Bill Text: NY S07206 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires hotels and motels to notify employees of the presence of bedbugs on the premises; requires the development and administration of training on methods and procedures for the eradication of bedbugs upon hiring and each year thereafter.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-02 - REFERRED TO HEALTH [S07206 Detail]

Download: New_York-2011-S07206-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7206
                                   I N  S E N A T E
                                      May 2, 2012
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to  requiring  hotels
         and motels to notify employees of the presence of bedbugs on the prem-
         ises  and  requires  the development and administration of training on
         methods and procedures for the eradication of bedbugs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 1347 of the public health law is
    2  amended to read as follows:
    3    1. All departments and  boards  of  health  and  the  commissioner  or
    4  commissioners  thereof shall have the power to enforce the provisions of
    5  sections thirteen hundred forty-five to thirteen  hundred  [forty-seven]
    6  FORTY-EIGHT, inclusive, of this [chapter] TITLE.
    7    S  2. Section 1348 of the public health law is renumbered section 1349
    8  and amended to read as follows:
    9    S 1349. Hotel sanitation; application of article.   The provisions  of
   10  sections  thirteen  hundred forty-five to thirteen hundred forty-seven[,
   11  inclusive,] of this [chapter] TITLE, shall not apply to cities having  a
   12  population of one million inhabitants or over.
   13    S  3. The public health law is amended by adding a new section 1348 to
   14  read as follows:
   15    S 1348. HOTEL SANITATION; BEDBUG NOTIFICATION AND TRAINING.  1. HOTELS
   16  AND MOTELS SHALL NOTIFY EMPLOYEES OF THE  PRESENCE  OF  BEDBUGS  ON  THE
   17  PREMISES AND SHALL SPECIFY WHICH ROOMS ARE INFESTED.
   18    2.  NOTIFICATION  SHALL  BE  MADE  PROMPTLY FOLLOWING THE DISCOVERY OF
   19  BEDBUGS ON THE PREMISES.
   20    3. IN CONCERT WITH THE DEPARTMENT, HOTELS AND MOTELS SHALL DEVELOP AND
   21  ADMINISTER BEDBUG TRAINING THAT SHALL BE PROVIDED TO EMPLOYEES  WHO  MAY
   22  BE EXPOSED TO BEDBUGS AS A PART OF THEIR DAILY ACTIVITIES.
   23    4.  TRAINING  SHALL  BE  ADMINISTERED  WITHIN  A REASONABLE TIME AFTER
   24  HIRING AND ONCE AGAIN EACH YEAR THEREAFTER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14377-05-2
       S. 7206                             2
    1    5.  TRAINING  SHALL  INCLUDE  BEDBUG  IDENTIFICATION,  PROCEDURES  FOR
    2  REPORTING  INFESTATIONS TO PEST MANAGEMENT AND TREATING INFESTATIONS, AS
    3  APPROPRIATE.
    4    6.  UPON  DISCOVERY OF BEDBUGS, THE HOTEL OR MOTEL SHALL TAKE THE ROOM
    5  OR AREA OUT OF SERVICE, BUT NO ITEMS  SHALL  BE  REMOVED  UNTIL  A  PEST
    6  CONTROL MANAGEMENT COMPANY HAS INSPECTED THE AREA.
    7    7. FOR PURPOSES OF THIS SECTION:
    8    A.  "HOTEL  AND  MOTEL"  SHALL  MEAN  ESTABLISHMENTS  DISTINGUISHED AS
    9  HOTELS, MOTELS, BUNGALOW COLONIES, OR ANY OTHER ESTABLISHMENT COMPARABLE
   10  OR EQUIVALENT TO ANY OF THOSE PREVIOUSLY MENTIONED. THE TERM  SHALL  NOT
   11  INCLUDE  THOSE  PLACES  OR  FACILITIES NOT HAVING THE GENERAL CHARACTER-
   12  ISTICS OF A MOTEL OR HOTEL AS THAT TERM IS GENERALLY UNDERSTOOD AND  THE
   13  COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM THIS SECTION A PLACE OR
   14  FACILITY  THAT IS NOT WITHIN THE INTENT OF THIS DEFINITION OF A MOTEL OR
   15  HOTEL.
   16    B.  "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED FOR  HIRE  THAT  MAY  BE
   17  EXPOSED TO BEDBUGS AS A PART OF THEIR DAILY ROUTINE. SUB-CONTRACTORS AND
   18  INDEPENDENT  CONTRACTORS  WHO  WORK  TWENTY  HOURS  OR MORE PER WEEK ARE
   19  DEEMED "EMPLOYEES" FOR PURPOSES OF THIS SECTION.
   20    S 4. This act shall take effect on the one hundred twentieth day after
   21  it shall have become a law; provided, effective immediately, the commis-
   22  sioner of health is authorized to promulgate any and all rules and regu-
   23  lations and take any other measures necessary to implement this  act  on
   24  its effective date, on or before such date.