COMMITTEE ON LEGISLATION
MINUTES
MINUTES: January 17, 2007
LEGISLATION MEMBERS: Legislators: Young(acting Chair), Bronz, Myers, Rogowsky, Abinanti, Oros, Burrows
IN ATTENDANCE: CEO: K. Pasquale, A. Neuman, B. Randolph; WCPD: F. Donovan, D. Long; CC: T. Idoni, B. McGrath, E. Songer McCarthy; CA: L. Cipollo; DPS: F. Donovan, D. Long; BOL: S. Bass, B. Bochow, GUESTS: R. MacLaughlin, C. Crane, S. Sommavilla, R. McGrath
With a quorum present, the Committee on Legislation was called to order at 1:06 p.m.
MINUTES
(Myers, Burrows) Move to approve the minutes of July 24, 2006. Motion passed 6-0.
COUNTY EXECUTIVE STATE LEGISLATIVE PACKAGE PROPOSALS
Karen Pasquale of the County Executives Office gave an overview of a number of the items which is being proposed for the 2007 Joint State Legislative Package.
CE2-Pistol Permit issuing process
There was a lengthy discussion of the reform of the pistol permit issuing process. County Clerk Tim Idoni supports the legislation and spoke about why he believes a change is in order. He performed a major audit of the process and found discrepancies in the way pistol permits were being handled. The Public Safety Department has its own internal way of looking at particularly a full carry application, that the county clerk or a judge would not. Some people are still able to shortcut the process and he believes the current system is broken.
The Department of Public Safety talked about how the current process works.
Scott Sommavilla of the Westchester County Firearm Owners Association expressed his opposition to the proposed change.
Legislators Abinanti and Burrows stated they would prefer to amend New York State Penal law to put in specific standards defining what “proper cause” is.
Mr. Oros and Mr. Abinanti stated concerns about putting licensing powers in the hands of the agency that is responsible for enforcement of the licenses.
Mr. Rogowsky suggested we set up a separate committee to study gun licensing and write a letter to the Administrative Judge Nicolai to set up a review of the matter.
Mr. Long informs the Committee that a prior arrest history does not automatically preclude one from being recommended for a pistol permit.
Ms. Pasquale informed the Committee that the Westchester County District Attorney was also supportive of the legislation. The Board will be receiving a letter from her soon.
CE3-Require local fiscal impact notes on state legislation that impacts local governments
This will require state legislation to outline what the financial impact will be on a local budget. The Governor and state legislative leadership announced they would to include such language in bills.
Committee members asked why they need to include this if it’s going to be adopted. It was suggested to send a separate letter of support in order to keep state requests to a minimum.
CE4-Move state parole violators from county jails to regional centers operated by the state.
Request that that state parole violators be moved quickly out of county facilities and be placed in state custody. They want to expedite getting these state prisoners out of our system where they are crowding county facilities and causing additional expenses to the county. The overall goal is to move the parole violators (not including violators charged with additional local crimes) to the nearest state facility as soon as possible.
Committee members discuss the implications of such a request in the structure of the current state and county penitentiary system.
CE5-Reform the WICKS law.
This is a request to modify for legislation to modify the WICKS Law by increasing the dollar value of projects that qualify to a minimum of $1 million for projects and build in an adjustment for inflation. This is consistent with what Governor Spitzer and Governor Pataki proposed.
Committee members request clarification of the basis for the new $1 million minimum, and discuss the possibility of requesting a minimum in excess of $1 million, which Ms. Pasquale says her office would not be opposed to.
CE6-Continue the Medicaid Cap
The cap was instituted in 2005. It has been successful in controlling Medicaid costs. The law is not clear on whether the cap should continue. We need to make sure this is clarified and that the cap is made permanent. NYSAC is also supporting such a measure.
Ms. Pasquale requests clarifying language in the bill to ensure that the Medicaid Cap becomes permanent.
Legislator Rogowsky prefers to fight for a higher cap which leads to permanent state take over of Medicaid.
CE7-Require Medicaid recipients to report & NYS to track employer health care information.
This study may be a way to help control Medicaid costs. Too many businesses do not offer health insurance, offer very costly options, or inadequate coverage. This forces too many employees to choose Medicaid instead.
Legislator Abinanti expressed support for the item but asked to include an exemption in the study for people with disabilities.
CE8-Strengthen counties’ authority to pursue child support from dead beat parents.
New York State require public utility companies provide child support agencies with electronic access to their customer records. This will enable to quickly search for non-custodial parents who have outstanding child support obligations.
Leg. Abinanti raises concerns as to accidentally violating the privacy of records of individuals with the same or similar names to the intended subjects.
Ms. Pasquale states that a success rate in identifying and recouping owed funds from dead beat parents 20% of the time would lead to additional collections of approximately $5 million.
CE9-Restore F.I.T Charge Back
Restore counties’ ability to be reimbursed by the state for non-resident tuition for the Fashion Institute of Technology.
(Abinanti, Myers) Move to adjourn The Committee on Legislation. Motion passed 5-0. Committee on Legislation adjourned at 2:26 p.m.
COMPLETE AUDIO RECORDING ON FILE FOR REVIEW UPON REQUEST.
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