NY State Senate Bill 2009-S3126

Senate Bill S3126

2009-2010 Legislative Session

Provides that the commissioner of health shall report improper measures by manufacturers, suppliers or retailers to attorney general which cause exposure to lead

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Mar 11, 2009	referred to health

co-Sponsors

2009-S3126 (ACTIVE) - Details

See Assembly Version of this Bill:: A8499
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1376-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S292
2013-2014: S474
2015-2016: S143
2017-2018: S4952

2009-S3126 (ACTIVE) - Summary

Provides that the commissioner of health shall report to the Attorney General improper measures by manufacturers, suppliers or retailers which endanger the public safety by exposing people to possible lead poisoning.

2009-S3126 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S769

 TITLE OF BILL :
An act to amend the public health law, in relation to reports by the
commissioner of health to the attorney general regarding improper
public safety measures by manufacturers, suppliers and retailers as to
possible lead poisoning

 PURPOSE :
Provides that the commissioner of health shall report improper
measures by manufacturers, suppliers or retailers to the attorney
general which cause exposure to lead.

 SUMMARY OF PROVISIONS :
Section 1. Adds a new section 1376-b of the Public Health Law by
adding a new section to require the Commissioner of Health to report
to the attorney general any information, which in the opinion or the
Commissioner, shows that a manufacturer, supplier, distributor or
retailer is using improper measures which are endangering public
safety or could lead to the endangerment of public safety.

Section 2. Effective Date

 EXISTING LAW :
The Public Health Law, Title X-Control of Lead Poisoning, sections
1370-1376-a:  establishes a lead poisoning prevention program: creates

an Advisory Council on Lead Poisoning Prevention; requires pregnant
women and children to be screened for lead poisoning and for lead
poison levels to be reported to the Commissioner; prohibits the sale
and manufacture of lead painted toys and furniture and the use of
paint that contains more than a specified amount of lead; describes
the abatement process of lead poisoning conditions and the conditions
under which a dwelling is placed under receivership; establishes
conditions for enforcement; and, describes the conditions under which
the sale of consumer products containing lead or cadmium are allowed.

 JUSTIFICATION :
Lead is a highly toxic metal that humans can be exposed to a number of
different sources and which may cause lead poisoning The effects of
lead poisoning are severe and include attention and learning
difficulties, lowered IQ, coordination difficulties, mental
retardation, kidney disease, heart disease, and death. Additionally,
infants and children are more vulnerable to lead exposure and its
dangerous effects because lead is more easily absorbed into growing
bodies and because young tissues are more sensitive to lead's damaging
effects.  Based on information received by the Commissioner of Health,
this bill will allow the New York Stale Attorney General to take
appropriate legal action against any manufacturer, supplier,
distributor or retailer that may have knowingly manufactured, used or
supplied products or substances containing lead-based paint

 LEGISLATIVE HISTORY :
S.769  2008

 FISCAL IMPLICATIONS :
 None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S3126 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3126

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 11, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  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  reports  by  the
  commissioner  of  health  to  the  attorney general regarding improper
  public safety measures by manufacturers, suppliers and retailers as to
  possible lead poisoning

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
1376-b to read as follows:
  S 1376-B.   REPORTING IMPROPER  LEAD  EXPOSURE  MEASURES  TO  ATTORNEY
GENERAL.    NOTWITHSTANDING  ANY  OTHER  LAW,  RULE OR REGULATION TO THE
CONTRARY, THE COMMISSIONER SHALL REPORT  TO  THE  ATTORNEY  GENERAL  ANY
INFORMATION  RECEIVED  BY  THE  COMMISSIONER WHICH IN THE OPINION OF THE
COMMISSIONER,  SHOWS  THAT  A  MANUFACTURER,  SUPPLIER,  DISTRIBUTOR  OR
RETAILER  IS USING IMPROPER MEASURES WHICH ARE ENDANGERING PUBLIC SAFETY
OR COULD LEAD TO THE  ENDANGERMENT  OF  PUBLIC  SAFETY  BY  EXPOSURE  OF
PERSONS TO POSSIBLE LEAD POISONING.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04860-01-9

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Senate Bill S3126

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Sponsored By

Ruben Diaz