Regular Session - March 19, 2012

                                                                   1303

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 19, 2012

11                     3:18 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS F. O'MARA, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               1304

 1              P R O C E E D I N G S

 2               ACTING PRESIDENT O'MARA:   The 

 3  Senate will come to order.  

 4               I ask everyone to please rise and 

 5  join with me in reciting the Pledge of 

 6  Allegiance.

 7               (Whereupon, the assemblage 

 8  recited the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT O'MARA:   Please 

10  remain standing, as we have for an invocation 

11  today the Reverend Peter G. Young, of the 

12  Mother Teresa Community Church in Albany.

13               REVEREND YOUNG:   Thank you, 

14  Senator.  

15               Let us pray.  

16               As we conclude the winter season 

17  in this beautiful day, may we again bring our 

18  focus to the Senate chamber.  And by being a 

19  Senator, you have been accepted into the 

20  leadership position so that you can more fully 

21  serve the people of our Empire New York 

22  State.  

23               In this spirit of community, our 

24  prayer today will be to better achieve the 

25  goal of dedicated representation in the power 

                                                               1305

 1  that is entrusted to all of our legislators 

 2  and staff.  In your leadership role, may you 

 3  attain your satisfaction in your services to 

 4  your constituents.  

 5               Amen.

 6               ACTING PRESIDENT O'MARA:   Thank 

 7  you, Father Young.

 8               The reading of the Journal.

 9               THE SECRETARY:   In Senate, 

10  Sunday, March 18th, the Senate met pursuant to 

11  adjournment.  The Journal of Saturday, 

12  March 17th, was read and approved.  On motion, 

13  Senate adjourned.

14               ACTING PRESIDENT O'MARA:    

15  Without objection, the Journal stands approved 

16  as read.

17               Presentation of petitions.

18               Messages from the Assembly.

19               The Secretary will read.

20               THE SECRETARY:   On page 15, 

21  Senator Grisanti moves to discharge, from the 

22  Committee on Environmental Conservation, 

23  Assembly Bill Number 9272 and substitute it 

24  for the identical Senate Bill Number 6401A, 

25  Third Reading Calendar 298.

                                                               1306

 1               ACTING PRESIDENT O'MARA:    

 2  Substitution ordered.

 3               Messages from the Governor.

 4               Reports of standing committees.

 5               Reports of select committees.

 6               Communications and reports from 

 7  state officers.

 8               Motions and resolutions.

 9               Senator Libous.

10               SENATOR LIBOUS:   Thank you, 

11  Mr. President.

12               I move to amend Senate Print 

13  2004A by striking out the amendments made on 

14  6/13/2011 and restoring it to its original 

15  print number, 2004.

16               ACTING PRESIDENT O'MARA:   So 

17  ordered.

18               SENATOR LIBOUS:   Thank you, 

19  Mr. President.

20               ACTING PRESIDENT O'MARA:    

21  Senator Libous.

22               SENATOR LIBOUS:   Mr. President, 

23  at this time there will be an immediate 

24  meeting of the Finance Committee in Room 332, 

25  an immediate meeting of the Finance Committee 

                                                               1307

 1  in Room 332.  

 2               Pending the return of the 

 3  Finance Committee, the Senate will stand at ease.

 4               ACTING PRESIDENT O'MARA:   There 

 5  will be an immediate meeting of the Senate 

 6  Finance Committee in Room 332.  

 7               The Senate will stand at ease.

 8               (Whereupon, the Senate stood at ease 

 9  at 3:21 p.m.)

10               (Whereupon, the Senate reconvened at 

11  3:35 p.m.)

12               ACTING PRESIDENT O'MARA:   Senator 

13  Libous.

14               SENATOR LIBOUS:   Thank you, 

15  Mr. President.  

16               May we please return to reports of 

17  standing committees.  I believe there's a report 

18  of the Finance Committee at the desk.  I ask that 

19  it be read at this time.

20               ACTING PRESIDENT O'MARA:   Reports 

21  of standing committees.

22               The Secretary will read.

23               THE SECRETARY:   Senator 

24  DeFrancisco, from the Committee on Finance, 

25  reports the following nomination.  

