L.L. 2004/044

Enactment date: 10/14/2004

Int. No. 205-A

By Council Members Lopez, Vallone, Nelson, Clarke, Martinez, Monserrate, Stewart, Gerson, Liu, Gennaro, Palma, Addabbo, Gonzalez, Gentile, Brewer, Sears, Baez, Barron, Felder, James, Koppell, Perkins, Reed, Seabrook, Weprin, DeBlasio, Jackson, Rivera and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the ownership and operation by local electric corporations of any piece of electrical-related infrastructure in the city of New York.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds that an ongoing state of danger exists on the streets and sidewalks of the City of New York in the form of stray voltage emanating from electrical-related infrastructure. This danger became immediately apparent on January 16, 2004 when Jodie S. Lane was tragically killed when she stepped on an electrically charged metal plate while walking her two dogs in Manhattan. The stray voltage that led to Ms. Lane's death prompted an examination of the state of the electrical-related infrastructure in the City for purposes of determining the incidence of stray voltage emanating from that infrastructure and the extent of the danger posed to New Yorkers in simply traversing the City's streets and sidewalks as they go about their daily routine. The examination found hundreds of cases of stray voltage throughout the five boroughs that were potentially harmful to the public. It is believed that the stray voltage was subsequently eliminated at these locations, but the widespread nature of these findings and the propensity for numerous additional cases of stray voltage in the future has demonstrated the necessity for the Council to act in an effort to protect New Yorkers from the dangers associated with stray voltage.

By requiring the New York City Department of Transportation to test for stray voltage in accordance with the provisions of this local law, the Council does not intend to impose any liability on the City or the New York City Department of Transportation for failure to detect stray voltage or to eliminate its source. The Council merely intends for the New York City Department of Transportation to provide an independent check on the stray voltage inspection, testing and repair program mandated by this local law in an effort to further safeguard New Yorkers from the dangers of stray voltage.

It is further the Council's intent that the local action manifested in this local law is necessary until such time as the New York State Public Service Commission, or its successor, adopts rules or regulations imposing obligations upon electric corporations to conduct annual inspections, tests and repairs of its electrical-related infrastructure to detect and eliminate stray voltage.

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[Consolidated provisions are not included in this Appendix A]

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

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.

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[Consolidated provisions are not included in this Appendix A]

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§ 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.

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[Consolidated provisions are not included in this Appendix A]

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