has undergone the lead hazard reduction treatments and complies
with the risk reduction standards under § 6-815(a)(2) of the Environment Article: and

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Session Laws, 1997
Volume 795, Page 4955   View pdf image
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