Bill Text: NY A05693 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires the operator of a public place that has a bed bug infestation to report such infestation to the municipality in which the public place is located and close access to the public; the public place may only reopen when a certified pesticide applicator provide written certification that all bed bugs have been exterminated.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Introduced - Dead) 2011-04-12 - enacting clause stricken [A05693 Detail]

Download: New_York-2011-A05693-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5693
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 25, 2011
                                      ___________
       Introduced  by  M.  of A. SPANO, CASTRO, N. RIVERA, O'DONNELL, JAFFEE --
         Multi-Sponsored by -- M. of A.  BOYLAND,  BRENNAN,  DINOWITZ,  DUPREY,
         GLICK,  PHEFFER,  SAYWARD, STEVENSON, TITONE -- read once and referred
         to the Committee on Health
       AN ACT to amend the public health law, in relation  to  municipal  regu-
         lation of bedbug infestations at public places
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  1504 to read as follows:
    3    S 1504. MUNICIPAL BEDBUG CONTROL. 1. FOR THE PURPOSES OF THIS SECTION,
    4  "PUBLIC  PLACE"  MEANS A PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSE-
    5  MENT AS DEFINED IN SUBDIVISION NINE OF SECTION TWO HUNDRED NINETY-TWO OF
    6  THE EXECUTIVE LAW.
    7    2. THE OPERATOR OF ANY PUBLIC PLACE, AT WHICH THERE  EXISTS  A  BEDBUG
    8  INFESTATION,  SHALL  IMMEDIATELY  PROVIDE  WRITTEN NOTICE THEREOF TO THE
    9  MUNICIPALITY IN WHICH SUCH PUBLIC PLACE IS LOCATED, AND SHALL CLOSE  THE
   10  PUBLIC  PLACE  TO  ACCESS BY THE PUBLIC. UPON PROVISION OF NOTICE TO THE
   11  APPROPRIATE MUNICIPALITY, THE OPERATOR  OF  THE  AFFECTED  PUBLIC  PLACE
   12  SHALL  POST  CONSPICUOUS  NOTICE  OF  SUCH  BEDBUG  INFESTATION ON EVERY
   13  ENTRANCE TO THE PUBLIC PLACE.
   14    3. WITHIN FIVE BUSINESS DAYS OF PROVIDING NOTICE OF A BEDBUG  INFESTA-
   15  TION  AT  A  PUBLIC  PLACE TO A MUNICIPALITY, THE OPERATOR OF THE PUBLIC
   16  PLACE SHALL CONTRACT WITH A PESTICIDE APPLICATOR, CERTIFIED PURSUANT  TO
   17  TITLE  NINE  OF  ARTICLE  THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION
   18  LAW, FOR THE EXTERMINATION AND ERADICATION OF THE  BEDBUGS  CAUSING  THE
   19  INFESTATION.
   20    4.  NO PUBLIC PLACE WITH A BEDBUG INFESTATION SHALL BE OPEN FOR PUBLIC
   21  ACCESS UNTIL THE PESTICIDE APPLICATOR WHICH EXTERMINATED AND  ERADICATED
   22  THE BEDBUGS CERTIFIES IN WRITING THAT THE BEDBUGS HAVE BEEN EXTERMINATED
   23  AND  THERE ARE NO LONGER ANY TRACES OF BEDBUGS AT SUCH PUBLIC PLACE, AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08338-01-1
       A. 5693                             2
    1  SUCH CERTIFICATION IS FILED WITH THE MUNICIPALITY IN  WHICH  THE  PUBLIC
    2  PLACE IS LOCATED.
    3    S 2. This act shall take effect on the one hundred twentieth day after
    4  it shall have become a law.