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