Maryland 2024 Regular Session

Maryland Senate Bill SB1031 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb1031
6	6
7	7	SENATE BILL 1031
8	8	D3 4lr2903
9	9
10	10	By: Senator Carter
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Civil Actions – Lead Poisoning – Liability and Statute of Limitations 2
19	19	(Maryland Lead Poisoning Compensation Act ) 3
20	20
21	21	FOR the purpose of establishing that an action against the owner or manager of certain 4
22	22	property to recover certain damages arising from lead poisoning may be brought at 5
23	23	any time; establishing strict liability for the owner or manager of a property with 6
24	24	lead–based paint hazards resulting in lead poisoning of another; establishing that 7
25	25	limitations on certain damages awarded to a prevailing plaintiff do not apply to a 8
26	26	claim under this Act; prohibiting the State, a local government, or a county school 9
27	27	board from raising a certain defense of sovereign immunity in an action under this 10
28	28	Act; establishing a certain affirmative defense; providing for the retroactive 11
29	29	application of this Act; and generally relating to civil actions for damages resulting 12
30	30	from lead poisoning. 13
31	31
32	32	BY adding to 14
33	33	Article – Courts and Judicial Proceedings 15
34	34	Section 5–122 16
35	35	Annotated Code of Maryland 17
36	36	(2020 Replacement Volume and 2023 Supplement) 18
37	37
38	38	BY repealing and reenacting, with amendments, 19
39	39	Article – Courts and Judicial Proceedings 20
40	40	Section 5–303(a), 5–518(b) and (c), and 11–108(e) 21
41	41	Annotated Code of Maryland 22
42	42	(2020 Replacement Volume and 2023 Supplement) 23
43	43
44	44	BY repealing and reenacting, without amendments, 24
45	45	Article – Courts and Judicial Proceedings 25
46	46	Section 11–108(a) and (b) 26
47	47	Annotated Code of Maryland 27
48	48	(2020 Replacement Volume and 2023 Supplement) 28 2 SENATE BILL 1031
49	49
50	50
51	51
52	52	BY repealing and reenacting, with amendments, 1
53	53	Article – State Government 2
54	54	Section 12–104(a) 3
55	55	Annotated Code of Maryland 4
56	56	(2021 Replacement Volume and 2023 Supplement) 5
57	57
58	58	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
59	59	That the Laws of Maryland read as follows: 7
60	60
61	61	Article – Courts and Judicial Proceedings 8
62	62
63	63	5–122. 9
64	64
65	65	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
66	66	INDICATED. 11
67	67
68	68	(2) “LEAD POISONING ” MEANS ELEVATED BLOOD LEAD LEVELS IN AN 12
69	69	INDIVIDUAL AS INDICATED BY THE BLOOD LEAD REFERENCE VALUE ESTABLISHED 13
70	70	BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION. 14
71	71
72	72	(3) “NONECONOMIC D AMAGES” HAS THE MEANING STAT ED IN § 15
73	73	11–108 OF THIS ARTICLE. 16
74	74
75	75	(4) “OWNER OR MANAGER OF A PROPERTY” INCLUDES THE STATE, A 17
76	76	LOCAL GOVERNMENT , AND A COUNTY BOARD O F EDUCATION. 18
77	77
78	78	(B) THE PURPOSE OF THIS S ECTION IS TO ADDRESS THE SERIOUS HEALTH 19
79	79	CONSEQUENCES OF LEAD POISONING AND ENSURE FAIR COMPENSATION FO R 20
80	80	VICTIMS OF LEAD POIS ONING. 21
81	81
82	82	(C) NOTWITHSTANDING ANY TIME LIMITATION UNDER A STATUTE OF 22
83	83	LIMITATIONS, THE MARYLAND TORT CLAIMS ACT, THE LOCAL GOVERNMENT TORT 23
84	84	CLAIMS ACT, OR ANY OTHER LAW , AN ACTION FOR COMPENSATORY AND 24
85	85	NONECONOMIC DAMAGES FOR INJURIES SUSTAINED DUE TO LEA D POISONING 25
86	86	ALLEGEDLY CAUSED BY LEAD–BASED PAINT HAZARDS ON A PROPERTY MAY BE 26
87	87	FILED AT ANY TIME . 27
88	88
89	89	(D) THE OWNER OR MANAGER OF A PROPERTY IS STRICTLY LIABLE FOR 28
90	90	COMPENSATORY AND NON ECONOMIC DAMAGES CAU SED BY LEAD POISONING 29
91	91	ARISING FROM LEAD–BASED PAINT HAZARDS ON THE PROPERTY AT THE TIME OF 30
92	92	OWNERSHIP OF THE PROPERTY . 31
93	93
94	94	(E) (1) LIMITATIONS ON NONECO NOMIC DAMAGES UNDER § 11–108 OF 32 SENATE BILL 1031 3
95	95
96	96
97	97	THIS ARTICLE DO NOT APPLY TO CLAIMS BROU GHT UNDER THIS SECTI ON. 1
98	98
99	99	(2) IN AN ACTION FILED UN DER THIS SECTION , THE STATE, A LOCAL 2
100	100	GOVERNMENT , OR A COUNTY SCHOOL B OARD MAY NOT RAISE A DEFENSE OF 3
101	101	SOVEREIGN IMMUNITY FOR CLAIMS EXCEEDING CLAIM LIMITS UNDER § 12–104 OF 4
102	102	THE STATE GOVERNMENT ARTICLE OR § 5–303 OR § 5–518 OF THIS TITLE. 5
103	103
104	104	(F) IT IS AN AFFIRMATIVE DEFENSE TO A CLAIM UNDER THIS SECTION T HAT 6
105	105	AN OWNER OR MANAGER OF A PROPERTY WAS COMPLIANT WITH REQUIREMENTS 7
106	106	FOR LEAD–AFFECTED PROPERT IES UNDER TITLE 6, SUBTITLE 8 OF THE 8
107	107	ENVIRONMENT ARTICLE AT THE TIME O F THE PLAINTIFF’S ALLEGED EXPOSURE T O 9
