COMMITTEE ON LEGISLATION
Joint w/ Committee on Community Affairs
MINUTES: MAY 17, 2004
MEMBERS: Chair: Marty Rogowsky; Legislators: Abinanti, Bronz, Latimer, Mosiello, Pinto, Stewart-Cousins
CA MEMBERS: Legislators: Abinanti, Astorino, Bronz
IN ATTENDANCE: BOL: Ettere, Vega; CEO: Bill Randolph; LAW: Brendan McGrath, Mary Lynn Nicolas-Brewster, Liz Cipollo; CONSUMER PROTECTION: Elaine Price
The meeting began and both Committees were called to order at 2:20 p.m.
Item # 32 – Gift Cards
Item # 18 is a proposed local law which would, if adopted, amend Section 863.91 of the Laws of Westchester County to require the posting and disclosure of any policy regarding fees, charges and/or expiration dates associated with gift cards or gift certificates. The Consumer Protection Code presently requires merchants to visibly post refund, credit and exchange policies. This would amend the Code to also mandate the above.
Many vendors verbally provide information regarding expiration dates and any charges or fees associated with the gift cards/certificates at the point of sale thus leaving the person who receives the gift card/certificate unaware of current terms and conditions.
Elaine Price, Director for the Department of Consumer Protection, was present to discuss this item that would, if passed, be enforced by her department. She noted that the Retail Council of New York State is in agreement with this proposal. There is also legislation pending in the New York State Legislature (A10333/S6612).
The Members agreed to wait and see if the State Legislature takes any action on this item before the session closes. They also agreed to expand language in Section C of the legislation.
On motion of Legislator Astorino, seconded by Legislator Abinanti the Committee on Community Affairs was adjourned at 2:58 p.m.
Item # 7 – Regulation of Income Tax Preparers
Item # 7 is a proposed local law adding Article XXIII to the Laws of Westchester County with respect to the control and regulation of tax preparers.
This is the third Committee discussion on this item. A public hearing was held on this item on May 10, 2004 in which there were 5 speakers. Among the five speakers, a representative from H&R Block called for substantive changes to the legislation but also urged that the County wait for the outcome of pending federal legislation.
Ms. Price was present to discuss the item. According to Ms. Price, there have been numerous complaints received with respect to income tax preparers. She stated that many income tax preparers have taken advantage of the general public (specifically low-income and minorities) through deception, inappropriate practice and misleading information.
The legislation would require that each person engaged in the practice of income tax preparation register with the Department of Weights and Measures; require disclosure of their identity and qualifications to potential customers; establish and require the distribution of a consumer bill of rights regarding tax preparers; establish notification requirements for the offering of refund anticipation loans; and create a consumer alert registry to inform consumers about tax preparers who have engaged in unlawful practices.
Members held a discussion outlining their concerns regarding the requirement to register with the Department of Weights and Measures. The Members agreed to consider withdrawing that requirement. The item will be discussed again at a date in the near future.
MEDICAID RESOLUTION
Legislator Rogowsky asked that the Committee sign out another resolution which mirrors several resolutions that have recently been unanimously passed by the Board. 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 are to the 8th paragraph, which reflect estimated payments as of May 18th:
‘WHEREAS, Westchester County pays approximately $4.2 million weekly. This year’s payments exceed $85 million as of May 18, 2004; and’
On motion of Legislator Abinanti, seconded by Legislator Stewart-Cousins, the resolution was approved by a vote of 7-0.
The meeting was adjourned at 3:20 p.m.
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