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COMMITTEE ON LEGISLATION JOINT WITH THE COMMITTEE ON ENVIRONMENT & ENERGY

MINUTES: February 6, 2006

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

ENVIRONMENT & ENERGY MEMBERS: Chair: Abinanti; Legislators: Rogowsky, Stewart-Cousins, Kaplowitz, Myers

IN ATTENDANCE: CEO: B. Randolph, A. Neuman, K. Ryan; CA: E. Cipollo, B. McGrath; YOUTH: M. Furtick; BOL: B. Bochow, S. Bass, T. Bernard, M. Amodio; GUESTS: P. Duggan, B. Panaitesa, E. Pepper, J. Dunn, L. Jones, A. Govish

With a quorum present, the Committee on Legislation was called to order at 1:06 p.m.

With a quorum present, the Committee on Environment & Energy was called to order at 1:09 p.m.

ITEMS FOR DISCUSSION:

Joint with Committee on Environment & Energy

(Bronz, Myers) moved for the Committee on Legislation; (Kaplowitz, Stewart-Cousins) moved for the Committee on Environment & Energy the following items:

1) LEG #1 – Local Law with respect to the disposal of cellular telephones.
2) LEG #2b – Act requiring all diesel-powered vehicles be powered by ultra-low sulfur diesel fuel.
3) LEG #2c – Local Law with respect to idling time of diesel powered vehicles.

Legislator Rogowsky asked, for the record, if the County has satisfied the availability and pricing for the ultra-low diesel fuel to municipalities.

Legislator Abinanti responded that County has ready access to a large quantity of Ultra-Low Sulfur Diesel Fuel, and that the County has a contract, which they have made available to all municipalities.

Motion carried. All three items were signed out of the Committee on Legislation for all purposes by a vote of 7-0.

Motion carried. All three items were signed out of the Committee on Environment & Energy for all purposes by a vote of 5-0.

(Stewart-Cousins, Kaplowitz) move to adjourn the Committee on Environment & Energy. Motion passed 5-0. Committee on Environment & Energy adjourned at 1:16 p.m.

4) LEG #5 – Local Law making certain amendments to the County Youth Bureau Charter

Marlene Furtick, County Youth Bureau, pointed to the recognition of a duplication of work that the Youth Board and staff were performing. There are currently five (5) members of the Board that are youth, and for this reason, the proposed amendment would drop the age requirement be dropped from 18 to 15 years of age, as young people were not given adequate time to learn the ins and outs and become more involved. The Committee on Urban Youth was also determined to be outdated because since 2001 all the counties of New York State have an integrated service plan. Also, it has been difficult to get a quorum at meetings, and therefore the quorum would be changed to a simple majority of the Board.

(Bronz, Abinanti) moved the local law making certain amendments to the County Youth Bureau Charter. The motion carried and was signed out of the Committee on Legislation for all purposes by a vote of 7-0.

Rogowsky, Bronz) moved to recess the Committee on Legislation. Motion passed 7-0. Committee on Legislation recessed at 1:29 p.m.

With a quorum present, the Committee on Legislation reconvened at 2:10 p.m.

5) 2006 Joint State Legislative Package

Chaiman Young asked the Committee to give attention to his letter and proposed deletes to the Legislators’ Referral spreadsheet.

(Abinanti, Oros) moved that the following Legislator Referral items be deleted from the State Legislative package:

3. Require "boat safety class" insurance rate reduction
5. Election Law Absentee Ballot Reform
11. Opposition of Senate and Assembly Bills proposing an amendment to the Real Property Tax Law
14. Senior Citizen Apartments - retrofit all elevators to automatic sensor
15. Veterans - re-introduce legislation allowing all veterans who retired prior to October 2000 to be offered additional credit based upon service years and payment to be paid only after joining.
16. Crosswalks be revised to include crossing-lines upon button operation, otherwise on timed cycle, to allow for easier crossing
20. Supporting lobbying of federal government to make suitable changes to Medicare Part D.
21. Supporting Kieran's Law, which allows information supplied by the FBI to be processed by an official office of government and given to parents so that they can learn of any criminal history on the record before hiring a caregiver.
22. Supporting the monitoring of births of children by women who have previously abused a child or are living with a person who has abused a child.
29. Amending the penal law, in relation to imposing a mandatory prison sentence for the use or display of a firearm or rifle in the commission of a violent felony offense
31. Amends Insurance Law as it relates to the processing of claims for services rendered by specialists by allowing the specialist to have the insurance company have a specialist in the same field review the claim
32. Amends the insurance law and the public health law to require insurers to adhere to the AMA's Current Procedural Technology to create uniformity across the insurance industry in relation to submission of claims by medical providers
33. Prohibits financial institutions from charging a fee to a customer based on account inactivity
34. Provides that a court may require that a new election be held when there is clear and convincing evidence that the wrong candidate was determined to be the winner
35. Provides that consumer reporting agency may not consider that a person requested a rate quote when determining that person's credit score
38. To amend the insurance law, in relation to the display of participating physicians on an insurance provider's website
39. Act amending the environmental conservation law, in relation to environmental quality review
40. The prohibition of junk food from public school vending machines
41. The increase of the purchasing age for tobacco and tobacco products from 18 to 19 years of age
42. The expansion of product list to include renewable energy sources such as wind which may be purchased for public use
44. The requirement of training for all members of municipal planning and zoning

Motion carried. The above Legislator Referrals were deleted by a vote of 7-0.

The Committee turned its attention to the remaining Legislator Referrals for the purpose of further refining Legislators’ items for the 2006 Joint Legislative Package.

(Myers, Rogowky) motioned to remove the following Legislator Referrals:

1. State "local land use option" legislation (Right of First Refusal)
17. Eminent Domain Reform Legislation to restrict the use of eminent domain powers only to facilitate public uses
18. New Legislation that would ease the burden of the price surge in gasoline and home heating oil for all resident of NYS. Include a measure to ease the burden on seniors
19. Supporting legislation limiting the chances of identity theft by prohibiting employers in New York State from putting social security numbers on checks, drafts, or vouchers issued to employees.
27. Elimination of the New Rochelle Toll Booths on the New England Thruway
30. Amending the real property tax law, in relation to freezing the taxes on real property owned and occupied by persons sixty-five years of age or older
36. Prohibits employers from using an employee's social security number for identification purposes
45. Creates the family health care decision act; establishes procedures for family members, surrogates and others close to an incapacitated patient making healthcare decisions on behalf of patients unable to decide about treatment for themselves.
46. Legislation supporting a Kinship Care program and funding for grandparents and other older relatives who are caring for children

Motion carried. The above Legislator Referrals were deleted by a vote of 6-0.

(Myers, Abinanti) move to adjourn the Committee on Legislation. Motion passed 6-0. Committee on Legislation adjourned at 2:38 p.m.

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