COMMITTEE ON LEGISLATION/HEALTH APPROVED
MINUTES: March 21, 2005
MEMBERS: Legislation Chair: Martin Rogowsky; Legislators: Pinto, Myers, Burrows, Abinanti
Health: Acting Chair: Abinanti; Legislators: Alvarado, Myers
IN ATTENDANCE\IN INNNNNNIUIN BOL: Richard Wishnie, Michael Davis, Betsy Desoye, Hope Corbin; CE: Kevin Ryan, Andrew Neuman, Bill Randolph Law: Brendan McGrath, Liz Cippolo, DOH: Joshua Lipsman, LWVW: Rosemary MacLaughlin Public Safety: Thomas Belfiore, Food Industry Alliance: Pat Brodhagen
Chair Rogowsky Called the meeting of Legislation to order at 1:10 P.M.
Legislator Abinanti called the meeting on health to order 1:24 P.M.
Chair Rogowsky shared a draft of a letter of support for the legislative package with the legislators.
Presentation on Crystal Methamphetamine legislation by representatives from the County Executive’s office.
The Chair recognized Andrew Neuman from the office of the County Executive and inquired whether the legislation proposed by the CE’s office had been altered to specifications as per the committee’s previous discussions. Legislation focuses on not being able to sell more than 300 grams of the drug components.
The Chair recognized Commissioner Belfiore, commissioner of public safety. The commissioner stated that NY is the only state that doesn’t have felony status for crystal methamphetamine. The commissioner testified that he sees a growing problem through the whole state, and Westchester is a big part of the transportation route between upstate and New York City.
Legislator Abinanti expressed concern over what the county’s role would be in limiting the sale of a product, would this legislation not be more appropriate as state or federal action. In accordance with a memo prepared by the County Attorney’s office the County does retain the legal authority to pass legislation limiting the sale of a product. It was agreed to discuss the substantive issue of banning the methamphetamine.
Chair Rogowsky expressed concerns on focusing on the merchant rather than criminalizing the buyer.
Chair Rogowsky pointed out that the legislation in itself isn’t very helpful for law enforcement, but it would send a message to responsible consumers that the County is against the selling of mass quantities of these products.
The Chair asked if the Board has the power to create possession crimes. Brendan McGrath of the County Attorney’s office stated that we don’t but we do have the power to create misdemeanors.
There was discussion as to whether there had been a study done as to how many of these bulk purchases are being made, if at all, and whether records should be kept of who is buying and how much.
Legislator Abinanti asked if this legislation would cover products sold in liquid form. Andrew Neuman responded that in order to produce crystal methamphetamine it must be in a tablet form not a liquid.
The chair recognized Pat Brodhagen from the food industry alliance. She confirmed that liquid and gelcaps couldn’t be used for methamphetamine production.
Legislator Wishnie suggested an age limitation for purchasing these precursor products. In response Andrew Neuman stated that it was considered but left out so as not to criminalize children for buying legitimate cold medicine.
Commissioner Belfiore expressed interest in keeping a log and notification system for bulk purchases, and possibly criminalizing the possession of mass quantities.
It was decided to have the committee do some research on the legislation and have a meeting addressing the issue at a later time.
A motion was made to adjourn the Health Committee by Legislator Alvarado, with a 2nd by Legislator Abinanti. Health Adjourned 2:26
Chair Rogwsky gave an update on holding a committee meeting and/or a public hearing on identity theft.
Motion to approve the minutes of March 14, 1, and February 22 2nd by Legislator Abinanti. The motion carried.
Motion to Adjourn by Legislator Pinto
Legislation Adjourned 2:29
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