S1390-2011 Actions

• Jan 4, 2012: REFERRED TO FINANCE
• Jan 7, 2011: REFERRED TO FINANCE

S1390-2011 Memo

BILL NUMBER:S1390

TITLE OF BILL:
An act
to create a temporary state commission to study and make recommendations
concerning the application of pesticides in cities with a population
of one million or more

PURPOSE:
To protect the residents of New York State from the possible
health hazard posed by the repeated spreading of pesticides.

SUMMARY OF PROVISIONS:
Directs the creation of a temporary state commission to study the
application of pesticides in cities with a population of one million
or more. The commission will consist of eleven members to be appointed
as follows: five by the Governor, two by the Temporary President
of the Senate, one by the Senate Minority Leader, two by the Assembly
Speaker and one by the Assembly Minority leader. Of the five members
appointed by the Governor, one shall be from the Department of Health
and one from the Department of Environmental Conservation.

The members of the commission will not be compensated for their
services. The commission shall make a report of its findings and make
recommendations to the Governor, the Temporary President of the
Senate and the Speaker of the Assembly.

JUSTIFICATION:
In 1999, the New York City Department of Health and Center for Disease
Control and Prevention concluded that there was an outbreak of a
mosquito borne viral disease known as the West Nile Virus. By
September of that year there were 59 confirmed cases throughout the
area of New York City, Nassau County and Westchester County,
including 7 deaths. To combat the spread of this virus, the New York
City Mayor's Office of Emergency Management coordinated efforts to
eradicate adult mosquitos through citywide aerial and ground
application of Malathion and the pyrethroid-based insecticides
resmethrin and sumethrin. Although immediate action was required to
prevent the spread of this virus, the health hazards posed to
residents of infected areas was not studied.

In 2001, many of the truck drivers who sprayed the pesticides reported
being sickened by the pesticides and many New York City residents
reported respiratory problems due to the pesticide spraying. The
outbreak of the West Nile Virus in the New York City metropolitan
area represented the first time this virus had been detected in the
Western Hemisphere. To allow the State of New York and its localities
to be prepared for possible future outbreak of the West Nile Virus or
a similar virus we must understand the health effects posed by the
spread of pesticide on the residents of the State. The creation of a
temporary state commission to study and make recommendation

concerning the application of pesticides will assist the state in
properly combating the virus without further harming the health of
our constituents.

LEGISLATIVE HISTORY:
2009-10:  S.1090 - Referred to Finance
2007-08:  S.2919 - Referred to Finance
2005-06:  S.1384 - Referred to Finance
2003-04:  S.2240 - Referred to Finance

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S1390-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1390
 2011-2012 Regular Sessions
 I N  SENATE
 January 7, 2011
 
 Introduced  by  Sens. PERKINS, DIAZ, DUANE, HASSELL-THOMPSON, KRUEGER -
 read twice and ordered printed, and when printed to  be  committed  to
 the Committee on Finance
 AN  ACT  to create a temporary state commission to study and make recom
 mendations concerning the application of pesticides in cities  with  a
 population of one million or more
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. A temporary state commission, to be known as the "temporary
 state pesticide commission", is hereby created to study and make  recom
 mendations  relating  to  the application of pesticides in cities with a
 population of one million or more.
 

S 2. The commission shall consist of eleven members to be appointed as
 follows: five shall be appointed by the governor; two shall be appointed
 by the temporary president of the senate and one by the minority  leader
 of the senate; and two shall be appointed by the speaker of the assembly
 and  one  by  the  minority  leader  of the assembly. The members of the
 commission shall serve at  the  pleasure  of  the  official  making  the
 appointment of such member.  Of the five members appointed by the gover
 nor,  one  shall  be from the department of health and one shall be from
 the department of environmental conservation. The remaining nine members
 of the commission must reside in a city with a population of one million
 or more.  Vacancies in the membership of the commission shall be  filled
 in  the  manner  provided  for  original appointments. Membership on the
 commission shall not constitute a public office. A chairperson and vice
 chairperson of the commission shall be elected  by  a  majority  of  its
 members, all members being present.
 

S  3.  The members of the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to this act.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04975-01-1
 
       S. 1390                             2
 

S 4. The commission shall make a report of its findings and  make  any
 recommendations  it  may deem necessary and appropriate to the governor,
 the temporary president of the senate and the speaker of the assembly no
 later than one year after the effective date of this act.
 

S 5. This act shall take effect immediately.

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