                                                               1308

 1               As member and chair of the New York 

 2  State Housing Finance Agency and as director and 

 3  chair of the State of New York Mortgage Agency, 

 4  William J. Mulrow, of Westchester. 

 5               ACTING PRESIDENT O'MARA:   Senator 

 6  DeFrancisco.

 7               SENATOR DeFRANCISCO:   Yes, I move 

 8  the nomination of William J. Mulrow to each of 

 9  the positions to which he was nominated as just 

10  was referred to by the Clerk.

11               I have said this repeatedly.  The 

12  Governor has not only appointed people with the 

13  correct background that can do the job, but the 

14  people who have been nominated, like Mr. Mulrow, 

15  should be commended for being willing to come 

16  back to public service and perform more of that 

17  service with their expertise for the citizens of 

18  the State of New York.  

19               So I'm very happy, again, to rise 

20  and move the nomination of William J. Mulrow as 

21  both member and chair of the New York State 

22  Housing Finance Agency and the director and chair 

23  of the State of New York Mortgage Agency as well.

24               Thank you, Mr. President.

25               ACTING PRESIDENT O'MARA:   Thank 

                                                               1309

 1  you, Senator DeFrancisco.

 2               Senator Breslin on the nomination.

 3               SENATOR BRESLIN:   Thank you, 

 4  Mr. President.  

 5               I'm happy to stand and support the 

 6  nomination of Bill Mulrow, from being a cum laude 

 7  graduate of Yale, a Rhodes Scholar finalist, 

 8  Harvard School of Government, and his 30 years in 

 9  finance, both private and public, and serving 

10  under -- this will be the third governor he's 

11  served under, including the current Governor's 

12  father.  

13               And I can think of nobody who knows 

14  more about finance, both private and public, than 

15  Bill Mulrow.  And almost as importantly, I don't 

16  think in my years in government I have ever, ever 

17  heard anyone say a bad word about Bill Mulrow as 

18  a person or Bill Mulrow as a true professional.

19               I applaud the Governor for the 

20  nomination.

21               Thank you, Mr. President.  I vote 

22  in the affirmative.

23               ACTING PRESIDENT O'MARA:   Thank 

24  you, Senator Breslin.

25               Senator Smith.

                                                               1310

 1               SENATOR SMITH:   Thank you very 

 2  much, Mr. President.  

 3               I rise also to second the 

 4  nomination of Bill Mulrow and congratulate the 

 5  Governor on a fine choice.  

 6               Bill, it's very good to see you.  

 7               Obviously we will be, as well as 

 8  the people of this state, the beneficiary of the 

 9  Governor's selection.  You heard Senator Breslin, 

10  who addressed his academic background as well as 

11  his business acumen.  And it is very clear to me, 

12  as someone who knows him personally and who has 

13  dealt with him, that the Governor could not have 

14  picked a finer person.  

15               And your sacrifice that you are 

16  prepared to make -- and it is a sacrifice that he 

17  is making, coming from the private sector to the 

18  public sector -- will be thanked, not only by the 

19  people of this state, but I'm sure God will bless 

20  you and your family as well.  So thank you very 

21  much for doing this, Bill.  

22               Thank you, Mr. President.  I vote 

23  aye.

24               ACTING PRESIDENT O'MARA:   Thank 

25  you, Senator.

                                                               1311

 1               Senator Krueger.

 2               SENATOR KRUEGER:   Thank you, 

 3  Mr. President.  

 4               I also rise to congratulate the 

 5  Governor on this fine nomination of Bill Mulrow 

 6  to these two critical housing financing 

 7  authorities that we have here in New York State.  

 8               I do appreciate his fine 

 9  reputation, his great school record, and his 

10  history with the state.  What I think is 

11  particularly important for him as he takes on 

12  these responsibilities is that he understands 

13  finance and the importance of making sure that in 

14  New York State we're focusing our efforts on 

15  affordable housing.  

16               It's not simply enough to say we're 

17  doing some housing work here in New York State.  

18  We need to be smart and 21st-century about our 

19  thinking about how we both preserve existing 

20  affordable housing and expand the kind of housing 

21  that is needed by so many New Yorkers who find 

22  themselves priced out of the housing market.  

