2004

L.L. 2004/001

Enactment date: 2/4/2004

Int. No. 101-A

By Council Members Perkins, Lopez, Quinn, Reed, Boyland, Rivera, Brewer, Jackson, Liu, Yassky, Barron, Reyna, Clarke, Sanders, Recchia, Vann, Katz, Gerson, Gioia, Baez, DeBlasio, Serrano, Foster, Monserrate, Jennings, Seabrook, Addabbo, Moskowitz, Koppell, Martinez, Gonzalez, Espada, Gentile, Avella, Comrie, Weprin, Nelson, James, the Speaker (Council Member Miller) and the Public Advocate (Ms. Gotbaum).

A Local Law to amend the administrative code of the city of New York, in relation to childhood lead poisoning prevention, including the avoidance and remediation of lead-based paint hazards in housing and day care facilities, the repeal of local law number 38 for the year 1999 and the repeal of subdivision h of section 27-2013 and section 27-2126 of such code.

Be it enacted by the Council as follows:

Section 1. This local law shall be known and may be cited as the New York City Childhood Lead Poisoning Prevention Act of 2003.

§ 2. Local law number 38 for the year 1999 is hereby REPEALED.

§ 3. Local Law number 1 for the year 1982 is hereby REPEALED.

§ 4. Local law number 50 for the year 1972 is hereby REPEALED.

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[Consolidated provisions are not included in this Appendix A]

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§10. All actions taken by the departments of housing preservation and development and health and mental hygiene pursuant to local law 38 of 1999 and local law 1 of 1982 shall be deemed valid to the extent that all violations written, and fines or penalties assessed, as well as any costs for repairs of such violations shall remain valid and enforceable, provided, however, that any such violations which remain uncorrected on the effective date of this local law shall be repaired using the work practices established pursuant to section 27-2056.11(a)(1) as added by section 5 of this local law, and the rules promulgated thereunder, and certified to the department of housing preservation and development in accordance with section 27-2056.10(c)(5) and subdivision (l) of section 27-2115 of the administrative code of the city of New York, as added by section five of this local law, and the rules promulgated thereunder pursuant to this local law.

§11. If any sentence, paragraph, section or part of this local law shall be adjudged invalid by a court of competent jurisdiction such judgment shall not impair or invalidate the remainder thereof but shall be confined to that part.

§12. Paragraph 4 of subdivision e of section 27-2056.4 of the administrative code of the city of New York, as added by section 5 of this local law, shall take effect immediately, and all other provisions of this local law shall take effect one hundred eighty days after its enactment, except that the commissioners of health and mental hygiene and housing preservation and development shall promulgate all rules and take all other actions necessary to implement this local law, other than paragraph 4 of subdivision e of section 27-2056.4, on or before the date upon which it shall take effect.

L.L. 2004/002

Enactment date: 2/4/2004

Int. No. 198-A

By the Speaker (Council Member Miller) and Council Members Brewer, Quinn, Avella, Clarke, Katz, Koppell, Lopez, Martinez, Monserrate, Moskowitz, Nelson, Reyna, Sears, Stewart, Weprin, Jackson, Boyland, Gennaro and James

A Local Law to amend the administrative code of the city of New York, in relation to the creation and implementation of an electronic death registration system.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. Approximately 60,000 deaths occur in New York City each year. Each death must be registered and certified by the Department of Health and Mental Hygiene (DOHMH) before a burial or cremation may take place. In addition, certified death certificates are necessary to begin the probate process. Currently, DOHMH utilizes a paper-based death registration system for the filing, correction and issuance of certified copies of death certificates. This paper-based system is an inefficient and cumbersome method, which sometimes results in two to six month delays during which time families cannot commence probate, make claims on life insurance policies, commence the process of applying for social security survivor benefits or perform a host of other tasks related to the death of a family member. Such delays inflict additional pain and suffering on families who are already dealing with extreme loss. The creation and implementation of an electronic death registration system will allow doctors, authorized hospital staff and funeral directors to electronically input information necessary to complete a death certificate and send such certificate electronically to DOHMH. Errors on the death certificate may be corrected in the same manner. The electronic death registration system will hasten the collection of information necessary for the registration and certification of deaths, thereby expediting the issuance of certified death certificates, the burial or cremation process and settlement of estates.

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[Consolidated provisions are not included in this Appendix A]

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§2. If any subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of the local law that added this section, which remaining portions shall remain in full force and effect.

§ 3. Effective date. This local law shall take effect immediately.