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1999 SESSION

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SJ 393 Study; property insurance and lead-poisoning risks.

Introduced by: Benjamin J. Lambert III | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Property insurance and lead-poisoning risks. Requests the State Corporation Commission to study issues relating to property insurance and lead-poisoning risks and liability. This resolution notes that real estate professionals state that federal lead disclosure requirements interact with their duty not to discriminate against families with children to provide a catch-22 and that the mere requirement to disclose lead risks to a renter or prospective property buyer does not reduce or eliminate their potential for liability. The real estate professionals who testified to the Joint Subcommittee Studying Lead-Based Paint Abatement in 1998 also noted that housing insurance policies consistently exclude lead-poisoning risks for older houses and multiple family units. Some states have passed laws relating to liability exposure for lead-poisoning risks; however, the Joint Subcommittee believes that careful study is necessary before coming to any conclusions about the efficacy of such other state laws. Therefore, the experts within the State Corporation Commission are being requested to examine these issues and make recommendations.


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