23               And also the fact that he comes out 

24  of finance, and as some in finance have a lot of 

25  responsibility for the housing disasters we're 

                                                               1312

 1  finding ourselves in right now, I actually think 

 2  that his expertise, his background, and the 

 3  companies he's with can actually be 

 4  extraordinarily helpful to the State of New York 

 5  in thinking through what we should appropriately 

 6  be doing not only to get ourselves out of the 

 7  housing disaster we find ourselves in today, but 

 8  how to also avoid unintended consequences as we 

 9  move into a new financial market related to 

10  housing.

11               So I'm very appreciative of 

12  Mr. Mulrow taking on what I see as these very 

13  weighty responsibilities.  

14               Thank you, Mr. President.

15               ACTING PRESIDENT O'MARA:   Thank 

16  you, Senator Krueger.

17               Senator Young on the nomination.

18               SENATOR YOUNG:   Thank you, 

19  Mr. President.  

20               As chair of the Senate Committee on 

21  Housing, Construction and Community Development, 

22  I enthusiastically second the nomination of 

23  William Mulrow for these two very important 

24  positions.  

25               He has the ability, through his 

                                                               1313

 1  financial services background.  And I also want 

 2  to thank him because he spent time in my office, 

 3  having one-on-one conversations, and did a 

 4  fantastic job today at the Housing Committee 

 5  meeting answering questions, talking about 

 6  innovative and creative ways we can deal with 

 7  affordable housing in New York State.  

 8               So I sincerely congratulate him.  I 

 9  look forward to working closely with him, because 

10  I think by working together we really can do some 

11  great things for the people of New York State.

12               Thank you.

13               ACTING PRESIDENT O'MARA:   Thank 

14  you, Senator Young.

15               Senator Larkin on the nomination.

16               SENATOR LARKIN:   Thank you very 

17  much, Mr. President.  

18               A few years ago I had the 

19  opportunity, when we were interviewing Mr. Mulrow 

20  for a position and I first asked him, "Are you 

21  sure your wife approves of you taking this pay 

22  cut," and he didn't answer.

23               But I noticed on his resume that he 

24  had something to do with an IDA, and so I asked 

25  Orange County IDA, "Have you ever dealt with 

                                                               1314

 1  him?"  

 2               And one of the board members said, 

 3  "Oh, yes, we have a project in Westchester 

 4  County."  And he said, "He sits on the board, he 

 5  asks the most questions.  He was very sharp."  I 

 6  said, "What would you really describe him as?"  

 7  And our chairman said, "A man of honesty, 

 8  integrity, and straightforward."  

 9               So what else could we ask for today 

10  but for a gentleman with those credentials?  

11               It's good to see you again.  God 

12  bless you.  And the best of luck in a trusting, 

13  hardworking agency.

14               ACTING PRESIDENT O'MARA:   Thank 

15  you, Senator Larkin.

16               Senator Stewart-Cousins.

17               SENATOR STEWART-COUSINS:   Thank 

18  you, Mr. President.

19               I also rise to commend the 

20  Governor's nomination.  We know Bill Mulrow in 

21  Westchester County.  It is his home county.  

22               And as we look through his resume, 

23  and all of you who have spoken to eloquently 

24  about his accomplishments, you know he is a 

25  personality who is a global personality.  And yet 

                                                               1315

 1  he has always found the time within the county to 

 2  deal with whatever the issue is that affects 

 3  local home priorities.  

 4               So again, Mr. Mulrow, I wish you 

 5  the best.  But I know that we have gotten the 

 6  best in your nomination.  And so we look forward 

 7  to working with you on the critical issues of 

 8  housing that face New York State.  

 9               Congratulations.

10               ACTING PRESIDENT O'MARA:   Senator 

11  Farley on the nomination.

12               SENATOR FARLEY:   Yes, thank you, 

13  Mr. President.  I rise to second this nomination.

14               You know, the Governor is to be 

15  complimented into reaching out for somebody who 

16  really has served government in many capacities 

17  in a long career.  You know, this is an example 

18  of somebody that really gives himself to the 

19  State of New York.  

20               And this is a very challenging 

21  position and one that you're going to be hearing 

22  from legislators I guess throughout your tenure.  

