Senate Bill S7295

Signed By Governor
2017-2018 Legislative Session

Relates to enforcement action that can be taken by the commissioner of health to act 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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2017-S7295 (ACTIVE) - Details

See Assembly Version of this Bill:
A8992
Law Section:
Public Health Law
Laws Affected:
Amd §1373, Pub Health L (as proposed in S. 1200-A and A. 1809-A)

2017-S7295 (ACTIVE) - Summary

Allows the commissioner of health to act when areas of lead poisoning are designated as they deem appropriate.

2017-S7295 (ACTIVE) - Sponsor Memo

2017-S7295 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7295
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to enforcement action
   that  can  be taken by the commissioner of health to act when areas of
   lead poisoning are designated
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 1373 of the public health law, as
 amended by a chapter of the laws of 2017,  amending  the  public  health
 law,  relating to requiring the commissioner of health to act when areas
 of lead poisoning are  designated,  as  proposed  in  legislative  bills
 numbers S.1200-A and A.1809-A, is amended to read as follows:
   3.  In  the  event  of failure to comply with a notice and demand, the
 commissioner or his or her representative shall [conduct] TAKE  ENFORCE-
 MENT  ACTION  AS  DEEMED  APPROPRIATE  BY THE COMMISSIONER OR HIS OR HER
 REPRESENTATIVE, WHICH MAY INCLUDE CONDUCTING 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 condu-
 cive to lead poisoning in the designated dwelling does not exist.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2017, amending the public health law,
 relating  to  requiring  the commissioner of health to act when areas of
 lead poisoning are designated, as proposed in legislative bills  numbers
 S.1200-A and A.1809-A, takes effect.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07256-04-7

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