L.L. 2003/039

Enactment date: 6/12/2003

Int. No. 497

By Council Members Weprin and Comrie (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to setting interest rates for overpayments of the general corporation tax and banking corporation tax.

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 on July 1, 2003, provided that if New York Assembly Bill No. 2106-B, which passed the New York Assembly on May 2, 2003 and the New York Senate on May 2, 2003, and was delivered to the Governor on May 2, 2003, has not become a law prior to the time that this local law becomes a law, then this local law shall take effect immediately upon the enactment into law of such bill. This local law shall apply to the interest chargeable or due on taxes or on any other amounts, or any portion thereof, which remain or become due on or after such date. The interest rates set prior to amendment by this local law shall apply up to and including the day before the effective date of this local law, to the interest chargeable or due on taxes or on other amounts for which interest rates are set under this local law.

L.L. 2003/040

Enactment date: 6/12/2003

Int. No. 507

By Council Members Weprin, Baez and Comrie (by request of the Mayor)

A Local Law in relation to the date by which if the expense budget has not been adopted, the expense budget adopted as modified for the current fiscal year shall be deemed to have been extended for the new fiscal year until such time as a new expense budget has been adopted, the date by which if a capital budget and a capital program have not been adopted, the unutilized portion of all prior capital appropriations shall be deemed reappropriated, the dates of mayoral disapprovals of Council action and Council overrides thereof, the date of submission by the Mayor of an estimate of the probable amount of receipts, the date by which if the Council has not fixed the tax rates for the ensuing fiscal year, the commissioner of finance shall be authorized to complete the assessment rolls using estimated rates, and related matters, relating to the fiscal year two thousand four.

Be it enacted by the Council as follows:

Section 1. During the calendar year 2003 and in relation to the 2004 fiscal year:

   1.   Notwithstanding any inconsistent provisions of subdivision d of section 254 of the New York city charter, as added by vote of the electors on November 7, 1989, if an expense budget has not been adopted by June 13, 2003 pursuant to subdivisions a and b of section 254, the expense budget shall be deemed to have been extended for the new fiscal year until such time as a new expense budget has been adopted.

   2.   Notwithstanding any inconsistent provisions of subdivision e of section 254 of such charter, as added by vote of the electors on November 7, 1989, if a capital budget and a capital program have not been adopted by June 13, 2003 pursuant to subdivisions a and b of such section, the unutilized portion of all prior capital appropriations shall be deemed reappropriated.

   3.   Consistent with subdivision a of section 255 of such charter, the Mayor may pursuant to such subdivision make any disapproval provided for therein no later than five days following the adoption of an expense budget, capital budget and capital program and, consistent with subdivision b of such section, the Council may pursuant to such subdivision override any such disapproval provided for therein no later than ten days following any such disapproval.

   4.   Notwithstanding any inconsistent provisions of subdivision a of section 1515 of such charter, as amended by vote of the electors on November 7, 1989, the Mayor shall pursuant to such subdivision prepare and submit to the Council an estimate of the probable amount of receipts as therein described not later than June 13, 2003.

   5.   Notwithstanding any inconsistent provisions of this local law, if the Council has not fixed the tax rates for the ensuing fiscal year on or before June 5, 2003, the commissioner of finance shall, pursuant to subdivision a of section 1516-a of such charter and section 3 of local law number 40 for the year 2002, be authorized to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. The estimated rates shall equal the tax rates for the current fiscal year.

   6.   Notwithstanding any inconsistent provisions of this local law, if, subsequent to June 5, 2003, the Council shall, pursuant to section 1516 of such charter, fix the tax rates for the ensuing fiscal year at percentages differing from the estimated rates, real estate tax payments shall nevertheless be payable in accordance with subdivision a of section 1516-a of such charter and section 3 of local law number 40 for the year 2002, at the estimated rates, where the commissioner of finance has exercised the authority granted by such subdivision to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. However, in such event, the commissioner of finance shall comply with the provisions of subdivision b of section 1516-a of such charter.

§ 2. This local law shall take effect immediately, and shall be deemed to have been in force and effect on and after June 5, 2003.

L.L. 2003/043

Enactment date: 7/14/2003

Int. No. 64-A

By Council Members Sears; also Council Members Koppell and Clarke

A Local Law to amend the administrative code of the city of New York, in relation to the annual disclosure of financial interests by certain officers and employees of the city of New York.

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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§ 3. This local law shall take effect on January 1, 2004, and shall apply to reports of annual disclosure filed for the calendar year 2003 except as otherwise provided herein; provided, however, that the conflicts of interest board, the campaign finance board and agencies of the city of New York whose officers and employees file such reports may take such steps as are necessary to implement this local law prior to the effective date.

