L.L. 2004/046

Enactment date: 10/14/2004

Int. No. 364-A

By Council Members Vallone Jr., Liu, Weprin, Addabbo, Avella, Comrie, Fidler, Gerson, Katz, Koppell, Monserrate, Nelson, Palma, Sanders, Sears, Gennaro and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to increasing the penalties for drag racing.

Be it enacted by the Council as follows:

Section One. Legislative findings and intent.

Under the vehicle and traffic law and penal law, those who engage in drag racing may be charged with, among other things, prohibited speed contests and races. However, a person charged with engaging in a prohibited speed contest or race under the vehicle and traffic law only faces up to thirty days in jail and up to a five hundred twenty-five dollar fine for a first offense, and only a jail term of up to six months and a fine of up to seven hundred fifty dollars for the second offense within twelve months of the first offense. This penalty is inadequate, and the City Council finds that engaging in drag racing or actively participating in a drag race, particularly within the congested environs of New York city, warrants an increased penalty.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. This local law shall take effect immediately.

L.L. 2004/050

Enactment date: 11/9/2004

Int. No. 418-A

By Council Members Addabbo, Jr., Clarke, Comrie, Gennaro, Jennings, Katz, Monserrate, Nelson, Perkins, Sanders, Seabrook, Lopez, Jackson, Gonzalez and Weprin

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of citywide administrative services to create and submit a written report regarding eligible lists.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. Article five, section six of the New York state constitution mandates that appointments and promotions in the civil service be made according to merit and fitness to be ascertained as far as practicable, by examination, which, as far as practicable, shall be competitive. In the city of New York, the department of citywide administrative services is responsible for administering such examinations and creating eligible lists, pursuant to article four of the New York state civil service law, which consist of candidates who passed a civil service examination. In addition, after the administration of a promotional examination, the department of citywide administrative services establishes lists known as promotion lists, which are agency-specific and a type of eligible list. Eligible lists are available to each city agency with open positions in corresponding titles and are usually active for four years, pursuant to section fifty-six of the civil service law.

Appointments or promotions from an eligible list to a position in the competitive class are made by the selection of one of the three persons certified as standing highest on such list, a procedure commonly known as the one-in-three rule, which is carried out pursuant to subdivision one of section sixty-one of the civil service law. When an eligible list contains fewer than three names, a provisional appointment in the competitive class may be made by an agency, pending the establishment of a new eligible list.

The Council finds that a number of candidates for employment by the city who are on an eligible list are considered and not selected by agencies. After a candidate is considered but not selected three times by an agency, that candidate is not certified to that agency again, although such candidate retains the right to request of that agency that his or her name be certified to that agency again. Furthermore, the Council finds that some agencies hire provisional employees who have never taken or passed a civil service examination.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. This local law shall take effect immediately upon its enactment into law.

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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.