2007

L.L. 2007/002

Enactment date: 1/17/2007

Int. No. 495

By Council Members Weprin, Gerson and Seabrook (by request of the Mayor)

A Local Law in relation to the date of submission by the mayor of a preliminary management report and the date prior to which the council shall conduct public hearings and the date by which the council shall submit a report or reports pertaining thereto, the date of submission by the director of management and budget and the director of city planning of a draft ten-year capital strategy, the date of submission by the city planning commission of a report on the draft ten-year capital strategy, the date of submission by the mayor of the preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects, the date of submission by the mayor of the preliminary budget, the date of publication by the director of the independent budget office of a report on revenues and expenditures, the date of submission by the community boards of statements in regard to the preliminary budget, the date of submission by the commissioner of finance of an estimate of the assessed valuation of real property and statement of real property taxes due, expected to be received, and uncollected, the date of submission by the mayor of a tax benefit report, the date of submission by the borough boards of statements on budget priorities, the date of submission by the council of estimates of the financial needs of the council, the date of submission by the borough presidents of proposed modifications of the preliminary budget, the date of publication by the director of the independent budget office of a report analyzing the preliminary budget, the date by which the council shall hold hearings and submit recommendations in regard to the preliminary budget, and the date of submission by the campaign finance board of estimates of the financial needs of the campaign finance board, relating to the fiscal year two thousand eight.

Be it enacted by the Council as follows:

Section 1. During the calendar year 2007 and in relation to the 2008 fiscal year:

   1.   Notwithstanding any inconsistent provisions of section 12 of the New York city charter, as amended by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a preliminary management report as therein described not later than February 23, 2007, and the council shall conduct public hearings on such report prior to April 17, 2007 and submit to the mayor and make public not later than April 17, 2007, a report or reports of findings and recommendations.

   2.   Notwithstanding any inconsistent provisions of section 228 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of management and budget and the director of city planning shall pursuant to such section jointly submit a draft ten-year capital strategy as therein described not later than February 12, 2007.

   3.   Notwithstanding any inconsistent provisions of section 234 of the New York city charter, as added by vote of the electors on November 7, 1989, the city planning commission shall pursuant to such section submit a report on the draft ten-year capital strategy as therein described not later than March 28, 2007.

   4.   Notwithstanding any inconsistent provisions of section 235 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit and publish a preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects as therein described not later than February 12, 2007.

   5.   Notwithstanding any inconsistent provisions of section 236 of the New York city charter, as amended by local law number 25 for the year 1998, the mayor shall pursuant to such section submit a preliminary budget as therein described not later than February 12, 2007.

   6.   Notwithstanding any inconsistent provisions of section 237 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of the independent budget office shall publish a report on revenues and expenditures as therein described on or before February 23, 2007.

   7.   Notwithstanding any inconsistent provisions of section 238 of the New York city charter, as added by vote of the electors on November 7, 1989, each community board shall pursuant to such section submit a statement and recommendations in regard to the preliminary budget as therein described not later than February 26, 2007.

   8.   Notwithstanding any inconsistent provisions of section 239 of the New York city charter, as added by vote of the electors on November 7, 1989, the commissioner of finance shall pursuant to such section submit an estimate of the assessed valuation of real property and a certified statement of all real property taxes due as therein described not later than February 26, 2007.

   9.   Notwithstanding any inconsistent provisions of section 240 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a tax benefit report as therein described not later than February 26, 2007.

   10.   Notwithstanding any inconsistent provisions of section 241 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough board shall pursuant to such section submit a statement of budget priorities as therein described not later than March 6, 2007.

   11.   Notwithstanding any inconsistent provisions of section 243 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section approve and submit estimates of the financial needs of the council as therein described not later than March 28, 2007.

   12.   Notwithstanding any inconsistent provisions of section 245 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough president shall pursuant to such section submit any proposed modifications of the preliminary budget as therein described not later than March 28, 2007.

   13.   Notwithstanding any inconsistent provisions of section 246 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of the independent budget office shall pursuant to such section publish a report analyzing the preliminary budget as therein described on or before March 23, 2007.

   14.   Notwithstanding any inconsistent provisions of section 247 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section hold hearings and submit recommendations as therein described not later than April 13, 2007.

