COMMITTEE ON LEGISLATION

MINUTES – november 6, 2000

 

members:       Stewart-Cousins (Chair), Ryan, Mosiello, Oros,  Bronz, Maisano.

 

staff:               Adenekan, Bass

 

GUEST:              Liz Salvi, (Cty Atty), Kim Anan (Verizon Wireless)                         

                             William Randolph (CE), Kevin Moore (Verizon

                             Wireless), Daniel Mullin(Verizon Wireless), Cathy

                             Wyngarden(Nextel), Jamie Hastings(Voice Stream),

                             John Liantonio(AT&T Wireless), Cary Hinton(Sprint

                             PCS)

 

The Chair called the meeting to order at 1:05 p.m.

 

After introduction of the guest and the legislators, the Chair asked County Attorney, Alan Scheinkman to address the issue on the use of phones while operating a motor vehicle. 

 

Mr. Scheinkman stated that there are two cellular phone pieces of legislation.  One prohibits the use of hand-held cellular phones while operating a motor vehicle on any public streets or highways in the County.  The other would not prohibit the use of hand-held cellular phones to contact law enforcement officials or other emergency personnel or when the motor vehicle is parked.  It would not prohibit the use of a speakerphone.  He also stated that one piece of legislation would deal with only the County public highways and streets.  The other legislation focuses on the County owned roads. The Westchester County Department of Public Safety and other law enforcement agents would enforce this legislation.

 

The Chair asked Ms. Jamie Hastings, Voice Stream Wireless to address the issue.

 

Ms. Hastings stated that the industry believes that this type of ordinance should be in the State not local jurisdiction and there could

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be an enforcement problem.  She further stated that the New York State Police note that “pulling over” to use your cell phone may be more dangerous than using the phone while driving.   She also stated that the industry has worked with the State of New Jersey to pass a resolution currently in the Assembly.  The State of New Jersey feels that there is not enough data to associate accidents with phone use. Other states such as Oklahoma, Minnesota, Pennsylvania are doing studies.  Ms. Hastings stated that she would welcome the support of the BOL in going to Albany to discuss this issue.

 

Mr. Daniel Mullin, Director of State Public Policy for Verizon Wireless, stated that Verizon Wireless is the first in the industry to support a statewide hands-free legislation. Mr. Mullin stated that Verizon Wireless supports hand-free legislation in New York with certain conditions: The state law must ensure complete uniformity of New York.  It must explicitly exempt emergency calls.  Similar to the seat-belt law, the hands-free legislation must have a three-year “phase-in” period.

 

The Chair stated that both sides of the issue have been discussed and this could be part of the Annual State Legislative Package.  She thanked the guest for their presentations.

 

WEAPON-FREE SCHOOL ZONE LAW

The Chair asked Mr. Scheinkman, County Attorney to address this issue.

Mr. Scheinkman introduced changes to the proposed legislation scheduled for a public hearing on November 13, after a meeting scheduled by Legislator Mosiello between Mr. Schwartz and Mr. Sommervilla of the Westchester County Fireowners Association.  As an outcome of that meeting, these changes were made.

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Mr. Scheinkman pointed out the changes to the legislation.

      Page 1 – delete 532.61 Petitions to expand or contract school zones.

      Page  4 -  under 532.11, section 2, delete Subdivision “1” of this section; 2a  - delete zone provided that such possession is not otherwise unlawful.

      Page 5  - 2b  delete – provided that such possession is not otherwise unlawful.  2c delete – provided that such possession is otherwise lawful pursuant to the terms of Article 11, Title 9 of the New York State Environment Conservation Law.  2e  delete – provided that such possession is not otherwise unlawful.

      Page 6  - 2f – delete – provided that such possession is not otherwise unlawful.  2g – after carried add, in the immediate possession of control or ………. delete provided that such possession is not otherwise unlawful.  2h  delete  - provided that such possession is not otherwise unlawful. 

      Page 7  -  at the end of 2i  - provided that such possession is not otherwise unlawful.

 

After discussion of the changes, Legislator Mosiello moved to amend the legislation as discussed.  Legislator Ryan seconded.  All in favor 5-0.

IMA – for hire with the town of North Castle

Mr. Scheinkman stated that this was a situation that the TLC was able to work out with the Town of North Castle.  He further stated that this was the first IMA and other municipalities that would like to proceed on the same basis could do so.

 

The Chair thanked Mr. Scheinkman.

MINUTES – OCTOBER 23, 2000

Legislator Bronz approved the minutes, seconded by Legislator Ryan.  All in favor 5-0.

 

Legislator Mosiello made a motion to adjourn.  Seconded by Legislator Ryan.  All in favor 5-0.

 

The meeting ended at 2:35 p.m.