108	108	LEAD–BASED PAINT HAZARDS ON THE PROPERTY . 10
109	109
110	110	5–303. 11
111	111
112	112	(a) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection OR 12
113	113	§ 5–122 OF THIS TITLE, the liability of a local government may not exceed $400,000 per 13
114	114	an individual claim, and $800,000 per total claims that arise from the same occurrence for 14
115	115	damages resulting from tortious acts or omissions, or liability arising under subsection (b) 15
116	116	of this section and indemnification under subsection (c) of this section. 16
117	117
118	118	(2) The limits on liability provided under paragraph (1) of this subsection 17
119	119	do not include interest accrued on a judgment. 18
120	120
121	121	(3) If the liability of a local government arises from intentional tortious acts 19
122	122	or omissions or a violation of a constitutional right committed by a law enforcement officer, 20
123	123	the following limits on liability apply: 21
124	124
125	125	(i) Subject to item (ii) of this paragraph, the combined award for 22
126	126	both economic and noneconomic damages may not exceed a total of $890,000 for all claims 23
127	127	arising out of the same incident or occurrence, regardless of the number of claimants or 24
128	128	beneficiaries who share in the award; and 25
129	129
130	130	(ii) In a wrongful death action in which there are two or more 26
131	131	claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 27
132	132	limitation established under item (i) of this paragraph, regardless of the number of 28
133	133	claimants or beneficiaries who share in the award. 29
134	134
135	135	(4) If the liability of a local government arises from a claim of sexual abuse, 30
136	136	as defined in § 5–117 of this title, the liability may not exceed $890,000 to a single claimant 31
137	137	for injuries arising from an incident or occurrence. 32
138	138
139	139	5–518. 33
140	140
141	141	(b) [A] EXCEPT AS PROVIDED IN § 5–122 OF THIS TITLE, A county board of 34
142	142	education, described under Title 4, Subtitle 1 of the Education Article, may raise the 35 4 SENATE BILL 1031
143	143
144	144
145	145	defense of sovereign immunity to: 1
146	146
147	147	(1) Any amount claimed above the limit of its insurance policy; or 2
148	148
149	149	(2) If self–insured or a member of a pool described under § 4–105(c)(1)(ii) 3
150	150	of the Education Article: 4
151	151
152	152	(i) Except as provided in item (ii) of this item, any amount above 5
153	153	$400,000; or 6
154	154
155	155	(ii) If the liability of the county board of education arises from a 7
156	156	claim of sexual abuse, as defined in § 5–117 of this title, any amount above $890,000 to a 8
157	157	single claimant for claims arising from an incident or occurrence. 9
158	158
159	159	(c) (1) Except as provided in [paragraph] PARAGRAPHS (2) AND (3) of this 10
160	160	subsection, a county board of education may not raise the defense of sovereign immunity to 11
161	161	any claim of $400,000 or less. 12
162	162
163	163	(2) If liability of a county board of education arises under a claim of sexual 13
164	164	abuse, as defined in § 5–117 of this title, the liability may not exceed $890,000 to a single 14
165	165	claimant for injuries arising from an incident or occurrence. 15
166	166
167	167	(3) A COUNTY BOARD OF EDUC ATION MAY NOT RAISE THE DEFENSE 16
168	168	OF SOVEREIGN IMMUNIT Y TO ANY AMOUNT CLAIMED UNDER § 5–122 OF THIS TITLE. 17
169	169
170	170	11–108. 18
171	171
172	172	(a) (1) In this section the following words have the meanings indicated. 19
173	173
174	174	(2) (i) “Noneconomic damages” means: 20
175	175
176	176	1. In an action for personal injury, pain, suffering, 21
177	177	inconvenience, physical impairment, disfigurement, loss of consortium, or other 22
178	178	nonpecuniary injury; and 23
179	179
180	180	2. In an action for wrongful death, mental anguish, 24
181	181	emotional pain and suffering, loss of society, companionship, comfort, protection, care, 25
182	182	marital care, parental care, filial care, attention, advice, counsel, training, guidance, or 26
183	183	education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this 27
184	184	article. 28
185	185
186	186	(ii) “Noneconomic damages” does not include punitive damages. 29
187	187
188	188	(3) “Primary claimant” means a claimant in an action for the death of a 30
189	189	person described under § 3–904(d) of this article. 31
190	190
191	191	(4) “Secondary claimant” means a claimant in an action for the death of a 32 SENATE BILL 1031 5
192	192
193	193
