Senate Bill S499B

2019-2020 Legislative Session

Establishes Dakota's law relating to elevated lead levels in children

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Archive: Last Bill Status - In Senate Committee Health Committee


  • 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

co-Sponsors

2019-S499 - Details

See Assembly Version of this Bill:
A7687
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1370-a & 1373, add §1370-f, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L; amd §14, Pub Hous L; amd §383, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S9131

2019-S499 - Summary

Relates to elevated lead levels in children, and requires insurance companies to cover testing for elevated lead levels.

2019-S499 - Sponsor Memo

2019-S499 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    499
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN  ACT  to  amend  the public health law, the insurance law, the social
   services law and the public housing law, in relation to elevated  lead
   levels in children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Dakota's Law".
   § 2. Subdivision 6 of section  1370  of  the  public  health  law,  as
 amended  by  chapter  485  of  the  laws  of 1992, is amended to read as
 follows:
   6. "Elevated lead levels" means a blood lead  level  greater  than  or
 equal  to  [ten] FIVE micrograms of lead per deciliter of whole blood or
 such LOWER blood lead level as may  be  established  by  the  department
 pursuant to rule or regulation.
   §  3. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the
 public health law, paragraph (c) as amended by section 4 of  part  A  of
 chapter  58  of  the laws of 2009, and paragraph (d) as added by chapter
 485 of the laws of 1992, are amended and three new paragraphs  (e),  (f)
 and (g) are added to read as follows:
   (c) establish a statewide registry of lead levels of children provided
 such information is maintained as confidential except for (i) disclosure
 for  medical  treatment  purposes;  (ii)  disclosure  of non-identifying
 epidemiological data; and (iii)  disclosure  of  information  from  such
 registry to the statewide immunization information system established by
 section twenty-one hundred sixty-eight of this chapter; [and]
   (d)  develop  and  implement  public  education and community outreach
 programs on lead exposure, detection and risk reduction[.];
   (E) ESTABLISH A PROCESS THAT ALLOWS PHYSICIANS TO RECORD WHEN A  CHILD
 UNDER  SUCH  PHYSICIAN'S  CARE  HAS  COMPLETED  A  LEAD SCREENING AND/OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-S499A - Details

See Assembly Version of this Bill:
A7687
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1370-a & 1373, add §1370-f, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L; amd §14, Pub Hous L; amd §383, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S9131

2019-S499A - Summary

Relates to elevated lead levels in children, and requires insurance companies to cover testing for elevated lead levels.

2019-S499A - Sponsor Memo

2019-S499A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  499--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  RIVERA,  MAY, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the public health law, the  insurance  law,  the  social
   services  law and the public housing law, in relation to elevated lead
   levels in children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Dakota's Law".
   §  2.  Subdivision  6  of  section  1370  of the public health law, as
 amended by chapter 485 of the laws  of  1992,  is  amended  to  read  as
 follows:
   6.  "Elevated  lead  levels"  means a blood lead level greater than or
 equal to [ten] FIVE micrograms of lead per deciliter of whole  blood  or
 such  LOWER  blood  lead  level  as may be established by the department
 pursuant to rule or regulation.
   § 3. The public health law is amended by adding a new  section  1370-f
 to read as follows:
   §  1370-F.  FEDERAL  GUIDANCE  CHANGE INCORPORATION. WITHIN SIX MONTHS
 AFTER THE DATE ON WHICH THE  FEDERAL  DEPARTMENT  OF  HEALTH  AND  HUMAN
 SERVICES  HAS  PUBLISHED  GUIDANCE RECOMMENDING A LOWER CONCENTRATION OF
 LEAD IN BLOOD THAN THE CONCENTRATION ESTABLISHED BY SUBDIVISION  SIX  OF
 SECTION  THIRTEEN  HUNDRED  SEVENTY OF THIS TITLE AS THE REFERENCE LEVEL
 FOR CONDUCTING  AN  ENVIRONMENTAL  INTERVENTION,  THE  DEPARTMENT  SHALL
 PUBLISH A NOTICE OF PROPOSED RULEMAKING INCORPORATING SUCH GUIDANCE INTO
 ITS REGULATIONS.
   §  4. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the
 public health law, paragraph (c) as amended by section 4 of  part  A  of
 chapter  58  of  the laws of 2009, and paragraph (d) as added by chapter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-S499B (ACTIVE) - Details

See Assembly Version of this Bill:
A7687
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1370-a & 1373, add §1370-f, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L; amd §14, Pub Hous L; amd §383, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S9131

2019-S499B (ACTIVE) - Summary

Relates to elevated lead levels in children, and requires insurance companies to cover testing for elevated lead levels.

2019-S499B (ACTIVE) - Sponsor Memo

2019-S499B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  499--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  RIVERA, KENNEDY, MAY, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  --  committee  discharged,  bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the public health law, the  insurance  law,  the  social
   services  law,  the  public  housing  law  and  the  executive law, in
   relation to elevated lead levels in children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Dakota's Law".
   §  2.  The public health law is amended by adding a new section 1370-f
 to read as follows:
   § 1370-F. LEAD  SAFE  RESIDENTIAL  RENTAL  PROPERTIES.  1.    FOR  THE
 PURPOSES OF THIS SECTION:
   (A)  "RESIDENTIAL  RENTAL  PROPERTY"  SHALL  MEAN  A DWELLING WHICH IS
 EITHER RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS  OCCUPIED
 AS  THE  HOME,  RESIDENCE OR SLEEPING PLACE OF ONE OR MORE PERSONS OTHER
 THAN THE OWNER'S FAMILY. RESIDENTIAL RENTAL PROPERTY SHALL  NOT  INCLUDE
 SHORT  TERM  RENTAL PROPERTIES DURING WHICH GUESTS DO NOT STAY IN EXCESS
 OF TWENTY-EIGHT DAYS; AND
   (B) "LEAD SAFE" SHALL MEAN ANY RESIDENTIAL RENTAL PROPERTY  THAT:  (I)
 HAS  BEEN  DETERMINED THROUGH A LEAD-BASED PAINT INSPECTION CONDUCTED IN
 ACCORDANCE WITH APPROPRIATE FEDERAL REGULATIONS  NOT  TO  CONTAIN  LEAD-
 BASED  PAINT;  OR  (II)  MEETS  THE MINIMUM STANDARDS SET FORTH IN REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISH-
 ING  MINIMUM  STANDARDS  FOR  THE  MAINTENANCE  OF LEAD SAFE RESIDENTIAL
 RENTAL PROPERTIES. SUCH RULES AND REGULATIONS SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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