S T A T E O F N E W Y O R K
________________________________________________________________________
995
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, BROOK-KRASNY, WEISENBERG,
CASTRO, COOK, ROBINSON, GLICK, MAISEL, HIKIND, ABINANTI, HOOPER --
Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BOYLAND, CRESPO,
CROUCH, ENGLEBRIGHT, GOTTFRIED, McDONOUGH, SCHIMEL, TITONE -- read
once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to requiring hotels
and motels to notify employees of the presence of bedbugs on the prem-
ises and requires the development and administration of training on
methods and procedures for the eradication of bedbugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 1347 of the public health law is
2 amended to read as follows:
3 1. All departments and boards of health and the commissioner or
4 commissioners thereof shall have the power to enforce the provisions of
5 sections thirteen hundred forty-five to thirteen hundred [forty-seven]
6 FORTY-EIGHT, inclusive, of this [chapter] TITLE.
7 S 2. Section 1348 of the public health law is renumbered section 1349
8 and amended to read as follows:
9 S 1349. Hotel sanitation; application of article. The provisions of
10 sections thirteen hundred forty-five to thirteen hundred forty-seven[,
11 inclusive,] of this [chapter] TITLE, shall not apply to cities having a
12 population of one million inhabitants or over.
13 S 3. The public health law is amended by adding a new section 1348 to
14 read as follows:
15 S 1348. HOTEL SANITATION; BEDBUG NOTIFICATION AND TRAINING. 1. HOTELS
16 AND MOTELS SHALL NOTIFY EMPLOYEES OF THE PRESENCE OF BEDBUGS ON THE
17 PREMISES AND SHALL SPECIFY WHICH ROOMS ARE INFESTED.
18 2. NOTIFICATION SHALL BE MADE PROMPTLY FOLLOWING THE DISCOVERY OF
19 BEDBUGS ON THE PREMISES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05197-01-3
A. 995 2
1 3. IN CONCERT WITH THE DEPARTMENT, HOTELS AND MOTELS SHALL DEVELOP AND
2 ADMINISTER BEDBUG TRAINING THAT SHALL BE PROVIDED TO EMPLOYEES WHO MAY
3 BE EXPOSED TO BEDBUGS AS A PART OF THEIR DAILY ACTIVITIES.
4 4. TRAINING SHALL BE ADMINISTERED WITHIN A REASONABLE TIME AFTER
5 HIRING AND ONCE AGAIN EACH YEAR THEREAFTER.
6 5. TRAINING SHALL INCLUDE BEDBUG IDENTIFICATION, PROCEDURES FOR
7 REPORTING INFESTATIONS TO PEST MANAGEMENT AND TREATING INFESTATIONS, AS
8 APPROPRIATE.
9 6. UPON DISCOVERY OF BEDBUGS, THE HOTEL OR MOTEL SHALL TAKE THE ROOM
10 OR AREA OUT OF SERVICE, BUT NO ITEMS SHALL BE REMOVED UNTIL A PEST
11 CONTROL MANAGEMENT COMPANY HAS INSPECTED THE AREA.
12 7. FOR PURPOSES OF THIS SECTION:
13 A. "HOTEL AND MOTEL" SHALL MEAN ESTABLISHMENTS DISTINGUISHED AS
14 HOTELS, MOTELS, BUNGALOW COLONIES, OR ANY OTHER ESTABLISHMENT COMPARABLE
15 OR EQUIVALENT TO ANY OF THOSE PREVIOUSLY MENTIONED. THE TERM SHALL NOT
16 INCLUDE THOSE PLACES OR FACILITIES NOT HAVING THE GENERAL CHARACTER-
17 ISTICS OF A MOTEL OR HOTEL AS THAT TERM IS GENERALLY UNDERSTOOD AND THE
18 COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM THIS SECTION A PLACE OR
19 FACILITY THAT IS NOT WITHIN THE INTENT OF THIS DEFINITION OF A MOTEL OR
20 HOTEL.
21 B. "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED FOR HIRE THAT MAY BE
22 EXPOSED TO BEDBUGS AS A PART OF THEIR DAILY ROUTINE. SUB-CONTRACTORS AND
23 INDEPENDENT CONTRACTORS WHO WORK TWENTY HOURS OR MORE PER WEEK ARE
24 DEEMED "EMPLOYEES" FOR PURPOSES OF THIS SECTION.
25 S 4. This act shall take effect on the one hundred twentieth day after
26 it shall have become a law; provided, effective immediately, the commis-
27 sioner of health is authorized to promulgate any and all rules and regu-
28 lations and take any other measures necessary to implement this act on
29 its effective date, on or before such date.