23               But let me just wish you well.  

24  Thank you for your service.  And again, we're 

25  very lucky to have you.  And thank you, Bill.

                                                               1316

 1               ACTING PRESIDENT O'MARA:   Thank 

 2  you, Senator Farley.

 3               Seeing no other Senators wishing to 

 4  be heard, the question is on the nomination of 

 5  William J. Mulrow, of Westchester, as member and 

 6  chair of the New York State Housing Finance 

 7  Agency and as director and chair of the State of 

 8  New York Mortgage Agency.  All in favor signify 

 9  by saying aye.

10               (Response of "Aye.")

11               ACTING PRESIDENT O'MARA:   Opposed, 

12  nay.

13               (No response.)

14               ACTING PRESIDENT O'MARA:   William 

15  J. Mulrow is hereby confirmed as member and chair 

16  of the New York State Housing Finance Agency and 

17  as director and chair of the State of New York 

18  Mortgage Agency.

19               (Applause.)

20               ACTING PRESIDENT O'MARA:   Senator 

21  Libous.

22               SENATOR LIBOUS:   Mr. President, at 

23  this time could we have the noncontroversial 

24  reading of the calendar, please.

25               ACTING PRESIDENT O'MARA:   The 

                                                               1317

 1  Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  193, by Senator Grisanti, Senate Print 6084A, an 

 4  act to amend the Parks, Recreation and Historic 

 5  Preservation Law.

 6               ACTING PRESIDENT O'MARA:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 4.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT O'MARA:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 59.

14               ACTING PRESIDENT O'MARA:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  260, by Senator Grisanti, Senate Print 6368, an 

18  act to amend the Labor Law.

19               ACTING PRESIDENT O'MARA:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT O'MARA:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               1318

 1               THE SECRETARY:   Ayes, 59.  Nays, 

 2  1.  Senator Savino recorded in the negative.

 3               ACTING PRESIDENT O'MARA:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  281, by Senator Seward, Senate Print 6454, an act 

 7  to amend the Insurance Law.

 8               ACTING PRESIDENT O'MARA:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect on the 90th day.

12               ACTING PRESIDENT O'MARA:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 60.

16               ACTING PRESIDENT O'MARA:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  295, by Senator Marcellino, Senate Print 2887A --

20               SENATOR BRESLIN:   Lay it aside.

21               ACTING PRESIDENT O'MARA:   The bill 

22  is laid aside.

23               THE SECRETARY:   Calendar Number 

24  298, by Member of the Assembly Sweeney, Assembly 

25  Print Number 9272, an act to amend Chapter 274 of 

                                                               1319

 1  the Laws of 2010.

 2               ACTING PRESIDENT O'MARA:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT O'MARA:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 60.

10               ACTING PRESIDENT O'MARA:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  327, by Senator Robach, Senate Print 732, an act 

14  to amend the Executive Law.

15               ACTING PRESIDENT O'MARA:   Read the 

16  last section.

17               THE SECRETARY:   Section 5.  This 

18  act shall take effect on the 90th day.

19               ACTING PRESIDENT O'MARA:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               ACTING PRESIDENT O'MARA:   The bill 

24  is passed.

25               THE SECRETARY:   Calendar Number 

                                                               1320

 1  329, by Senator Golden, Senate Print 1744, an act 

 2  to amend the Executive Law.

 3               ACTING PRESIDENT O'MARA:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect on the first of January.

 7               ACTING PRESIDENT O'MARA:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT O'MARA:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  330, by Senator Libous, Senate Print 2468, an act 

15  to amend the State Finance Law.

16               ACTING PRESIDENT O'MARA:   Read the 

17  last section.

18               THE SECRETARY:   Section 4.  This 

19  act shall take effect on the first of April.

