Bill Text: NY A00431 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 431 (Prior Session Legislation)

Introduced

Bill Title: Requires the commissioner of health to take action when high risk areas of lead poisoning are designated; requires the commissioner of health to provide written notice instructing such condition be discontinued within a specified period of time.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2014-01-14 - REFERRED TO HEALTH [A00431 Detail]

Download: New_York-2013-A00431-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          431
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. DINOWITZ, KAVANAGH -- Multi-Sponsored by -- M. of
         A. HOOPER, LIFTON, PERRY -- read once and referred to the Committee on
         Health
       AN  ACT  to  amend  the  public health law, in relation to requiring the
         commissioner of health to act when areas of lead poisoning are  desig-
         nated
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1 and 3 of section 1373 of the  public  health
    2  law, as added by chapter 338 of the laws of 1970, are amended to read as
    3  follows:
    4    1. Whenever the commissioner or his OR HER representative shall desig-
    5  nate an area of high risk, he [may] OR SHE SHALL give written notice and
    6  demand,  served as provided [herein] BY THIS SECTION, for the discontin-
    7  uance of a paint condition conducive to lead poisoning in any designated
    8  dwelling in such area within a specified period of time.
    9    3. In the event of failure to comply with a  notice  and  demand,  the
   10  commissioner  or  his OR HER representative [may] SHALL conduct a formal
   11  hearing upon due notice in accordance with  the  provisions  of  section
   12  twelve-a  of  this  chapter and on proof of violation of such notice and
   13  demand [may] SHALL order abatement of a  paint  condition  conducive  to
   14  lead  poisoning  upon  such terms as may be appropriate and may assess a
   15  penalty not to  exceed  two  thousand  five  hundred  dollars  for  such
   16  violation.
   17    S  2.  This  act shall take effect on the ninetieth day after it shall
   18  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02645-01-3