Increases the penalty for the failure to comply with a notice and demand for the discontinuance of a paint condition conducive to lead poisoning from two thousand five hundred to five thousand dollars.
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.
STATE OF NEW YORK ________________________________________________________________________ 22 2013-2014 Regular Sessions IN 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