20               ACTING PRESIDENT O'MARA:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               ACTING PRESIDENT O'MARA:   Senator 

24  Carlucci to explain your vote.

25               SENATOR CARLUCCI:   Thank you, 

                                                               1321

 1  Mr. President.  

 2               I just want to thank my colleagues 

 3  for supporting this important legislation.  This 

 4  legislation is really smart.  It's going to help 

 5  grow New York State's economy, help grow and 

 6  support small businesses across the state, and 

 7  particularly the hardworking farmers from across 

 8  the state.

 9               In addition to the financial gains 

10  that I believe we'll see in this smart 

11  legislation, we're also ensuring that New Yorkers 

12  have access to the most fresh and the greatest 

13  produce available.  

14               So for those reasons, I want to 

15  thank my colleagues, thank Senator Libous for 

16  sponsoring this important legislation, and I'll 

17  be voting in the affirmative.

18               Thank you, Mr. President.

19               ACTING PRESIDENT O'MARA:   Thank 

20  you, Senator Carlucci.

21               Senator Ritchie to explain your 

22  vote.

23               SENATOR RITCHIE:   I would also 

24  like to commend Senator Libous on this bill.  

25               As the chair of the Senate 

                                                               1322

 1  Agriculture Committee, I've been trying to 

 2  encourage more locally produced and locally sold 

 3  items.  It's really great to see this bill come 

 4  up.  There are so many farmers who have come in 

 5  and who worked so hard.  

 6               The OGS commissioner, RoAnn 

 7  Destito, actually responded to a letter that I 

 8  wrote when we found out that New York milk was 

 9  not being sold in the cafeteria that feeds 

10  40,000 people here.  Texas milk was actually 

11  being served, and I think we were all kind of 

12  astonished when that happened.  

13               So we wrote the letter to the 

14  commissioner, and she responded by making sure 

15  New York milk was sold in all the cafeterias that 

16  are under her discretion.

17               So that is one way that we can help 

18  promote agriculture throughout the state.  We 

19  have many wonderful SUNY universities, 

20  correctional facilities, and we should all be 

21  promoting that that happen across the state.  

22               So once again, it's my pleasure to 

23  vote aye on the bill.  

24               Thank you, Mr. President.

25               ACTING PRESIDENT O'MARA:   Thank 

                                                               1323

 1  you, Senator Ritchie.  You will be recorded in 

 2  the affirmative.

 3               Senator Libous to explain your 

 4  vote.

 5               SENATOR LIBOUS:   Thank you, 

 6  Mr. President and my colleagues.  And certainly 

 7  thank you to Senator Carlucci and Senator Ritchie 

 8  for their support and their comments.  

 9               "Buy from the Backyard" is a 

10  program that I actually started in my district a 

11  number of years ago, pulling together all of the 

12  local agricultural community to get people in the 

13  52nd Senate District to begin buying locally.  

14               And it turned out to be a huge 

15  success, and we started having dinners at various 

16  restaurants.  And Lord knows I like to eat, so we 

17  would have dinners -- these dinners would be with 

18  all local food products that were produced in 

19  New York State.  

20               It picked up quite substantially, 

21  and we'd now like to take it to the entire State 

22  of New York through this legislation, 

23  Mr. President.

24               And the point I want to make is 

25  very simple.  If every household in New York 

                                                               1324

 1  State spent just $15 per week on local food, 

 2  that's every household just spent $15 per week 

 3  New York State local food, it would pump 

 4  $5.5 billion into the New York State economy.  

 5               That alone is great reason to 

 6  continue to support all the great growers and 

 7  certainly those who raise cattle and provide the 

 8  great agricultural services -- the number-one 

 9  industry by the way, that this state has had and 

10  will continue to have if we support legislation 

11  like this.

12               ACTING PRESIDENT O'MARA:   Thank 

13  you, Senator Libous.  You will be recorded in the 

14  affirmative.

15               Announce the results.

16               THE SECRETARY:   Ayes, 60.

17               ACTING PRESIDENT O'MARA:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  335, by Senator Maziarz, Senate Print 256 --

21               SENATOR LIBOUS:   Lay it aside for 

22  the day.

23               ACTING PRESIDENT O'MARA:   The bill 

24  is laid aside for the day.

25               THE SECRETARY:   Calendar Number 

                                                               1325

 1  337, by Senator Robach, Senate Print 720A, an act 

 2  to amend the Penal Law.

