NY State Senate Bill 2017-S59

Senate Bill S59

2017-2018 Legislative Session

Requires the commissioner of health to take action when areas of lead poisoning are designated

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2017	referred to health

2017-S59 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1373, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7287
2015-2016: S1785

2017-S59 (ACTIVE) - Summary

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.

2017-S59 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S59

 TITLE OF BILL :

An act to amend the public health law, in relation to requiring the
commissioner of health to act when areas of lead poisoning are
designated

 PURPOSE OR GENERAL IDEA OF BILL :

To require the commissioner to take action when an area of lead
poisoning has been designated.

 SUMMARY OF SPECIFIC PROVISIONS :

Amends subdivisions 1 and 3 of section 1373 of the public health law,
so that it requires that written notice be given to the health
commissioner or his representative whenever an area of high risk of
lead poisoning is designated.

 JUSTIFICATION :

The people of New York, the Legislature and Governor all recognize the
importance of requiring safety guidelines in regards to the health of
all its people, especially in living conditions. Currently, the law
leaves it up to the discretion of the commissioner and does not

require she/he to take action such as giving written notice in an area
is deemed high risk. It also leaves it up to her/his discretion to
conduct a hearing if the notice is not complied with in a timely
fashion. The legislation proposed strengthens the existing laws.

 PRIOR LEGISLATIVE HISTORY :

S.1785 of 2015-2016 (Espaillat): Died in Health
A.2592 of 2015-2016 (Dinowitz): Passed Assembly
S.7287 of 2014 (Espaillat): Died in Health
A.431 of 2013-2014 (Dinowitz): Passed Assembly
A.717 of 2011-2012 (Dinowitz): Passed Assembly
A.541 of 2009-2010 (Dinowitz): Passed Assembly
A.513 of 2007-2008 (Dinowitz): Passed Assembly
A.1239 of 2005-2006 (Dinowitz): Passed Assembly
S.7173 of 2004 (Mendez): Died in Health
A.3291 of 2003-2004 (Dinowitz): Passed Assembly
A.1182 of 2001-2002 (Dinowitz): Passed Assembly
A.2061 of 1999-2000 (Dinowitz): Advanced to Third Reading Calendar
(1999)/Passed Assembly (2000)
A.3872-A of 1997-1998 (Dinowitz): Died in Health (1997)/Died in Codes
(1998)
A.9347 of 1996 (Diaz F): Died in Health

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the ninetieth day after passage.

2017-S59 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    59
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  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:
 
   Section  1.  Subdivisions 1 and 3 of section 1373 of the public health
 law, as added by chapter 338 of the laws of 1970, are amended to read as
 follows:
   1. Whenever the commissioner or his OR HER representative shall desig-
 nate an area of high risk, he [may] OR SHE SHALL give written notice and
 demand, served as provided [herein] BY THIS SECTION, for the  discontin-
 uance of a paint condition conducive to lead poisoning in any designated
 dwelling in such area within a specified period of time.
   3.  In  the  event  of failure to comply with a notice and demand, the
 commissioner or his OR HER representative [may] SHALL conduct  a  formal
 hearing  upon  due  notice  in accordance with the provisions of section
 twelve-a of this chapter and on proof of violation of  such  notice  and
 demand  [may]  SHALL  order  abatement of a paint condition conducive to
 lead poisoning upon such terms as may be appropriate and  may  assess  a
 penalty  not  to  exceed  two  thousand  five  hundred  dollars for such
 violation.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00009-01-7

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