S22-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S22-2013 Memo

BILL NUMBER:S22

TITLE OF BILL:
An act
to amend the public health law, in relation to the abatement of lead
poisoning conditions

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends subdivision 3 of section 1373 of the public health
law. Increase the penalties for building code violations and
increases the penalty for failure to correct a paint condition
conducive to lead poisoning to no more than five-thousand dollars.

Section 2. Effective Date

JUSTIFICATION:
Lead poisoning is an issue that has been gaining momentum due to the
frequency of lead poisoning cases in our communities. Lead poisoning
cases are especially prevalent in high poverty areas. Young children
and pregnant women are most vulnerable to the effects of lead
poisoning. High lead levels in children can lead to developmental and
other health problems. In pregnant women high lead levels can
significantly affect the developmental abilities of their unborn
children.

This bill will help to prevent lead exposure and lead-related health
problems by placing stiff penalties against building owners who allow
this dangerous condition to exist on their properties.

PRIOR LEGISLATIVE HISTORY:
2012:    S.6590 - Referred to Health/A.3621 Advanced to Third Reading,
         Cal. 348
2011:    A.3621 - Died on Third Reading Calendar
2009-10: A.3074 - Passed Assembly
2007-08: A.276 - Passed Assembly
2005-06: A.1897 - Passed Assembly

FISCAL IMPLICATIONS:
To be determined, potential increase due to increase in fines.

EFFECTIVE DATE:
Immediately.

S22-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          22
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  DIAZ  --  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 the  abatement  of
 lead poisoning conditions
 

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
 added by chapter 338 of the laws of 1970, is amended to read as follows:

 3.    In the event of failure to comply with a notice and demand, the
 commissioner or his representative may 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] FIVE THOUSAND dollars for such violation.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00998-01-3

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!