 3               ACTING PRESIDENT O'MARA:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 3.  This 

 6  act shall take effect on the first of November.

 7               ACTING PRESIDENT O'MARA:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT O'MARA:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  340, by Senator Smith, Senate Print 3923, an act 

15  to amend the Penal Law.

16               ACTING PRESIDENT O'MARA:   Read the 

17  last section.

18               THE SECRETARY:   Section 3.  This 

19  act shall take effect on the first of November.

20               ACTING PRESIDENT O'MARA:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 59.  Nays, 

24  1.  Senator Duane recorded in the negative.

25               ACTING PRESIDENT O'MARA:   The bill 

                                                               1326

 1  is passed.

 2               Senator Libous, that completes the 

 3  noncontroversial reading of the calendar.

 4               SENATOR LIBOUS:   Thank you, 

 5  Mr. President.  

 6               Before we go to the controversial 

 7  reading, could you please call on Senator Kennedy 

 8  for the purposes of an announcement, please.

 9               ACTING PRESIDENT O'MARA:   Senator 

10  Kennedy.

11               SENATOR KENNEDY:   Yes, thank you, 

12  Mr. President.  

13               I wanted to just recognize some 

14  young men and women that are here with us today 

15  in our Senate chambers all the way from Western 

16  New York.  They made the trek up here from 

17  West Seneca Christian, a school that is renowned 

18  in Western New York, and they're here to watch 

19  democracy in action and watch the proceedings 

20  here in the Senate.  

21               So a great welcome to all of you 

22  here from West Seneca Christian.  Thanks for 

23  joining us.  

24               Thank you, Mr. President.

25               ACTING PRESIDENT O'MARA:   Thank 

                                                               1327

 1  you, Senator Kennedy.  

 2               And thank you to all you students 

 3  for being here joining us today.  Welcome, and we 

 4  extend to you the courtesies of the house for the 

 5  day.  And please come back and join us in the 

 6  future.

 7               Senator Libous.

 8               SENATOR LIBOUS:   Could we have the 

 9  reading of the controversial calendar.

10               ACTING PRESIDENT O'MARA:   The 

11  Secretary will ring the bell.  

12               The Secretary will read.

13               THE SECRETARY:   Calendar Number 

14  295, by Senator Marcellino, Senate Print 2887A, 

15  an act to amend the Environmental Conservation 

16  Law.

17               ACTING PRESIDENT O'MARA:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               SENATOR BRESLIN:   Explanation.

22               ACTING PRESIDENT O'MARA:   Senator 

23  Marcellino, an explanation has been requested.

24               SENATOR MARCELLINO:   Thank you, 

25  Mr. President.

                                                               1328

 1               We all know that pesticides are 

 2  necessary evils in our world, but they are in 

 3  effect dangerous substances that should only be 

 4  applied when absolutely needed and in the doses 

 5  that are absolutely necessary for them to achieve 

 6  their designed purpose.

 7               This bill would give professional 

 8  applicators the flexibility to use only that 

 9  amount of pesticide that they have determined 

10  would be required to do the job that is designed 

11  for their use.  We don't want them necessarily 

12  applying the full dosage when half would be 

13  satisfactory.  That is the purpose of this bill.  

14               Less exposure to pesticides is a 

15  good thing.  Less use of pesticides is a good 

16  thing.  This bill permits professional 

17  applicators, farmers, people who understand the 

18  purpose, the function and the need for pesticides 

19  and how to use them safely to do their job with 

20  their own expertise, without having to live by a 

21  label and assume a one-size-fits-all solution is 

22  necessary or applicable in every case.  

23               That is the purpose of this bill.

24               ACTING PRESIDENT O'MARA:   Senator 

25  Breslin.

                                                               1329

 1               SENATOR BRESLIN:   Thank you, 

 2  Mr. President.  Would the sponsor yield for a 

 3  question or two.

 4               ACTING PRESIDENT O'MARA:   Senator 

 5  Marcellino, will you yield for a question from 

 6  Senator Breslin?  

 7               SENATOR MARCELLINO:   I'll be 

 8  pleased to.

