NY State Senate Bill 2017-S4952

Senate Bill S4952

2017-2018 Legislative Session

Provides that the commissioner of health shall report improper measures by manufacturers, suppliers or retailers to attorney general which cause exposure to lead

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to health

2017-S4952 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1376-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3126
2011-2012: S292
2013-2014: S474
2015-2016: S143

2017-S4952 (ACTIVE) - Summary

Provides that the commissioner of health shall report to the attorney general improper measures by manufacturers, suppliers or retailers which endanger the public safety by exposing people to possible lead poisoning.

2017-S4952 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4952

 TITLE OF BILL :  An act to amend the public health law, in relation
to reports by the commissioner of health to the attorney general
regarding improper public safety measures by manufacturers, suppliers
and retailers as to possible lead poisoning

 PURPOSE :

Provides that the commissioner of health shall report improper
measures by manufacturers, suppliers or retailers to the attorney
general which cause exposure to lead.

 SUMMARY OF PROVISIONS :

Section 1. Amends the Public Health Law by adding a new section
1376-b. Requires the Commissioner of Health to report to the attorney
general any information regarding the use of improper measures which
could endanger public safety by exposure to possible lead poisoning.

Section 2. Effective Date

 EXISTING LAW :

The Public Health Law, Title X-Control of Lead Poisoning, sections
1370-1376-a: establishes a lead poisoning prevention program: creates

an Advisory Council on Lead Poisoning Prevention; requires pregnant
women and children to be screened for lead poisoning and for lead
poison levels to be reported to the Commissioner; prohibits the sale
and manufacture of lead painted toys and furniture and the use of
paint that contains more than a specified amount of lead; describes
the abatement process of lead poisoning conditions and the conditions
under which a dwelling is placed under receivership; establishes
conditions for enforcement; and, describes the conditions under which
the sale of consumer products containing lead or cadmium are allowed.

 JUSTIFICATION :

Lead is a highly toxic metal that humans can be exposed to through a
number of different sources and which may cause lead poisoning. The
effects of lead poisoning are severe and include attention and
learning difficulties, lowered IQ, coordination difficulties, mental
retardation, kidney disease, heart disease, and death. Additionally,
infants and children are more vulnerable to lead exposure and its
dangerous effects because lead is more easily absorbed into growing
bodies and because young tissues are more sensitive to lead's damaging
effects. Based on information received by the Commissioner of Health,
this bill will allow the New York State Attorney General to take
appropriate legal action against any manufacturer, supplier,
distributor or retailer that may have knowingly manufactured, used or
supplied products or substances containing lead-based paint.

 LEGISLATIVE HISTORY :

2016: S.143 - REFERRED TO HEALTH
2015: S.143 -REFERRED TO HEALTH
2014: S.474 - Referred to Health
2013: S.474 - Referred to Health
2012: S.292 - Referred to Consumer Protection
2011: S.292 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Consumer Protection
2009-10: S.3126 - Referred to Health/A.8499 Passed Assembly
2008: S.769 - Referred to Health
2005-06: S.820 - Referred to Health
2003-04: S.4804 - Referred to Health

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2017-S4952 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4952
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 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  reports  by  the
   commissioner  of  health  to  the  attorney general regarding improper
   public safety measures by manufacturers, suppliers and retailers as to
   possible lead poisoning
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1376-b to read as follows:
   § 1376-B.   REPORTING IMPROPER  LEAD  EXPOSURE  MEASURES  TO  ATTORNEY
 GENERAL.    NOTWITHSTANDING  ANY  OTHER  LAW,  RULE OR REGULATION TO THE
 CONTRARY, THE COMMISSIONER SHALL REPORT  TO  THE  ATTORNEY  GENERAL  ANY
 INFORMATION  RECEIVED  BY  THE  COMMISSIONER WHICH IN THE OPINION OF THE
 COMMISSIONER,  SHOWS  THAT  A  MANUFACTURER,  SUPPLIER,  DISTRIBUTOR  OR
 RETAILER  IS USING IMPROPER MEASURES WHICH ARE ENDANGERING PUBLIC SAFETY
 OR COULD LEAD TO THE  ENDANGERMENT  OF  PUBLIC  SAFETY  BY  EXPOSURE  OF
 PERSONS TO POSSIBLE LEAD POISONING.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07186-01-7

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