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Assembly Bill A431

2013-2014 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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2013-A431 (ACTIVE) - Details

See Senate Version of this Bill:
S7287
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง1373, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A541
2011-2012: A717
2015-2016: A2592, S1785
2017-2018: A1809, S59

2013-A431 (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.

2013-A431 (ACTIVE) - Bill Text download pdf 

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

                                   431

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ, KAVANAGH -- Multi-Sponsored by -- M. of
  A. HOOPER, LIFTON, PERRY -- 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.
                                                           LBD02645-01-3

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