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L.L. 2004/051
Enactment date: 11/23/2004
Int. No. 98-A
By Council Members McMahon, Vallone, Rivera, Gioia, Baez, Avella, Brewer, Comrie, Fidler, Gennaro, Jackson, Martinez, Monserrate, Nelson, Provenzano, Quinn, Reed, Sears, Stewart, Weprin, Liu, Katz, Reyna, Addabbo, Sanders and Gonzalez
A Local Law to amend the administrative code of the city of New York, in relation to the prohibition on the sale, lease, rental or operation of motorized scooters.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. The Council of the City of New York hereby finds that the operation of motorized scooters in the City presents a growing risk to the life and health of scooter operators, motorists, and pedestrians. The United States Consumer Product Safety Commission reported 4,390 emergency room-treated injuries associated with motorized scooters in the year 2000. Thirty-nine percent of those injured were under 15 years of age.
These motorized scooters come in many forms. A recent manifestation of these devices, one that has been proliferating rapidly in the City, is the so-called "pocket-rocket". Pocket-rockets are relatively inexpensive and are easily obtained, but are very dangerous. Many reach speeds of forty miles per hour or greater while not being equipped to protect the rider properly. This became abundantly clear in the recent tragic death of a 19-year old pocket-rocket rider in Queens on July 29, 2004 when the device struck a pothole at an excessive speed.
Scooters were originally designed for human power and low-speed operation. Their motorized counterparts travel up to forty miles per hour and cannot be maneuvered safely at these speeds. Difficulty of control poses risks to operators, pedestrians and vehicular traffic in the streets of the City. The absence of licensing or safety requirements compounds these risks.
The New York State Vehicle and Traffic Law mandates that registration is required for operating motorized vehicles on public streets. The Department of Motor Vehicles has declared that motorized scooters cannot be registered and therefore should not be allowed on public streets. The Council is enacting this local law to eliminate the significant safety risks posed by the increasing use of motorized scooters.
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[Consolidated provisions are not included in this Appendix A]
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§ 4. This local law shall take effect one hundred twenty days after its enactment into law, except that the police commissioner and the commissioners of consumer affairs and parks and recreation shall take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.
L.L. 2004/052
Enactment date: 11/29/2004
Int. No. 150-A
By Council Members Vallone Jr., Oddo, Gallagher, Lanza, Addabbo Jr., Boyland, Comrie, Felder, Liu, Monserrate, Rivera, Provenzano, Yassky, Avella, Gentile, James, Martinez, Nelson, Gennaro, Koppell, Recchia Jr., Vann, McMahon, Weprin, Katz, Sears, Gerson and The Public Advocate (Ms. Gotbaum)
A Local Law to amend the New York city charter, in relation to requiring the Department of Education, in consultation with the New York City Police Department, to install security cameras at New York City public schools.
Be it enacted by the Council as follows:
Section 1. Legislative Intent and Findings
The City Council hereby finds and declares that it is the right of every person who attends New York City public schools to have the opportunity to learn and teach in an environment free from intimidation and physical harm. Crime in public schools, though lower in recent years, is still too high.
To foster an atmosphere free of violence, security cameras have been installed in traditional public fora, such as public parks, streets and housing facilities. These cameras provide law enforcement with additional eyes and ears and have greatly assisted in reducing crime in areas where they are placed. Additionally, it is cost-effective to have a security device in conjunction with live school security agents.
It is not the intent of this local law to interfere with the exercise of the constitutionally protected rights of freedom of expression and association, nor to infringe on students' right to privacy. This legislation therefore expresses the intent that cameras be placed at entrance and exit doors, and at other sites within schools and consolidated school locations where individuals do not have a reasonable expectation of privacy.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. This local law shall take effect 90 days after its enactment.
L.L. 2004/054
Enactment date: 12/1/2004
Int. No. 310-A
By Council Members Clarke, Barron, Foster, Gerson, Gonzalez, James, Koppell, Lopez, Martinez, Palma, Perkins, Sanders, Stewart, Vann, Boyland, Weprin and The Public Advocate (Ms. Gotbaum)
A Local Law to amend the administrative code of the city of New York, in relation to discharge planning services.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. The Department of Correction handles approximately 108,000 admissions each year, and manages an average daily inmate population of more than 14,000 individuals. Of the 108,000 admissions, approximately 80,000 are discharged into the community; the remaining inmates are sent to state prison.