 9               SENATOR BRESLIN:   Senator 

10  Marcellino, this is a bill that I voted for last 

11  year when it passed 60 to zero.  And since that 

12  time I use a lawn service and I've read a little 

13  bit more about it.  

14               Isn't it true that farmers are 

15  already allowed to change the dosages they use?

16               SENATOR MARCELLINO:   Yes.  We've 

17  done that, yes.

18               SENATOR BRESLIN:   So thinking of 

19  it in terms of those people who come to our 

20  homes -- that it seems as though everyone uses 

21  now in the past number of years -- an applicator 

22  has been following directions from a producer of 

23  these chemicals, and now this bill would allow 

24  them to vary.  

25               Does the applicator need any 

                                                               1330

 1  research or knowledge to determine why he should 

 2  go against the directions on the particular items 

 3  that are being applied to lawns?  

 4               SENATOR MARCELLINO:   Yes, the 

 5  applicator must be certified and take a test that 

 6  is provided by the DEC and certified by the DEC 

 7  to be a professional in that field.

 8               SENATOR BRESLIN:   Again, through 

 9  you, Mr. President, if the sponsor would continue 

10  to yield.

11               SENATOR MARCELLINO:   Yes, 

12  Mr. President.

13               SENATOR BRESLIN:   Beyond that, 

14  though, has there been any research done to 

15  determine why you should violate what the 

16  prescribed ingredients are to lessen the amounts 

17  that are provided?

18               SENATOR MARCELLINO:   We've got 

19  something.  I'm just trying to find the right 

20  line.  

21               Yeah, we have Cornell University, 

22  the chair of their Department of Entomology has 

23  basically done work in this field and on this 

24  topic and basically says there are many benefits 

25  to allowing less than label rates or 

                                                               1331

 1  label-designed uses for pesticides.  The more you 

 2  use, the greater the potential for additional 

 3  exposure and potential harm.  The less you use, 

 4  the better we are.

 5               Those rates that are set on a label 

 6  are designed -- those are optimum but not 

 7  necessarily the most effective for your 

 8  particular purpose.  It might not be needed in 

 9  your case.  If a professional trained applicator 

10  determines that less would be effective, why not 

11  let them.  

12               SENATOR BRESLIN:   Again, if the 

13  sponsor would continue to yield.

14               SENATOR MARCELLINO:   I would, 

15  Mr. President.

16               SENATOR BRESLIN:   Is there any 

17  safeguard to preventing lawn service companies, 

18  who obviously are in business to make a profit, 

19  from reducing the amounts they apply to lawns, 

20  where it might not be effective, in order to make 

21  more money?

22               SENATOR MARCELLINO:   Well, the 

23  only reason I'm hesitating is because if -- it's 

24  a very competitive business.  And you would know 

25  that if you were being charged more and more, I 

                                                               1332

 1  think you might say, Look, could I get this job 

 2  done in a cheaper way, can I get it done in a 

 3  less expensive way.  

 4               You would probably go out, seek 

 5  bids on it, seek other pesticide applicators and 

 6  what they could do the job for, and find out 

 7  where you could get the best price and get the 

 8  best results at the lowest price for your work.  

 9  Nobody wants to spend more money than they 

10  absolutely have to.

11               That's why we would say that 

12  allowing them to use less than the labeled rate 

13  saves money, it saves exposure, and it protects 

14  lives.

15               SENATOR BRESLIN:   Again, through 

16  you, Mr. President, if the sponsor would continue 

17  to yield.

18               SENATOR MARCELLINO:   I would 

19  yield, sir.

20               SENATOR BRESLIN:   Is there any 

21  guarantee that the money saved will be by the 

22  person purchasing the service as opposed to the 

23  service?

24               SENATOR MARCELLINO:   No, there's 

25  no guarantee, sir.

                                                               1333

 1               SENATOR BRESLIN:   Okay, on the 

 2  bill.

 3               ACTING PRESIDENT O'MARA:   On the 

 4  bill, Senator Breslin.

 5               SENATOR BRESLIN:   I think the 

 6  direction of the bill is terrific.  It's to make 

 7  sure that we're not using pesticides in 

 8  situations where it isn't warranted.