L.L. 2003/049

Enactment date: 7/16/2003

Int. No. 193

By Council Members Liu, Addabbo, Reyna, Stewart, Moskowitz, Gonzalez, Sears and the Public Advocate (Ms. Gotbaum) (by request of the Mayor); also Council Member Gerson

A Local Law to amend the administrative code of the city of New York, in relation to the liability of property owners for injuries caused by unsafe conditions on sidewalks.

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 on the sixtieth day after it shall have become a law and shall apply to accidents occurring on or after such effective date.

L.L. 2003/052

Enactment date: 7/16/2003

Proposed Int. No. 500-A

By Council Member DeBlasio (by request of the Mayor)

A Local Law to amend the charter and administrative code of the city of New York with respect to transferring functions of the department of employment and the administration for children's services to the department of social services, the department of small business services and the department of youth and community development, and to repeal chapter 73 of the charter.

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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§ 13. Any agency or officer to which is assigned by this local law any functions, powers and duties shall exercise such functions, powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such functions, owners and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such functions, powers or duties, and applicable to the agency or officer formerly exercising the same shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such functions, powers and duties are assigned by this local law.

§ 14. Any rule in force on the effective date of this local law, promulgated by an agency or officer whose power to promulgate such rule is assigned by this local law to some other agency or officer shall continue in force as the rule of the agency or officer, to whom such power is assigned, and such agency or officer may hereafter duly amend, supersede, or repeal such rule.

§ 15. All records, property and equipment whatsoever of any agency, the functions, powers and duties of which are assigned to any other agency by this local law, shall be transferred and delivered to the agency to which such functions, powers and duties are so assigned.

§ 16. No existing right or remedy of any character shall be lost, impaired or affected by reason of the adoption of this local law.

§ 17. No action or proceeding, civil or criminal, ending at the time when this local law shall take effect, brought by or against the city or any agency or officers, shall be affected or abated by the adoption of this local law or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by this local law be assigned or transferred to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency or the officer to which such functions, powers and duties have been assigned or transferred by this local law.

§ 18. Whenever by any provision of this local law functions, powers or duties are assigned to any agency or officer which have been heretofore exercised by any other agency or officer, all officers and employees in the classified city civil service who at the time that this local law shall take effect are engaged in the performance of such function, powers or duties shall be transferred to the agency to which such functions, powers or duties are assigned by this local law, without examination and without affecting existing compensation or pension or retirement rights, privileges or obligations of such officers and employees.

§ 19. Nothing contained in this local law shall affect or impair the rights or privileges of officers or employees of the city or of any agency existing at the time when this local law shall take effect and not inconsistent with the provisions of this local law in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement plans rights and any other rights or privileges of officers or employees of the city generally or officers of any agency.

§ 20. Effective date. This local law shall take effect on July 1, 2003, or as soon thereafter as a transfer of agency functions may be effectuated.

L.L. 2003/054

Enactment date: 7/16/2003

Int. No. 522

By Council Members Liu, Gonzalez, Reyna, Sears and Comrie (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to liability insurance for injuries caused by unsafe conditions on sidewalks and payments for uncompensated medical expenses in connection with such injuries.

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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§ 3. This local law shall take effect on the sixtieth day after it shall have become a law and shall apply to accidents occurring on or after such effective date.

L.L. 2003/055

Enactment date: 9/4/2003

Proposed Int. No. 399-A

By Council Members Addabbo, Jr., the Speaker (Council Member Miller), Gerson, Jackson, Katz, Yassky, Gennaro, Avella, Baez, Barron, Brewer, Clarke, Comrie, Davis, Dilan, Fidler, Gentile, Jennings, Koppell, Liu, Monserrate, Nelson, Quinn, Recchia, Jr., Reed, Reyna, Sanders, Jr., Seabrook, Sears, Serrano, Stewart, Weprin, Foster, Provenzano, Vann, Boyland, Gioia, Rivera, Moskowitz, Espada, Jr., Martinez, Lopez, Felder, Gonzalez, Perkins, The Public Advocate (Ms. Gotbaum), Oddo and Lanza; also Council Members Vallone, McMahon, DeBlasio and Gallagher

A Local Law to amend the administrative code of the city of New York, in relation to creating an adopt-a-park program.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. Due to the increased cost of maintenance and the necessity to increase revenue for the preservation of our precious parkland, particularly neighborhood parks, open space and urban forest, the Council believes it is appropriate to create a source of funding through community involvement and direct financial giving. This program is not intended to rename any park property or structure, but to provide another mechanism whereby individuals, community groups, businesses and corporations can help the city preserve its precious land and recreational programs. Through local community commitment, this program is designed to provide another avenue of assistance for all parks, from small playgrounds and greenstreets to beachfronts, pools and recreation centers. The revenue generated through this program is intended to supplement all allocations and sources of revenue for the Department of Parks and Recreation.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This law shall take effect ninety days upon its enactment into law.