Those entering and being discharged from city jails suffer from many social problems: 32% read below a fifth grade level, 20% required detoxification services upon admission to jail, 30% end up in the city shelter system, 29% of inmates receiving mental health services are diagnosed with severe mental illness, and 63% of inmates will be rearrested within three years of release. It is in the best interests of the people of the City of New York, these inmates, their families, and the communities these inmates will return to that attempts be made to address the employment, sobriety and housing problems that keep the same people coming back to jail. Effective discharge planning is crucial to achieving this goal.
In order for discharge planning to be effective, inmates must be in the custody of the Department of Correction for sufficient time to receive meaningful assistance and must have a known discharge date for which the Department can plan. Approximately 80% of people admitted to the Department of Correction, however, are detainees whose dates of discharge are unknown, which results in release with no advance notice. Moreover, a great number of sentenced inmates are sentenced to time already served, or to such short lengths of stay that effective interventions are impractical. In 2003, approximately 44% of inmates were released in seven days or less. As a result, discharge planning should be focused on inmates who will serve at least 30 days in the city's jails, with efforts directed at other inmates as resources permit.
New York City has established the Discharge Planning Project, a multi-agency and multi-provider initiative to address re-entry issues. Government participants include the Department of Correction, the Department of Probation, the Department of Homeless Services, the Human Resources Administration, the Department of Health and Mental Hygiene, and the Office of the Criminal Justice Coordinator. These agencies are working cooperatively with many not-for-profit service providers and advocacy organizations in a combined effort to produce better post-incarceration outcomes. The efforts of the project have led to numerous important initiatives, including transitional employment programs, a screening assessment to determine the employment, substance abuse, and housing needs of new inmates, streamlined procedures for obtaining birth certificates and social security cards, case management in the community and a refocusing of efforts towards sentenced inmates.
The Council finds that assisting inmates in accessing social services and government benefits will improve their ability to re-integrate into the community. The Council further finds that codifying into law recent initiatives of city agencies will ensure the long-term continuation and expansion of such efforts. Accordingly, the Council declares that it is reasonable and necessary to mandate the provision of certain discharge planning services.
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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, 2005, except that the commissioner of correction and the commissioner of homeless services shall take all actions necessary to implement this local law on or before the date upon which it shall take effect. This local law shall expire and be deemed repealed on June 30, 2015, provided that the commissioner of correction provides written notice to the council in the first six months of the year 2014 that this local law will expire without further action by the council. If the commissioner does not provide such notice by June 30, 2014, this local law shall expire and be deemed repealed one year following the date on which the council receives such notice.
L.L. 2004/055
Enactment date: 12/1/2004
Int. No. 367-A
By Council Members Clarke, Liu, Reed, Gennaro, Barron, Brewer, Gerson, Koppell, Lopez, Martinez, Palma, Perkins, Sanders, Vallone, Weprin, Jennings and Reyna
A Local Law to amend the administrative code of the city of New York, in relation to the sale or purchase of products claiming to be or to contain an endangered or threatened species.
Be it enacted by the Council as follows:
Section 1. Declaration of Legislative Findings and Intent. Illegal trade poses a major threat to endangered wildlife throughout the world and must be curtailed in order to ensure the continued survival of these species in the wild. Examples of illegal trade can be found in a variety of sectors, including the trades in exotic pets, fine furs and leathers, tourist curios, game meats, and traditional medicines. Despite numerous state, national, and international laws prohibiting or regulating much of this trade, the illegal wildlife trade thrives. To gauge one small sector of this trade, TRAFFIC North America, the wildlife trade monitoring program of World Wildlife Fund, conducted a market survey in New York City's Chinatown in the spring of 2003 to determine if, and how frequently, illegal or regulated wildlife products were being sold in traditional medicine shops. Of the 27 shops surveyed, 12 displayed medicines containing, or claiming to contain, tiger bone or rhino horn. In addition, all of the stores were found to be selling products containing bear bile, musk (derived from musk deer) and leopard bone. These are just a sampling of products made from threatened and endangered species that can be found for sale in a variety of shops not only in New York City's Chinatown, but throughout the city and in various other communities throughout the United States.
It is illegal under federal and state law to sell or offer to sell many of the products uncovered in TRAFFIC's 2003 survey. These products, however, often go unnoticed, as authorities do not have the time or resources to regularly scour the shelves of stores in New York City. When offenders are caught, it is often difficult to prosecute them - in many instances, in order to prove a case, law enforcement personnel must employ expensive and often inconclusive DNA testing in an effort to demonstrate that a given product contains or is a part of an endangered species. For these reasons, not only are endangered and threatened species sold in New York City, but they are also sold openly, often with packaging that advertises their contents.
