L.L. 2018/160

Enactment date: 9/4/2018  

Preconsidered Int. No. 1089

By the Speaker (Council Member Johnson), Council Members Rodriguez, Ampry-Samuel, Lander, Gjonaj, Rosenthal, Adams, Levin, Gibson and Ayala

A Local Law to amend the administrative code of the city of New York, in relation to imposing liability on vehicle owners for failure to comply with maximum speed limits in school speed zones

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. This local law takes effect immediately, and

   (i)   shall expire and be deemed repealed upon the effective date of a chapter of the laws of New York enacted on or after the effective date of this local law that results in a photo speed violation monitoring program in the city of New York that is identical to, substantially similar to or more expansive in scope than the program that would result from the enactment of A. 7798-C, as passed by the New York state assembly on June 18, 2018; provided that the corporation counsel shall notify the New York state legislative bill drafting commission upon the enactment of such a chapter in order that the commission may maintain an accurate and timely effective database of the official text of the New York administrative code in furtherance of effectuating the provisions of section 70-b of the public officers law, and notify relevant publishers in furtherance of effectuating the provisions of section 7-111 of the administrative code; and provided further that failure to provide the notifications described in this section shall not affect the expiration and repeal of this local law; and

   (ii)   all actions and proceedings, civil or administrative, commenced under or by virtue of any provision of this local law, and pending immediately prior to the taking effect of the expiration and repeal of this local law, may be continued and defended to final effect in the same manner as they might be if such provisions were not repealed.

L.L. 2018/161

Enactment date: 9/8/2018  

Int. No. 965-A

By Council Members Espinal, Ampry-Samuel, Koslowitz and Borelli

A Local Law in relation to applications for retail dealer licenses for sale of cigarettes or tobacco products

Be it enacted by the Council as follows:

Section 1. For 60 days following the effective date of this local law, subparagraph (D) of paragraph 1 of subdivision d of section 20-202 of the administrative code of the city of New York shall not apply to any applicant for a retail dealer license that (i) held a valid and current certificate of registration pursuant to paragraph (a) of subdivision 1 of section 480-a of the tax law on February 24, 2018 for use at the same address as the premises address provided by the applicant on its retail dealer license application, (ii) has not engaged in the retail sale of cigarettes at any time after February 24, 2015, and (iii) had not applied for a retail dealer license pursuant to subdivision a of section 20-202 of the administrative code of the city of New York at any time after February 24, 2015 and before February 24, 2018. For the purposes of this local law, any applicant that, after February 24, 2015, held a retail dealer license pursuant to subdivision a of section 20-202 of the administrative code of the city of New York or was found to have engaged in the retail sale of cigarettes without such license shall be deemed to have engaged in the retail sale of cigarettes.

§ 2. For any violation of subdivision a of section 20-202 of the administrative code of the city of New York issued on or after the effective date of local law 146 for the year 2017 and before 90 days after the effective date of this local law, it shall be an affirmative defense that the person issued the violation (i) applied for a retail dealer license after such effective date, (ii) has not engaged in the retail sale of cigarettes as described in section one of this local law at any time after February 24, 2015, (iii) held a valid and current certificate of registration pursuant to paragraph (a) of subdivision 1 of section 480-a of the tax law on February 24, 2018 for use at the same address at which the violation was issued, and (iv) had not applied for a retail dealer license pursuant to subdivision a of section 20-202 of the administrative code of the city of New York at any time after February 24, 2015 and before February 24, 2018. This section shall not apply to a person issued a tobacco retail dealer license pursuant to paragraph 4 of subdivision e of section 20-202 of the administrative code of the city of New York. This section shall not apply to a person whose retail dealer license application was denied after having been submitted pursuant to section one of this local law, for any violation issued after such denial. A determination by the office of administrative trials and hearings that a person meets the affirmative defense in this section shall not affect any determination of whether an applicant meets the criteria in section one of this local law or any other criteria related to an application for a retail dealer license.

§ 3. A license issued pursuant to section one of this local law shall not affect the calculation of the initial community district retail dealer cap determined by the department of consumer affairs pursuant to paragraph 1 of subdivision e of section 20-202 of the administrative code of the city of New York, or any recommendations by the department of health and mental hygiene to further reduce the community district retail dealer cap pursuant to paragraph 2 of such subdivision.

§ 4. This local law takes effect 30 days after it becomes law.

