ALBANY COUNTY SAYS NO TO PROPOSED FORFEITURE LAW

Albany -- Legislators call the plan to seize cash and cars of suspects in
minor drug cases unfair

A proposal to allow police to seize the cash and cars of drug suspects
arrested on minor drug charges failed Monday as county legislators called
the law illegal and potentially unfair.

While lawmakers said they favor trying to deter drug sales, most said a
forfeiture law was the business of the state, not the county. Some said the
whole concept of seizing property on arrest was fundamentally wrong.

"I was always kind of partial to the idea of giving somebody a trial before
you convict them," said Paul Collins, an Albany Democrat.

The bill, endorsed by Albany Democrat Gary Domalewicz and Colonie
Republicans Peter Crummey and Gavin Donohue, was defeated across party lines
25-12.

Donohue portrayed the law, similar to those enacted in five other New York
state counties including Columbia and Rensselaer, as a way to discourage New
York City drug dealers from coming north.

The law would have allowed police to seize up to $1,000 in cash and $5,000
in other property when arresting someone on misdemeanor drug charges.
Current federal law allows seizures above those thresholds.

In addition to the law's legality, which County Attorney Michael Lynch had
also questioned, legislators warned it could be wielded unfairly. Mary Lou
Connelly of Guilderland speculated, for example, that a single mother might
lose her car if a child were arrested. Collins noted, too, that for the
forfeiture to become permanent, a suspect would need to be convicted only of
an "offense" -- leaving open the possibility that a person cleared of drug
charges but convicted of speeding would still lose their money and car.

And Lucille McKnight, who represents Albany's South End, said the law would
likely hurt minorities, who she said are unfairly targeted by police. She
called it "unconstitutional, unfair and inhumane."

Domalewicz shrugged off the defeat, stating, "That's the great thing about
the Democratic Party; we don't walk lockstep. I think everyone pretty much
made their minds up on this law three months ago."

The legislature on Monday also began reviewing a proposal to follow the
state's lead and eliminate the county's 4 percent sales tax on clothing and
footwear under $110. But while a public hearing was set for May 25 at the
County Court House and a committee review will follow, the proposal appears
doomed.

Monday night saw a show of opposition from Democratic and GOP mayors and
town supervisors, including Albany Mayor Jerry Jennings and Colonie
Supervisor Mary Brizzell. They warned that the lost sales tax revenue --
estimated at $10.2 million annually, $4.7 million of which would otherwise
go to communities -- would have to be made up for in property tax hikes.

County Comptroller Michael Conners also noted that an estimated 46 percent
of that money comes from non-county residents, so people living in the
county would have to make up millions more than they would save. While
County Executive Michael Breslin favors the bill, Conners opposes it and
Democratic Majority Leader Frank Commisso
predicted it will be defeated.