Senate Bill S1200A

Signed By Governor
2017-2018 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 Via A1809 - 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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Bill Amendments

2017-S1200 - Details

See Assembly Version of this Bill:
A1809
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-S1200 - 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-S1200 - Sponsor Memo

2017-S1200 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1200
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 one hundred twentieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07256-01-7



              

2017-S1200A (ACTIVE) - Details

See Assembly Version of this Bill:
A1809
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-S1200A (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-S1200A (ACTIVE) - Sponsor Memo

2017-S1200A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1200--A
     Cal. No. 714
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly  from  said committee, ordered to first and second report, amended
   on second report, ordered to a third reading, and to be  reprinted  as
   amended, retaining its place in 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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