   15.   Notwithstanding any inconsistent provisions of subdivision c of section 1052 of the New York city charter, as added by vote of the electors on November 3, 1998, the campaign finance board shall pursuant to such subdivision submit estimates of the financial needs of the campaign finance board as therein described not later than March 28, 2007.

§2. This local law shall take effect immediately and shall be retroactive to and deemed to have been in full force and effect as of November 1, 2006.

L.L. 2007/009

Enactment date: 3/28/2007

Int. No. 24-A

By Council Members Gerson, Brewer, Martinez, Sanders Jr., Mendez, Mealy, Liu, Recchia Jr., Lappin, Gentile, Garodnick, Sears and Weprin

A Local Law to amend the administrative code of the city of New York, in relation to bicycles used for certain commercial purposes.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The City of New York is replete with businesses that utilize bicycles due to their cost efficiency and high maneuverability. Bicycle riders are frequently seen on the City streets acting as couriers for a wide variety of consumer items.

However, due to the quantity of pedestrian and vehicular traffic within the City, potentially dangerous collisions are inevitable. Approximately 540,000 bicyclists visit emergency rooms each year throughout the United States. Of those, roughly 67,000 have suffered head injuries.

According to the New York City Department of Transportation, head injuries are the most common cause of death among cyclists and wearing a helmet can significantly reduce the risk of head injury. Studies indicate that the use of helmets diminishes the danger of bicycle-related head trauma by 74%-85%. To ensure a minimum level of protection, the Consumer Product Safety Commission has adopted a helmet standard that became mandatory for all helmets manufactured for sale in the U.S. after March, 1999.

The low cost of safety helmets relative to the potentially severe dangers resulting from bicycle accidents clearly demonstrates the benefits of such protective equipment. Additionally, reducing serious head injuries may result in a financial benefit for businesses due to reduced medical and insurance costs. Finally, a reduction in such injuries may help spare the City's health care resources.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect one hundred twenty days after it shall have been enacted into law.

L.L. 2007/012

Enactment date: 3/28/2007

Int. No. 517

By Council Members Vallone Jr., Gentile, James, Koppell, Nelson, Stewart, Sears, Recchia Jr., Rivera, Baez, Martinez, Dickens and Weprin

A Local Law to amend the administrative code of the City of New York, in relation to prohibiting the use of artificial trans fats by food service establishments and mobile food unit commissaries.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. Trans fat intake increases the risk of heart disease, which is the leading cause of death in New York City. Because a significant portion of dietary trans fat comes from foods purchased at food service establishments and mobile food unit commissaries, the presence of artificial trans fat purchased at such establishments contributes to cardiovascular risk in New York City. The 2005 Dietary Guidelines for Americans, issued by the United States Department of Agriculture, recommend that dietary intake of trans fat be "as low as possible."

On December 5, 2006, pursuant to the authority granted to it by § 558 of the New York City Charter, the Board of Health unanimously approved a resolution to amend Article 81 of the New York City Health Code to restrict the use of artificial trans fat in food service establishments and mobile food unit commissaries regulated by the Department of Health and Mental Hygiene.

The Council finds that the presence of artificial trans fat in foods prepared in food service establishments and mobile food unit commissaries poses a threat to the public health. Therefore, the Council finds it warranted to incorporate the ban on artificial trans fat into the Administrative Code.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect on July 1, 2007 with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads; and shall take effect on July 1, 2008 with respect to oils or shortenings used for deep frying of yeast dough or cake batter, and for all other foods containing artificial trans fat.

L.L. 2007/019

Enactment date: 4/23/2007

Int. No. 331-A

By Council Members Comrie, the Speaker (Council Member Quinn), Martinez, McMahon, Monserrate, Seabrook, Stewart, White Jr., Recchia Jr., Gentile, Garodnick, Koppell, Liu, Gennaro, Sears, and DeBlasio (in conjunction with the Mayor)

A Local Law to amend the administrative code of the city of New York in relation to regulating and licensing pedicabs.

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 4. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remaining portions of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein.

§ 5. This local law shall take effect 150 days after it shall have become a law, except that prior to such date, the Commissioner may take such actions, including the promulgating of rules and the processing of applications as provided in subchapter 9 of chapter 2 of title 20 of the administrative code of the city of New York and in such rules, as necessary to implement this local law, and except that section three of this local law shall take effect immediately and except that section 20-251 of the administrative code of the city of New York, as added by section one of this local law, shall be deemed repealed two years after it shall have become a law.