 9               However, those lawn service 

10  companies are in business to make money.  The 

11  ingredients that are applied have specific 

12  directions, and you're varying from those 

13  directions.  And when you vary from those 

14  directions, it would seem to me that the 

15  manufacturer has done his own research to say 

16  what's best for a lawn.  

17               And so I'm concerned -- I'm voting 

18  for this legislation, but I'm concerned that we 

19  haven't done a sufficient analysis to allow that 

20  applicator to deviate from what is the standard 

21  norm and the directions on the particular 

22  ingredients so that the consumer gets what they 

23  bargained for.  

24               Thank you, Mr. President.

25               ACTING PRESIDENT O'MARA:   Thank 

                                                               1334

 1  you, Senator Breslin.

 2               Senator Marcellino on the bill.  

 3               SENATOR MARCELLINO:   Thank you, 

 4  Mr. President.  

 5               I hear my worthy colleague's 

 6  concerns, and they're my concerns as well.  I 

 7  agree with his idea.  

 8               But if you're looking for savings, 

 9  it's the manufacturer that is going to make the 

10  most money, and it's in the manufacturer's 

11  benefit to set the highest use and the highest 

12  dosage per application because therefore he can 

13  sell or she can sell more of the product to the 

14  consumer.

15               Professional applicators are in the 

16  business of making money, you're absolutely 

17  correct.  And pesticides by nature are, one, 

18  dangerous to use, so dangerous to them for 

19  application purposes.  They're also expensive.  

20  Therefore, the less they get to use, the more 

21  money they can save.  

22               What they charge you is a deal 

23  between you and them.  That's your contract, 

24  that's your work.  But if they can save money by 

25  using less pesticides getting the same results, 

                                                               1335

 1  you're exposed less, your neighbors are exposed 

 2  less, and we get the desired result.  

 3               That's the purpose of this 

 4  particular bill.  We want as little pesticide use 

 5  as possible under the most appropriate and 

 6  correct conditions.  

 7               Thank you, Mr. President.  I urge 

 8  everyone to vote aye on this bill.  Thank you, 

 9  sir.

10               ACTING PRESIDENT O'MARA:   Seeing 

11  no other Senator wishing to speak, debate is 

12  closed.  

13               The Secretary will ring the bell.

14               SENATOR LIBOUS:   Mr. President.

15               ACTING PRESIDENT O'MARA:   Senator 

16  Libous.

17               SENATOR LIBOUS:   While we're 

18  ringing the bell, if members could get to the 

19  chamber.  

20               We do know that at 4:00 o'clock 

21  there I believe are three committees:  Mental 

22  Health, Transportation, and Human Services.  So 

23  the sooner members can get to the chamber, their 

24  colleagues could then go to those meetings.

25               ACTING PRESIDENT O'MARA:   Thank 

                                                               1336

 1  you, Senator Libous.  

 2               Will members please quickly come 

 3  back to the chamber so we can complete this final 

 4  vote of the day.  

 5               Read the last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT O'MARA:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               ACTING PRESIDENT O'MARA:   Announce 

12  the results.

13               THE SECRETARY:   Absent from 

14  voting:  Senator Valesky.  

15               Ayes, 59.

16               ACTING PRESIDENT O'MARA:   The bill 

17  is passed.

18               SENATOR LIBOUS:   Mr. President.

19               ACTING PRESIDENT O'MARA:   Senator 

20  Libous.

21               SENATOR LIBOUS:   Is there any 

22  further business at the desk?  

23               ACTING PRESIDENT O'MARA:   Nothing 

24  further at the desk.

25               SENATOR LIBOUS:   Thank you, 

                                                               1337

 1  Mr. President.  

 2               There being no further business, I 

 3  move that the Senate adjourn until Tuesday, 

 4  March 20th, at 3:00 p.m.

 5               ACTING PRESIDENT O'MARA:   On 

 6  motion, the Senate stands adjourned until 

 7  Tuesday, March 20th, at 3:00 p.m.

 8               (Whereupon, at 4:04 p.m., the Senate 

 9  adjourned.)

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