Exempts local governments from liability for negligence in the implementation of the lead poisoning prevention program

1 Co-sponsor

• Ruth Hassell-Thompson

Title of bill

An act to amend the public health law, in relation to exemption from liability for agencies implementing the lead poisoning prevention program

Purpose

Exempts local governments from liability for negligence in the implementation of the lead poisoning prevention program.

Summary of provisions

Section 1375 of the public health law is amended by adding a new subdivision 4.

Justification

In 1993 New York State enacted the Lead Poisoning Prevention and Control Program aimed at ending lead poisoning in children. Counties and cities across the state have been charged with implementing programs to identify children with elevated blood lead levels, and to eliminate the sources of lead poisoning. Unfortunately a new area of litigation has evolved around the Childhood Lead Poisoning Prevention Program which has created an increasing burden on county and city budgets. In these cases cities and counties are being sued for actions taken to implement this important public health program, such as making sure landlords mitigate lead hazards in apartments. By their very efforts to reduce lead poisoning they are alleged to have created a "special duty" between claimants and local governments. Essentially, such a finding allows governments to be sued for doing their job. These lawsuits serve as a significant disincentive for local governments for continuing these important programs.

Legislative history

2007/2008 - S.725 Remained in the Senate Committee on Health 2005/2006 - S.225 Remained in the Senate Committee on Health 2003-2004 - S.2000 Remained in the Senate Committee on Health 2001-2002 - S.3285 Remained in the Senate Committee on Health

Fiscal implications

None.

Effective date

Immediately.