L.L. 2007/020

Enactment date: 4/23/2007

Int. No. 341-A

By Council Members Oddo, Fidler, Sears, White Jr., McMahon, Vallone Jr., Felder, Martinez, de Blasio, Gallagher, Comrie, Mendez, Reyna, Brewer, Stewart, Yassky, Nelson, Seabrook, Addabbo Jr., Recchia Jr., Gioia, Barron, Arroyo, Baez, Palma, Vacca, Koppell, Gonzalez, Lappin, Vann, Ignizio, Rivera and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the use of non-wood bats.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council hereby finds that the use of non-wood bats poses an unacceptable risk of injury to children, particularly those who play competitive high school baseball.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect on September 1, 2007.

L.L. 2007/023

Enactment date: 5/1/2007

Int. No. 502-B

By Council Member Felder, the Speaker (Council Member Quinn), Gentile, Koppell, Nelson, Palma, Weprin, White Jr., Sears and The Public Advocate (Ms. Gotbaum) (in conjunction with the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the contents of a lobbyist's statement of registration, and to repeal subdivision (g) of section 3-213 of the administrative code of the city of New York, relating to the mailing of forms by the city clerk.

Be it enacted by the Council as follows:

Section 1. Statement of Legislative Findings and Intent. The Council hereby Finds and Declares that this law would make necessary improvements in the implementation of the City's Lobbying Law as recently amended by Local Law 15 of 2006, which is designed to increase the disclosure of lobbyist activities, including political consulting and fundraising.

First, the lobbyist should not be required to include the name and home address of his or her unemancipated child in his or her annual statement of registration, unless and until a campaign contribution is made in the unemancipated child's name. If such a contribution is made by the unemancipated child of a lobbyist, it is necessary for the lobbyist to report this information in his or her annual statement of registration, in order to assist the Campaign Finance Board (the "CFB") in identifying non-matchable campaign contributions under Local Law 17 of 2006. Second, the lobbyist's registration statement should contain his or her business and home addresses and business telephone number, and the home and business addresses of his or her spouse or domestic partner, as well as the name and home address of his or her unemancipated child if a campaign contribution is made in the unemancipated child's name, again to assist the CFB in identifying non-matchable campaign contributions. Third, there is good reason to keep confidential the home address of the lobbyist, the home addresses of officers and employees in the organization's division that engages in any lobbying activities ("lobbying division"), and the names and home and business addresses of their spouses or domestic partners and unemancipated children, especially in the case of lobbyists who, for example, represent family planning clinics or battered women's shelters, and who could reasonably expect that they, or officers or employees in the lobbying division, or their spouses or domestic partners and unemancipated children could be placed at risk if their home addresses, or the names and addresses of their spouses or domestic partners and unemancipated children, were made public. Fourth, there is good reason to protect the privacy of spouses, domestic partners and unemancipated children of lobbyists and officers or employees in the lobbying division by prohibiting the campaign finance board from disclosing that any particular campaign contributor is the spouse, domestic partner or unemancipated child of a lobbyist. Fifth, since the New York Temporary State Commission on Lobbying ("Temporary Commission") would be phased out of existence if the Public Employees Ethics Reform Act of 2007 is enacted, the Lobbying Law's references to the Temporary Commission now include references to its possible successor organization.

Accordingly, this law would amend the City's Lobbying Law to: (i) require the lobbyist to disclose the name and home address of his or her unemancipated child within 48 hours after a campaign contribution is made in the unemancipated child's name; (ii) require the lobbyist to disclose his or her home and business addresses and business telephone number, and the home and business addresses of his or her spouse or domestic partner; (iii) require the Clerk to keep all home addresses and the business address of the lobbyist's spouse or domestic partner confidential and not subject to public inspection; (iv) prohibit the campaign finance board from disclosing that any particular campaign contributor is the spouse, domestic partner or unemancipated child of a lobbyist or of an officer or employee in the lobbying division; and (v) include appropriate references to the possible successor to the Temporary Commission.

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[Consolidated provisions are not included in this Appendix A]

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§ 11. This local law shall take effect immediately and shall be retroactive to, and deemed to have been in full force and effect on and after, December 10, 2006, except that section seven of this local law shall take effect on June 13, 2007.