COMMITTEE ON LEGISLATION
Joint with Public Safety and Criminal Justice
MINUTES: JULY 12, 2004
MEMBERS: Chair: Martin Rogowsky. Legislators: Abinanti, Bronz, Latimer, Mosiello, Pinto, Stewart-Cousins, Ryan.
PSCJ MEMBERS: Chair: Richard Wishnie. Legislators: Astorino, Mosiello, Rogowsky, Spreckman, Ryan.
IN ATTENDANCE: BOL: S. Kirkpatrick. CEO: B. Randolph. LAW: B.McGrath & L. Cipolllo. LWV: R. McLaughlin. Bill of Rights Def. Comm.: W. Stromberg, E. Sawyer, C. Schaehter. Civil Liberties Union: O. Swift, S. Filipowski, L. Berns, B. Fedele. WFP: J. Fahey. West. Prog. Forum: G. Karp. N.R. Peace Action: M. Katz. BOROC: M. Bartlett.
The meeting was called to order at 1:30 pm.
Item #22 - Patriot Act
Legislator Latimer presented a resolution he had drafted since the last meeting. His goal was to condense the proposal into 2 pages that presented a balanced view that most legislators could agree on. Hopefully the resolution will be voted out of committee on Aug. 2 and voted on by the full Board on Monday, Aug. 9.
Leg. Mosiello and Leg. Astorino expressed a concern that those who might support the Patriot Act as written have not had a chance to be heard. Suggestions were made to send out a press release with a copy of the legislation, reach out to the law enforcement community and put the resolution on the website. Since this is not a local law, there is no legal obligation for a public notice.
The members discussed the constitutional aspects of not having full judicial approval of searches and adherence to the normal procedures. Secret searches and the lack of investigatory restrictions may invite ethnic, religious and racial profiling.
Committee members and the public will share their concerns before the Aug. 2 meeting so there can be a full discussion, revisions made to the resolution and vote at that meeting. The PSCJ Committee adjourned at 2:20 pm.
Proposed Amendments to County Tax Code
Leg. Rogowsky reviewed the changes to the proposal discussed at the last meeting. Various tax assessors advised that the goal of providing tax relief only to senior citizens would be difficult to administer and not be fair. Thus, the proposal is expanded to include all property tax payers. Property taxes would be paid in two installments, ½ in April and ½ in May without penalty. This would address the issue of cash flow for the county. Currently, 60% of what the municipalities collect must be paid to the County by May 25. The balance is due to the County in October although all is collected in April.
The issue and alternatives were discussed. Leg. Pinto described a NYS bill to allow partial payments on a monthly basis. Leg. Abinati pointed out that Westchester is one of the few counties that has its towns and cities collect county taxes. They have to pay the county its share even if the taxes were not paid by the taxpayer.
Brendan McGrath of the Law Department stated that the County tax code predated NYS code so we could make changes without going to the State. County tax code also has different penalties. He recommended that since there are not penalties on the April taxes until April 30 that May be penalty free also. This law will not affect Yonkers.
The members discussed the difficulty of helping seniors and not hurting the cash flow of the municipalities and the county.
Leg. Bronz moved, Leg. Abinanti seconded and the committee adjourned at 2:40 pm.
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