194	194	person described under § 3–904(e) of this article. 1
195	195
196	196	(b) (1) In any action for damages for personal injury in which the cause of 2
197	197	action arises on or after July 1, 1986, an award for noneconomic damages may not exceed 3
198	198	$350,000. 4
199	199
200	200	(2) (i) Except as provided in paragraph (3)(ii) of this subsection, in any 5
201	201	action for damages for personal injury or wrongful death in which the cause of action arises 6
202	202	on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000. 7
203	203
204	204	(ii) The limitation on noneconomic damages provided under 8
205	205	subparagraph (i) of this paragraph shall increase by $15,000 on October 1 of each year 9
206	206	beginning on October 1, 1995. The increased amount shall apply to causes of action arising 10
207	207	between October 1 of that year and September 30 of the following year, inclusive. 11
208	208
209	209	(3) (i) The limitation established under paragraph (2) of this subsection 12
210	210	shall apply in a personal injury action to each direct victim of tortious conduct and all 13
211	211	persons who claim injury by or through that victim. 14
212	212
213	213	(ii) In a wrongful death action in which there are two or more 15
214	214	claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 16
215	215	limitation established under paragraph (2) of this subsection, regardless of the number of 17
216	216	claimants or beneficiaries who share in the award. 18
217	217
218	218	(e) The provisions of this section do not apply to [a]: 19
219	219
220	220	(1) A verdict under Title 3, Subtitle 2A of this article for damages in which 20
221	221	the cause of action arises on or after January 1, 2005; OR 21
222	222
223	223	(2) A VERDICT UNDER § 5–122 OF THIS ARTICLE FOR DAMAGES . 22
224	224
225	225	Article – State Government 23
226	226
227	227	12–104. 24
228	228
229	229	(a) (1) Subject to the exclusions and limitations in this subtitle and 25
230	230	notwithstanding any other provision of law, the immunity of the State and of its units is 26
231	231	waived as to a tort action, in a court of the State, to the extent provided under paragraph 27
232	232	(2) of this subsection. 28
233	233
234	234	(2) (i) Except as provided in subparagraphs (ii) and (iii) of this 29
235	235	paragraph OR § 5–122 OF THE COURTS ARTICLE, the liability of the State and its units 30
236	236	may not exceed $400,000 to a single claimant for injuries arising from a single incident or 31
237	237	occurrence. 32
238	238
239	239	(ii) If liability of the State or its units arises from intentional tortious 33 6 SENATE BILL 1031
240	240
241	241
242	242	acts or omissions or a violation of a constitutional right committed by a law enforcement 1
243	243	officer, the following limits on liability shall apply: 2
244	244
245	245	1. subject to item 2 of this subparagraph, the combined 3
246	246	award for both economic and noneconomic damages may not exceed a total of $890,000 for 4
247	247	all claims arising out of the same incident or occurrence, regardless of the number of 5
248	248	claimants or beneficiaries who share in the award; and 6
249	249
250	250	2. in a wrongful death action in which there are two or more 7
251	251	claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 8
252	252	limitation established under item 1 of this item, regardless of the number of claimants or 9
253	253	beneficiaries who share in the award. 10
254	254
255	255	(iii) If liability of the State or its units arises under a claim of sexual 11
256	256	abuse, as defined in § 5–117 of the Courts Article, the liability may not exceed $890,000 to 12
257	257	a single claimant for injuries arising from an incident or occurrence. 13
258	258
259	259	SECTION 2. AND BE IT FURTHER ENACTED, That this Act sha ll be construed to 14
260	260	apply retroactively to revive any action that was barred by the application of the period of 15
261	261	limitations applicable before October 1, 2024. 16
262	262
263	263	SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 17
264	264	the application of any provision of this Act to any person or circumstance is held invalid for 18
265	265	any reason in a court of competent jurisdiction, the invalidity does not affect other 19
266	266	provisions or any other application of this Act that can be given effect without the invalid 20
267	267	provision or application, and for this purpose the provisions of this Act are declared 21
268	268	severable. 22
269	269
270	270	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
271	271	October 1, 2024. 24