October11

COMMITTEE ON LEGISLATION

MINUTES: October 11, 2005

LEGISLATION MEMBERS: Chair: Rogowsky; Legislators: Pinto, Myers, Burrows, Stewart-Cousins, Abinanti, Oros

IN ATTENDANCE: CEO: B. Randolph, A. Neuman; CA: B. McGrath, E. Cipollo; CONSUMER AFFAIRS: E. Price, J. Gaccione; BOL: S. Bass

With a quorum present, the Committee on Legislation was called to order at 1:41 p.m.

PRICE GOUGING
Elaine Price, Westchester County Director of Consumer Protection discussed the issue of price gouging. She does not believe we can do anything on this issue because of the New York State Price gouging statute. There needs to be abnormal destruction or a state of emergency. The Department of Consumer Protection reviews a case and recommends on whether the New York State Attorney General should go to court. The Attorney General could then bring the issue to court if a problem exists. He does not have the power to do something on his own. It is a question of law for the court.

It is not clear that even if the Attorney General chooses to go to court that he has any authority to do anything. There is case law on the subject which Ms. Price will share with the County Attorney’s office. Many people may argue that price fixing is a federal issue particularly on gas pricing and petroleum. The intent of Congress is that prices for petroleum products should be set by a market free from regulatory restraints.

Legislator Burrows asked for a copy of New York State law which prevents the county to require gas stations to list the sale price of gasoline on all of the gas pumps throughout the county.

The committee expressed an interest in following up on this issue. Chair Rogowsky asked the County Attorney’s office to see if there is a role for the county without going to the State Attorney General. We need to find out if the county can act on behalf of the Attorney General and go to court.

AEROSOL DUSTER PROHIBITION
Legislator Oros discussed his proposal for Aerosol Duster Prohibition. Some kids have inhaled this air to get high. Unfortunately, this can result in a stroke or death because it cuts oxygen to the brain. We can work with the Health Committee to help build a record to show the need of a prohibition for Aerosol Dusters. We will invite the Health Department in to discuss this subject.

SEX OFFENDER LEGISLATION
Legislator Oros would like to require a buffer zone around county facilities which will prevent all pedophiles or all sex offenders from living within a certain number of feet within the zone. This should pertain to any facility frequented by minors. Legislator Astorino’s proposal would prevent the county from housing sex offenders near certain facilities such as hospitals and schools. There was discussion about how much authority the state has given the county to legislate such zoning. Chair Rogowsky asked staff to research pending state legislation which regulates housing sex offenders for the committee to discuss at a future meeting.

MINUTES
(Myers, Pinto) move to approve the minutes of September 26, 2005. Motion approved 6-0.

The Chair announced at upcoming meetings we will discuss Eminent Domain, Identity Theft, and a Horse Licensing law.

(Stewart-Cousins, Myers) Move to adjourn the Committee on Legislation. Motion passed 6-0. Committee adjourned at 2:58 pm.