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Assembly Bill A541

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Health Committee

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2009-A541 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง1373, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A717
2013-2014: A431
2015-2016: A2592
2017-2018: A1809

2009-A541 (ACTIVE) - Summary

Requires the commissioner of health to take action when high risk areas of lead poisoning are designated; the commissioner of health is also required to provide written notice instructing such condition be discontinued within a specified period of time.

2009-A541 (ACTIVE) - Bill Text download pdf 

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

                                   541

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. DINOWITZ, KAVANAGH, KOON, GREENE -- Multi-Spon-
  sored by -- M. of A.  HOOPER, McENENY, PERRY, PHEFFER -- 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.
  S 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.
                                                           LBD02589-01-9

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