Bill Text: NY S01200 | 2017-2018 | General Assembly | Amended

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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 1-0)

Status: (Introduced - Dead) 2017-06-14 - SUBSTITUTED BY A1809A [S01200 Detail]

Download: New_York-2017-S01200-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1200--A
            Cal. No. 714
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health -- reported favora-
          bly  from  said committee, ordered to first and second report, amended
          on second report, ordered to a third reading, and to be  reprinted  as
          amended, retaining its place in the order of third reading
        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 order abatement  of  a  paint  condition  conducive  to  lead
    14  poisoning upon such terms as may be appropriate and may assess a penalty
    15  not  to  exceed  two  thousand  five hundred dollars for such violation;
    16  provided, however, that abatement shall not be ordered if the respondent
    17  proves by a preponderance of evidence  at  such  hearing  that  a  paint
    18  condition  conducive  to  lead poisoning in the designated dwelling does
    19  not exist.
    20    § 2. This act shall take effect on the one hundred twentieth day after
    21  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07256-02-7