COMMITTEE ON LEGISLATION
MINUTES: JUNE 20, 2005
LEGISLATION MEMBERS: Chair: Rogowsky; Legislators: Pinto, Myers, Bronz, Burrows, Stewart-Cousins, Oros, Abinanti
IN ATTENDANCE: CEO: A. Neuman, B. Randolph, M. Long; CA: B. McGrath, E. Cipollo: R. Butler; CLERK: E. Brady; DPW: R. Butler; BOL: S. Bass; M. Amodio Guests: P. Ploger, J. Royer, S. McGuire, E. Cullen, P. Sementa, J. Demaria, M. Brown, P. Millor, B. Sacanaro, M. Courtien, J. Timmings, J. Polzella, N. Albanese
With a quorum present, the Committee on Legislation was called to order at 1:16 p.m.
DISPOSAL OF CELL PHONES
(Myers, Bronz) move the local law to add Chapter 702 with respect to cellular telephone disposal. There was a public hearing on this legislation at the last meeting of the Board of Legislators. Nobody spoke against the proposal.
Motion passed 8-0 (Abinanti, Burrows, Oros-Without Prejudice)
RESOLUTION ON COST OF PRESCRIPTION DRUGS
(Pinto,Bronz) move to support legislation urging the Federal Government to allow the importation of FDA approved prescription drugs manufactured in FDA approved facilities to insure Americans access to safe, affordable, prescription drugs.
Motion passed 6-0 (Myers, Burrows-Without Prejudice).
HOME RULE RESOLUTION FOR S5654-B/A8924
(Abinanti, Bronz) move the County of Westchester request the enactment of Senate Bill No. 5654-B and Assembly Bill No. 8924 which would impose and dispose of a sales and compensating use tax in the county of Westchester which may elect to participate on behalf of the Lower Hudson Valley public health care services region for the Westchester County Health Care Corporation.
Motion passed 8-0 (Rogowsky, Abinanti, Stewart-Cousins, Burrows, Oros-Without Prejudice).
(Bronz, Stewart-Cousins) move the County of Westchester request the enactment of Assembly Bill No. 8554-a which would impose and dispose of a sales and compensating use tax in the counties of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester may elect to participate on behalf of the Lower Hudson Valley public health care services region for the Westchester County Health Care Corporation.
Motion passed 8-0. (Stewart-Cousins, Abinanti, Burrows, Oros-Without Prejudice)
At the request of the Chairman the committee will stand in recess at 1:34 pm.
The Committee reconvened at 1:58 pm.
MINUTES
(Oros, Abinanti) move to approve the Minutes of 3/21/05, 3/28/05, 4/4/05, 4/18/05, 4/25/05, 5/2/05 and 5/23/05.
Motion passed 6-0.
PLUMBING LICENSING LAW
A discussion occurred about Plumbing Licensing Law, Rule 10. This law has been on the books for ten years. Rule 10 requires a one to one ratio of one apprentice to one Journeyman to provide direct supervision. It may be time to revisit this rule. Unions are exempt from this rule. There was a court case which upheld Rule 10 which some legislators may believe is inconsistent with the original intent of the law. This committee may want to consider revising the law to clarify any confusion.
Chairman Rogowsky suggested if Legislators want to offer amendments to Rule 10 they can provide the information to Steve Bass for the Committee to review.
Stewart-Cousins asked the County Attorney’s office to come up with language which will be in accordance with the original intent of Rule 10. Rogowsky suggested we consider legislation at a future meeting.
Commercial Assessment Ratio
Josette Polzella of the Westchester County Assessor’s Association discussed the State Legislation regarding the establishment of a commercial assessment ratio (CAR) to be used in Real Property Tax Law Article 7 proceedings as opposed to the equalization rate.
The drop in the equalization rate is being driven by the appreciation in the residential real estate market while commercial and industrial property values over the same time period have remained relatively constant. However, because equalization rates are used to determine assessments in commercial tax certiorari proceedings, commercial property owners are reaping tax refunds based on residential market appreciation.
The Westchester County Assessor’s Association is recommending that for commercial tax certiorari proceedings only a “CAR” be utilized. This will provide savings for each municipality and residential taxpayer without affecting school, county or village apportionment across municipal lines.
The Committee decided to circulate a letter for legislators to sign in support of the State Legislation.
(Pinto, Abinanti) Move to adjourn the Legislation Committee. Motion passed 7-0. Committee on legislation adjourned at 3:35 PM.
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