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S07295 Summary:

S07295 Actions:

S07295 Committee Votes:

S07295 Floor Votes:

S07295 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7295
 
                    IN SENATE
 
                                     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:
 
     1    Section  1. Subdivision 3 of section 1373 of the public health law, as
     2  amended by a chapter of the laws of 2017,  amending  the  public  health
     3  law,  relating to requiring the commissioner of health to act when areas
     4  of lead poisoning are  designated,  as  proposed  in  legislative  bills
     5  numbers S.1200-A and A.1809-A, is amended to read as follows:
     6    3.  In  the  event  of failure to comply with a notice and demand, the
     7  commissioner or his or her representative shall [conduct] take  enforce-
     8  ment  action  as  deemed  appropriate  by the commissioner or his or her
     9  representative, which may include conducting a formal hearing  upon  due
    10  notice  in  accordance  with  the provisions of section twelve-a of this
    11  chapter and on proof of violation of such notice and  demand  may  order
    12  abatement  of  a  paint  condition conducive to lead poisoning upon such
    13  terms as may be appropriate and may assess a penalty not to  exceed  two
    14  thousand  five  hundred  dollars  for such violation; provided, however,
    15  that abatement shall not be  ordered  if  the  respondent  proves  by  a
    16  preponderance  of evidence at such hearing that a paint condition condu-
    17  cive to lead poisoning in the designated dwelling does not exist.
    18    § 2. This act shall take effect on the  same  date  and  in  the  same
    19  manner as a chapter of the laws of 2017, amending the public health law,
    20  relating  to  requiring  the commissioner of health to act when areas of
    21  lead poisoning are designated, as proposed in legislative bills  numbers
    22  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