Assembly Bill A1809A

Signed By Governor
2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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
Votes

Bill Amendments

co-Sponsors

2017-A1809 - Details

See Senate Version of this Bill:
S1200
Law Section:
Public Health Law
Laws Affected:
Amd §1373, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A541
2011-2012: A717
2013-2014: A431
2015-2016: A2592

2017-A1809 - 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-A1809 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1809
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, KAVANAGH -- read once and referred 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

co-Sponsors

2017-A1809A (ACTIVE) - Details

See Senate Version of this Bill:
S1200
Law Section:
Public Health Law
Laws Affected:
Amd §1373, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A541
2011-2012: A717
2013-2014: A431
2015-2016: A2592

2017-A1809A (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-A1809A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1809--A
                                                          Cal. No. 31
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  KAVANAGH, BARRON -- read once and
   referred to the Committee on Health -- reported and  referred  to  the
   Committee  on Codes -- advanced to a third reading, passed by Assembly
   and delivered to the Senate, recalled from the Senate, vote  reconsid-
   ered,  bill  amended,  ordered  reprinted,  retaining its place on 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:
 
   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  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;
 PROVIDED, HOWEVER, THAT ABATEMENT SHALL NOT BE ORDERED IF THE RESPONDENT
 PROVES  BY  A  PREPONDERANCE  OF  EVIDENCE  AT SUCH HEARING THAT A PAINT
 CONDITION CONDUCIVE TO LEAD POISONING IN THE  DESIGNATED  DWELLING  DOES
 NOT EXIST.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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