L.L. 2004/013

Enactment date: 6/3/2004

Int. No. 46-A

By Council Members Fidler, Jackson, Comrie, Gennaro, Perkins, Quinn, Seabrook, Weprin, Yassky, Nelson, Gerson, Liu, Gonzalez and Palma

A Local Law to amend the administrative code of the city of New York, in relation to the publication of concept reports regarding requests for proposals.

Be it enacted by the Council as follows:

Section 1. Legislative Findings and Intent. The Council hereby finds that the request for proposal process for human service contracts for vital services is long, inefficient and cumbersome. The Council further finds that currently, community input into requests for proposals is inadequate leading to amendments, long delays and sometimes the outright cancellation of requests for proposals for contracts in vital areas such as youth development and summer jobs. The Council finds that community-based organizations – those who provide human services and who will likely be responding to the requests for proposals – are important sources of information on best practices, program design and community needs and trends. Without such information and input the city cannot competently craft requests for proposals. The Council therefore finds and declares that it is the policy of the city to allow ample opportunity and notice regarding imminent requests for proposals for human services to provide input into the proposed content of such proposals and ensure more efficient and timely letting of human services contracts.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. If any section, 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 this law, which remaining portions shall continue in full force and effect.

§ 4. This local law shall take effect one hundred twenty days after its enactment.

L.L. 2004/014

Enactment date: 6/3/2004

Int. No. 138

By Council Members Reed, Nelson and Gonzalez (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the dates of expiration of licenses and license plates for tow trucks and tow truck drivers.

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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§ 2. This local law shall take effect immediately, except that all licenses to engage in towing, all license plates, and all tow truck driver licenses that are valid on the effective date of this local law shall be in effect for an extended term that expires, in the case of licenses for tow truck drivers, on October 31st of 2006, and, in the case of licenses to engage in towing and tow truck license plates, on April 30th of 2006, provided that unless a licensee surrenders his or her license to engage in towing, tow truck license plate or tow truck license by not later than January 15, 2006, the person holding such license or truck license plate shall be deemed to have operated continuously with such license or truck license plate during the entire extended term. The commissioner of the department of consumer affairs shall be authorized to prorate the applicable license fee to reflect the extension of the terms of licenses pursuant to this section 2 of this local law.

L.L. 2004/031

Enactment date: 7/12/2004

Int. No. 223-A

By Council Members Stewart, Martinez, Reed, DeBlasio, Liu, Monserrate, Brewer, Palma, Reyna, Clarke, James, Barron, Jackson, Lopez, Comrie, Gonzalez and the Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to immigration assistance services.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. Persons who assist individuals with immigration matters have a significant impact on the ability of their clients to live and work within the United States and to establish and maintain stable families and business relationships. Given the size of New York City's immigrant community, providers of immigration assistance services have a significant impact on cultural, social and economic life in this city. Presently, minimal regulation of persons who provide immigration assistance services leaves persons who require assistance with immigration matters vulnerable to abuse and unscrupulous practices. The purpose of this legislation is to give immigrants a clear understanding of the work to be performed by providers of immigration assistance services and to promote honesty and fair dealing among providers of immigration assistance 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 90 days after enactment.

L.L. 2004/033

Enactment date: 7/13/2004

Int. No. 248

A Local Law to amend the administrative code of the city of New York in relation to flammables and combustibles and penalties recoverable in proceedings before the environmental control board, and to repeal subdivision c of section 27-4065, subdivision b of section 27-4069, and subdivisions a, b and c of section 27-4070, to repeal and reenact subdivisions 10 and 22 of section 27-4002, sections 27-4015, 27-4063, 27-4064, 27-4066, 27-4067, 27-4068 and 27-4070 of such code.

By Council Members Clarke, Boyland, Koppell, Seabrook, Stewart, Comrie and Gonzalez (by request of the Mayor)

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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§ 17. This local law shall take effect 120 days after the date of its enactment into law, except that prior to such effective date the fire commissioner may promulgate rules or take any other administrative actions to implement its provisions, and provided, further, that rules promulgated under provisions repealed by this local law shall remain in effect until amended or repealed by the fire commissioner.

L.L. 2004/034

Enactment date: 7/13/2004

Int. No. 261-A

By Council Members Gioia, Moskowitz, Addabbo, Barron, Brewer, Clarke, Comrie, Foster, Gentile, Gerson, Gonzalez, Jackson, Jennings, Koppell, Liu, Lopez, Monserrate, Reyna, Rivera, Sanders, Seabrook, Stewart, Vann, Weprin, Boyland, Gennaro, James, Katz, McMahon, Quinn, Recchia, Reed, Serrano, Martinez, Palma, Yassky and the Speaker (Council Member Miller)

A Local Law to amend the administrative code of the city of New York, in relation to requiring that the New York city department of education provide voter registration forms to students.

Be it enacted by the Council as follows:

Section 1. Legislative findings. The Council of the city of New York affirms that voting is a central tenet of democracy. The vitality of the democratic process depends on voter participation in elections. Yet, far too few New Yorkers vote in local, state or national elections, and voter participation has been declining. The Council finds that affirmative steps are necessary to encourage and increase voter participation in all elections.

The Council further finds that this decline and lack of participation is due, in part, to the fact that voters find it difficult to register to vote. Although both city and state laws provide mechanisms for distributing voter registration forms by city and state agencies as part of agency-based voter registration programs, the New York City Department of Education does not participate in such programs. The Council finds that the Department of Education is uniquely positioned in the City to enhance the participation of young people in the democratic process by distributing voter registration forms to potential young voters.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. 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.

§ 6. This local law shall take effect thirty days after its enactment into law.

L.L. 2004/042

Enactment date: 9/9/2004

Int. No. 188-A

By the Speaker (Council Member Miller) and Council Members Gerson, Avella, Barron, Boyland, Brewer, Clarke, Dilan, Fidler, Jackson, Koppell, Liu, Lopez, Martinez, McMahon, Quinn, Nelson, Perkins, Recchia, Reed, Rivera, Seabrook, Sears, Serrano, Vann, Yassky, Baez, Comrie, DeBlasio, Felder, Foster, Gonzalez, Jennings, Monserrate, Reyna, Stewart, Weprin, Moskowitz, Gentile, Gioia, Gennaro, Sanders, Palma and James.

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting acts of harassment at schools.

Be it enacted by the Council as follows:

Section 1. Legislative findings: The Council finds that many students, teachers, administrators and others in the New York city school communities are plagued by harassing behavior that interferes with students' educational performance, opportunities and emotional or physical well-being and the well-being of the entire school community. Accordingly, the Council finds that it is necessary to establish strong policies in our City's schools prohibiting harassment for any reason including reasons based, in whole or in part, upon, but not limited to, a person's actual or perceived race, color, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, family composition or circumstance, economic circumstance, physical characteristic, medical condition or school performance.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. 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.

§ 4. Effective date. This local law shall take effect one hundred and eighty days after its enactment.

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.