The Council finds that the advertising of an illegal product, such as a product that contains an endangered or threatened species, flouts and undermines respect for the law and that the purveyors of such products should not be permitted to act with such impunity. The Council further finds that the necessity of proving that a product advertised as containing an endangered or threatened species actually contains such species strains law enforcement resources. The Council therefore finds it imperative that New York City impose additional penalties on the sale or purchase of products claiming to be or to contain ingredients derived from an endangered or threatened species.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. This local law shall take effect 90 days after its enactment, except that the commissioner of consumer affairs shall take all actions necessary to implement this local law on or before the dates upon which the provisions of this local law shall take effect.
L.L. 2004/058
Enactment date: 12/15/2004
Int. No. 124-A
By Council Members Perkins, James, Rivera, Gerson, Barron, Quinn, Gioia, Baez, Monserrate, Palma and Jackson
A Local Law to amend the charter and the administrative code of the city of New York, in relation to the requirements of the campaign finance program for city elections, the requirements of transition and inauguration entities for candidates elected to the offices of mayor, public advocate, comptroller, borough president, and member of the city council, participation in the New York City Campaign Finance Program by self-funded candidates, the debate program, and limiting the use of government resources during an election year.
Be it enacted by the Council as follows:
Section 1. Declaration of Legislative Intent and Findings.
The New York City Campaign Finance Act, adopted by the New York City Council in 1988, has succeeded in enhancing competition for elective municipal offices, limiting campaign contributions and expenditures to reasonable levels, and vastly increasing public information about the sources and uses of campaign funds.
The Council finds that amendments to the New York City Campaign Finance Act, section 3-801 of the administrative code of the City of New York, and the charter of the City of New York, will further the goals of this landmark legislation.
This local law will alter the formula for paying public funds to participating candidates facing high spending non-participating candidates, thus further reducing disparities between participating and non-participating candidates. Additionally, this local law includes new provisions aimed at reducing expenditures of public funds in non-competitive races.
Further, the Council seeks to permit those candidates for municipal office who fund their campaigns entirely through the use of their personal funds to participate in the Campaign Finance Program to a limited degree, without extending the public financing provisions to these candidates. In doing so, the Council seeks to strengthen the City's campaign finance program by enabling self-funded candidates to participate in the program by limiting their expenditures, in return for which the bonus provisions of the law will not be triggered for participating candidates, thus reducing Program costs.
Further, the Council finds that matching individual vendor contributions with public funds may lead to abuses in the Program or the perception of abuses in the Program. Accordingly, the Council intends to disallow the matching of individual vendor contributions, but not contributions made from individuals working for a campaign or working for vendor companies.
Further, the Council intends to extend the prohibition on public servants sending mass mailings before an election from thirty to ninety days. Within such ninety-day period, public servants may send one such mass mailing following the adoption of the city budget to inform constituents of the details of such budget and other government matters.
Finally, the local law will improve key elements of the Debate Program. Since its inception in 1997, the Debate Program has provided voters with valuable public exposure to candidates for citywide office. The Council now seeks to amend the Debate Program based on its experience with two sets of debates - 1997 and 2001. These Debate Program changes will improve the functioning of debates, ease the process of selecting debate sponsors, and enhance the value of the Debate Program for City voters.
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[Consolidated provisions are not included in this Appendix A]
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§ 20. Severability. If any provision of this bill or any other provision of this local law, or any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate any portion of or the remainder of this local law, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.
§ 22. This local law shall become effective immediately except amendments made to subdivisions two and five of section six of this local law, which shall become effective on January 1, 2006.
L.L. 2004/059
Enactment date: 12/15/2004
Int. No. 466-A
By Council Members Perkins and Jackson
A Local Law to amend the charter and the administrative code of the city of New York, in relation to application of the public disclosure requirements of the New York City Campaign Finance Program to all candidates for the offices of mayor, public advocate, comptroller, borough president, and member of the city council.
Be it enacted by the Council as follows:
Section 1. Declaration of Legislative Intent and Findings.
The New York City Campaign Finance Act, adopted by the New York City Council in 1988, has succeeded in enhancing competition for elective municipal offices, limiting campaign contributions and expenditures to reasonable levels, and vastly increasing public information about the sources and uses of campaign funds.
The Council finds that amendments to the New York City Campaign Finance Act and the charter of the City of New York, will further the goals of this landmark legislation. By imposing many of the same disclosure and audit provisions of the Campaign Finance Act to those candidates for municipal office who elect not to participate in the Campaign Finance Program, without extending to such candidates the public financing provisions or the provisions limiting expenditures, the Council seeks to further strengthen the reform program that has been recognized as a national model.