L.L. 2018/162

Enactment date: 9/8/2018  

Preconsidered Int. No. 1087

By Council Members Williams, Cumbo, Eugene and Barron

A Local Law in relation to the naming of one thoroughfare and public place, Jean-Jacques Dessalines Boulevard in the Borough of Brooklyn.

Be it enacted by the Council as follows:

Section 1. The following street name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Jean-Jacques Dessalines Boulevard	Rogers Avenue	Between Farragut Road and Eastern Parkway

 

§ 2. This local law shall take effect immediately.

L.L. 2018/164

Enactment date: 10/13/2018  

Int. No. 447-A

By Council Members Dromm and Rivera

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to report on the rate of emergency lock-ins

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. This local law takes effect immediately, except the reporting required pursuant to paragraphs 6 through 10 of subdivision b of section 9-155 of the administrative code of the city of New York shall be due no later than sixty days following the end of the quarter beginning July 1, 2019.

L.L. 2018/169

Enactment date: 10/13/2018  

Int. No. 989-A

By the Speaker (Council Member Johnson) and Council Members Rodriguez, Levin, Kallos and Rivera

A Local Law in relation to designating community information centers in the boroughs of Manhattan and Brooklyn during the course of the Canarsie Tunnel closure starting in 2019

Be it enacted by the Council as follows:

Section 1. Definitions.

   a.   For purposes of this section, the term "community information center" means a site where members of the public can obtain information on the status and progress of the Canarsie Tunnel closure starting in 2019 as well as referrals to resources to assist members of the public with concerns they may have as a result of the Canarsie Tunnel closure starting in 2019.

   b.   By November 1, 2018, in coordination with the metropolitan transportation authority, the department of transportation shall designate at least one community information center in each of the boroughs of Manhattan and Brooklyn for the purpose of providing information on the Canarsie Tunnel closure starting in 2019 and resources for affected residents, commuters and businesses. Such community information centers shall be available at least during business hours and located in the geographic areas most affected by the Canarsie Tunnel closure starting in 2019 within the respective boroughs.

§ 2. This local law takes effect immediately and is deemed repealed upon the earlier of three years after it becomes law or the announcement by the metropolitan transportation authority of the restoration of regular subway passenger service in the Canarsie Tunnel, provided that the commissioner of transportation shall notify the speaker of the council upon such announcement by the metropolitan transportation authority in order that the council may maintain an accurate database of the local laws of the city.

L.L. 2018/170

Enactment date: 10/13/2018  

Int. No. 990-A

By the Speaker (Council Member Johnson) and Council Members Rodriguez, Levin, Yeger, Holden, Kallos and Rivera

A Local Law in relation to establishing an ombudsperson within the department of transportation

Be it enacted by the Council as follows:

Section 1. The commissioner of transportation shall designate an ombudsperson whose duties shall include:

   1.   monitoring the progress and status of the department's projects related to the Canarsie Tunnel closure starting in 2019;

   2.   establishing a system to receive comments and complaints from the public with respect to such projects; and

   3.   investigating such comments and complaints and taking appropriate action within a reasonable amount of time.

§ 2. This local law takes effect 120 days after it becomes law, except that the department of transportation shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, prior to such date.

§ 3. This local law expires and is deemed repealed upon the earlier of three years after it becomes law or the announcement by the metropolitan transportation authority of the restoration of regular subway passenger service in the Canarsie Tunnel, provided that the commissioner of transportation shall notify the speaker of the council upon such announcement by the metropolitan transportation authority in order that the council may maintain an accurate database of the local laws of the city.

L.L. 2018/177

Enactment date: 10/27/2018  

Int. No. 735-A

By Council Members Matteo and Yeger

A Local Law to amend the New York city charter, in relation to the advisory opinions of the conflicts of interest board, and to repeal paragraph 4 of subdivision c of section 2603 in relation thereto

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. Not later than May 1, 2020, the conflicts of interest board shall initiate a rulemaking to adopt, as interpretive of the provisions of this chapter, any advisory opinion of the board issued after the year 1990 and before the enactment date of this local law which the board determines to be consistent with and to have interpretive value in construing the provisions of this chapter and which either (a) establishes a test, standard or criterion; or (b) is anticipated by the board to be the subject of future advisory opinion requests from multiple persons. This section shall not be construed as prohibiting the adoption of any rule after May 1, 2020, the subject of which was addressed in an advisory opinion considered pursuant to this section.

§ 3. This local law takes effect immediately.