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COMMITTEE ON LEGISLATION
Joint with Committee on Public Safety & Criminal Justice

MINUTES: APRIL 12, 2004

MEMBERS: Chair: Marty Rogowsky; Legislators: Bronz, Latimer, Mosiello, Stewart-Cousins, Ryan

PSCJ MEMBERS: Legislators: Kaplowitz, Rogowsky, Spreckman, Ryan

IN ATTENDANCE: BOL: Ettere, Vega, Chang, Mauro, Corbin (Intern); LWV: Rosemary MacLaughlin; BILL OF RIGHTS DEFENSE CAMPAIGN (BORDC): Wesley Stromberg, Dennis Hanratty, Marianne Artusio, Mayo Bartlett, Ruth Handel, Joseph Fahey, Shelia Filipowski, Linda Berns; AMERICAN MUSLIM WOMEN’S ASSOC. (AMWA) Zena Mikdadi, F. Khan; PACE LAW SCHOOL: Bennett Gershman

The meeting was called to order at 1:30 p.m.

MEDICAID RESOLUTION

Legislator Rogowsky asked that the Committee sign out this resolution which mirrors a resolution that was passed unanimously by the Board in December 2002. The resolution calls upon the Governor and the State Legislature to make fundamental structural reform to the financing of the Medicaid program and provide real property taxpayers with relief by capping the local share of Medicaid at the 2003 base levels.

The only changes in this Resolution from the one that was signed out of Committee on March 22, 2004 is the addition of the 3rd paragraph:

‘WHEREAS, in 1990, the Westchester County Board of Legislators unanimously passed a resolution (#221-1990) that called on the State Legislature to immediately refrain from authorizing any new mandates on Westchester County that were not 100 percent State funded and to phase out, over a period not to exceed three years, State mandates requiring Counties to participate in the Medicaid program; and’

and changes to the 8th paragraph, which reflect estimated payments as of April 13th:

‘WHEREAS, Westchester County pays approximately $4.2 million weekly. This year’s payments exceed $68 million as of April 20, 2004; and’

On motion of Legislator Ryan, seconded by Legislator Stewart-Cousins, the resolution was approved by a vote of 8-0.

Item # 22 - Patriot Act

Item # 22 is correspondence and a resolution from the Westchester Bill of Rights Defense Campaign (BORDC) regarding concerns about the Patriot Act. The resolution ultimately calls on Congress to repeal provisions of the USA Patriot Act.

Numerous members of the BORDC expressed concerns regarding the current USA Patriot Act and the proposed Domestic Security Enhancement Act (Patriot II). There was a lengthy discussion and debate.

In summary, key objections reflected in resolution are:

· Profiling

· Warrantless searches that do not have a judicial warrant

· A suspension of habeas corpus in illegal detention

· A definition of domestic terrorism that allows for there to be surveillance on people who are exercising 1st Amendment - Free Speech

· Potential terrorist connections, depending on who makes that definition that can override the normal civilian court procedures.

And specifics outlined in the resolution are that the County:

· Refrain from profiling in any of our investigatory activities

· Refrain from warrantless searches

· BOL call upon federal agencies to disclose reports of federal searches and investigations

The resolution also calls for support to repeal certain Patriot Act provisions (more specifics are needed) and also to support the prevention of the passage of Patriot Act II (more information is needed).

Legislator Rogowksy stated that the Committee would have another discussion on the proposed resolution in the near future.

Item #10 – Medicaid Reform (UL)

The Committee will delay discussions on this item as Legislator LaMotte was not able to attend today’s meeting.

MINUTES

Legislator Latimer made a motion to approve the minutes of March 29, 2004 and it was seconded by Legislator Bronz. The vote was 6-0.

On motion of Legislator Latimer, seconded by Legislator Stewart-Cousins the meeting was adjourned.

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