Bill Positions

Bill Number: HB 1241

Bill Title: Maryland State and Children's Lead Poisoning Recovery Act

Bill Sponsor(s): Delegate Rosenberg, et al.

Subject: Civil Liability

Committee: JUD

Bill Summary: This bill would make manufacturers of lead-based paint, and successors of such companies, liable for claims to reimburse persons for damages attributable to lead-based paint on residential properties. It would provide that manufacturers of lead-based paint may be held liable under any legally recognized theory of liability including a market share theory of liability. The bill would also allow the state to sue former manufacturers of lead-based paint to recover medical costs that could be proven on a statistical basis.

History: HB 1079 of 2000 failed. In 2006 HB 1394 received an unfavorable report by the Judiciary Committee. In 2007 HB 746 died in the Judiciary Committee without a vote.

Chamber Position: Oppose

Position Summary: The MD Chamber opposes this bill because the "market share" approach to establishing liability is fundamentally unfair and the bill would have create huge increased liability for Maryland businesses. Longstanding tort liability standards require that a person asserting damages must prove that the actions of the accused caused their damages. No state has enacted this type of legislation.

Position Statement: Click here to download a pdf version of the Maryland Chamber's position statement.

Chamber Staff: Ronald Wineholt

General Assembly: Click here to view the bill on the Maryland General Assembly's website.