Further, the Council finds that the Campaign Finance Board publishes on the Web a searchable database of campaign finance information reported by candidates participating in the City's campaign finance reform program. This unique and detailed public resource enables the voting public to review and compare contributions and expenditures for opposing candidates, and to draw their own conclusions about the significance of this information in the exercise of the voting franchise.
As presently constituted, the Web database does not include the campaign finance transactions of candidates who choose not to participate in the City's reform program. This absence of comparable public disclosure deprives the voting public of relevant comparative information and creates increased administrative burdens for the Campaign Finance Board in making the administrative determinations required by the Campaign Finance Act. In addition, the Council finds that the Board of Elections does not monitor the completeness and accuracy of the campaign finance disclosure reports submitted on behalf of non-participating candidates in the same detailed manner that the Campaign Finance Board does with public disclosure reports filed on behalf of participating candidates.
The Council finds and declares that:
1. Uniform disclosure of comparable information serves the interest of the voting public and promotes fair competition among opposing candidates. This public information function is comparable to the voters guide published pursuant to section 1053 of the New York City Charter, which covers all candidates for City office regardless of their participation in the voluntary system of campaign finance reform.
2. Detailed public campaign finance disclosure helps safeguard against the risk that large campaign contributions will gain undue influence over government decision-making and sheds light on campaign spending practices. As is true of the personal financial disclosure required of all candidates for City office pursuant to section 12-110 of the Administrative Code, detailed and comparable public disclosure of campaign finance transactions must be a fundamental obligation of all candidates seeking City office.
3. Disclosure to the Campaign Finance Board will enhance the existing Web database and facilitate determinations the board is required to make pursuant to the New York City Campaign Finance Act.
4. Equal protection requires an enforcement regime that treats all competing candidates in the same manner. For that reason, this local law extends auditing and penalties under the New York City Campaign Finance Act to ensure that public disclosure on behalf of all candidates seeking public office of the City of New York is complete, timely, and accurate.
By providing detailed financial information about all candidates, these amendments will permit greater public scrutiny of campaign finances for all candidates running for certain offices in New York City.
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[Consolidated provisions are not included in this Appendix A]
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§15. If any provision of this bill or any other provision of this local law, or any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate any portion of or the remainder of this local law, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.
§16. This local law shall become effective immediately and shall be applicable to all receipts and expenditures for elections held after the effective date, regardless whether the receipt or expenditure occurred prior to the effective date.
L.L. 2004/060
Enactment date: 12/15/2004
Int. No. 371-A
By Council Members Perkins, Barron, Gonzalez and Stewart
A Local Law to amend the charter and the administrative code of the city of New York, in relation to application of contribution limits of the New York City Campaign Finance Program to all candidates for the offices of mayor, public advocate, comptroller, borough president, and member of the city council, and prohibiting candidates from accepting contributions, loans or security for such loans from corporations.
Be it enacted by the Council as follows:
Section 1. Declaration of Legislative Intent and Findings.
The New York City Campaign Finance Act, adopted by the New York City Council in 1988, has succeeded in enhancing competition for elective municipal offices, limiting campaign contributions and expenditures to reasonable levels, and vastly increasing public information about the sources and uses of campaign funds.
The Council finds that amendments to the New York City Campaign Finance Act and the charter of the City of New York, will further the goals of this landmark legislation. By imposing the same contribution provisions of the Campaign Finance Act to those candidates for municipal office who elect not to participate in the Campaign Finance Program, without extending to such candidates the public financing provisions or the provisions limiting expenditures, the Council seeks to further strengthen the reform program that has been recognized as a national model. By ending the disparity in contribution limits faced by participating candidates opposed by non-participating candidates, these amendments further reduce the opportunity for wealthy special interests to exercise or appear to exercise undue influence over local elected officials in New York City.
This local law will also extend the existing ban on contributions from corporations to non-participating candidates, thus eliminating further disparities between participating and non-participating candidates and promoting a governmental interest in emphasizing contributions from individuals.
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[Consolidated provisions are not included in this Appendix A]
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§ 15. If any provision of this bill or any other provision of this local law, or any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate any portion of or the remainder of this local law, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.
§ 16. Sections 3 of this local law shall not have any effect on any adjustments made prior to the effective date of this law pursuant to subdivision 7 of section 3-703 of the administrative code.
§ 17. This local law shall become effective immediately.
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