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COMMITTEE ON LEGISLATION JOINT WITH THE COMMITTEE ON ENVIRONMENT & ENERGY

MINUTES: February 21, 2006

LEGISLATION

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

IN ATTENDANCE: CEO: B. Randolph, A. Neuman, K. Ryan; CA: E. Cipollo, B. McGrath; LWVW: R. MacLaughlin; BOL: V. Pinto, B. Bochow, S. Bass, M. Amodio; PRESS: L. Anderson (Journal News) GUESTS: R. Pellegrino

With a quorum present, the Committee on Legislation was called to order at 10:16 a.m.

ITEMS FOR DISCUSSION:

2006 Joint State Legislative Program

Chairman Young sited the receipt of a letter dated February 9, 2006 from the League of Women Voters of Westchester (LWVW) asking the Committee to include, in the 2006 Joint State Legislative Program, a request urging the Westchester delegation in Albany to play in active role in pressing the State Board of Elections to meet standards set by the Help America Vote Act (HAVA). After some discussion it was agreed that the Committee would not include the issue in the Program, but would give the issue the individual attention it deserves during the current legislative term.

The County Executive’s office re-submitted the following items for consideration:

1. Enact a civil confinement law for sexually violent offenders

2. Require sex offenders to register every 30 days

3. Criminalize the act of harboring a sex offender

Chairman Ryan and Legislator Rogowsky submitted the following item for consideration:

19. Public Utility Lemon Law

Chairman Young also indicated that on Item 14 (Removal of Yonkers Toll Plaza) will now include the Removal of the New Rochelle Toll Plaza, as well.

As the Committee has already discussed each of the items remaining in the working Program, they ran through the items in the most updated version of the Table of Contents for the purpose of determining which items would be included in the final 2006 Joint State Legislative Program.

With regard to Item 9: Authorize to suspend drivers’ licenses and vehicle registrations of those in violation of TLC rules and regulations, Legislator Abinanti reaffirmed his request for a report from the County Attorney as to why the current law is not sufficient to enforce violations. During a later conversation regarding Item 9, Legislator Stewart-Cousins made a request for statistics regarding the outstanding violations in Yonkers.

Concerning Item 12: Provide a property tax exemption for active duty troops in combat zones, it was agreed to amend the proposed legislation to include Westchester specific language. The legislation would then support State legislation authorizing Westchester County to offer a property tax exemption to active duty troops who are currently serving in a combat zone.

(Abinanti, Oros) move to have the following items stand as the entire 2006 Joint State Legislative Package:

5. Require safety features on garbage trucks to better protect workers

10. Increase radiological preparedness fees to counties with nuclear power plants

11. Authorize Westchester County to charge sex offense probationers a fee for polygraph testing

12. Provide a property tax exemption for active duty troops in combat zones (with Westchester-specific language)

13. Ensure the Continued Availability of Low-Cost Power to Retain and Expand Jobs

14. Remove Yonkers/New Rochelle Toll Plazas

15. Allow safety course training on actual firearms and expedite license amendment process

16. Support Legislation regarding zone pricing

17. Support Smart Metering initiative

18. Support Westchester County Health Care Corporation’s effort to secure financial assistance from New York State

20. Amending pesticide applicator notification to multi-family buildings

21. Reduce Unfunded Mandates:

(a) Require 3rd party insurance reimbursement for early intervention services

(b) Cap county costs under the pre-k program
(c) Require the State Education Department to pay for all excess committee on preschool special education administrative costs

(d) Eliminate the cap on state aid reimbursement for transportation of

(e) Preschoolers with special needs
(f) Reduce Medicaid by ten percent for the next ten years

23. Implement a dual track child protective program

Motion failed by a vote of 2-4. Legislators Abinanti and Oros voted in the affirmative.

(Rogowsky, Burrows) move to have the following items stand as the entire 2006 Joint State Legislative Program:

1. Enact civil confinement law for sexually violent offenders

2. Require sex offenders to register every thirty (30) days

4. Require nationwide criminal history checks of foster & adoptive families

5. Require safety features on garbage trucks to better protect workers

6. Permit pharmacists to vaccinate and nurses to dispense medications

The Committee agreed that Items 7 & 8 were to be combined to represent one item in the final State Legislative Package

7. Expand penalties for underage drinking

8. Authorize DMV to suspend liquor and lottery licenses of retailers that sell alcohol to persons under twenty-one years of age

10. Increase radiological preparedness fees to counties with nuclear power plants

11. Authorize Westchester County to charge sex offense probationers a fee for polygraph testing

12. Provide a property tax exemption for active duty troops in combat zones (with Westchester-specific language)

13. Ensure the Continued Availability of Low-Cost Power to Retain and Expand Jobs

14. Remove Yonkers/New Rochelle Toll Plazas

15. Allow safety course training on actual firearms and expedite license amendment process

16. Support Legislation regarding zone pricing

17. Support Smart Metering initiative

18. Support Westchester County Health Care Corporation’s effort to secure financial assistance from New York State

20. Amending pesticide applicator notification to multi-family buildings

21. Reduce Unfunded Mandates:

(a) Require 3rd party insurance reimbursement for early intervention services

(b) Cap county costs under the pre-k program
(c) Require the State Education Department to pay for all excess committee on preschool special education administrative costs

(d) Eliminate the cap on state aid reimbursement for transportation of

(e) Preschoolers with special needs
(f) Reduce Medicaid by ten percent for the next ten years

23. Implement a dual track child protective program

The motion passed by a vote of 4-1. Legislator Oros voted in the negative.

Legislator Pinto asked Chair Young and the Committee to act on LEG Item #18 which is a Home Rule Request: Resolution requesting that the Board of Legislators approve a Home Rule request for the enactment of Assembly Bill A.9753/Senate Bill S.6593 (parkland discontinuance).

(Oros, Rogowsky) move to sign out the resolution requesting that the BOL approve the Home Rule request for the enactment of Assembly Bill A.9753/Senate Bill S.6593.

Motion passed 5-0.

(Rogowsky, Myers) move to adjourn the Committee on Legislation. Motion passed 5-0. Committee on Legislation adjourned at 11:51 a.m.

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