L.L. 2003/026

Enactment date: 4/9/2003

Int. No. 281-A

By Council Member Moskowitz, Gioia, Quinn, the Speaker (CM Miller), Reyna, Clarke, Baez, Comrie, Davis, Gerson, Jackson, Koppell, Lopez, Monserrate, Nelson, Perkins, Recchia, Reed, Sanders, DeBlasio, Brewer, Yassky, Katz, Sears, Weprin and The Public Advocate (Ms. Gotbaum); also Council Members Seabrook and Stewart

A Local Law to amend the administrative code of the city of New York, in relation to the administration of emergency contraception to rape victims in emergency departments.

Be it enacted by the Council as follows:

Section 1. Legislative history and intent. In 2002, 2,013 rapes were reported to the New York City Police Department. Public health and public safety advocates alike acknowledge that the number of rapes reported to authorities constitute only a fraction of the number of rapes that actually occur. Alarmingly, between one and five percent of all rapes end in pregnancy (Holmes, et al., Rape-related Pregnancy: Estimates and Descriptive Characteristics from a National Sample of Women, American Journal of Obstetrics and Gynecology, 175:2, 1996). Over half of these pregnancies will end in abortion.

Emergency contraception (EC) is a safe and effective way to prevent unintended pregnancy. Approved by the United States Food and Drug Administration in 1997, EC works to prevent pregnancy by delaying ovulation or preventing fertilization. If taken within 72 hours of unprotected intercourse, EC reduces the risk of unintended pregnancy by as much as 89 percent. EC is frequently and erroneously confused with mifepristone and methotrexate, drugs used in medical abortion. EC differs from these drugs by working to prevent pregnancy from occurring instead of terminating an established pregnancy. The provision of EC to rape victims is considered to be the accepted standard of care for treatment of rape victims by the New York State Department of Health, as well as health professional organizations, including the American College of Obstetricians and Gynecologists, the American Medical Association and the American College of Emergency Physicians.

Surveys on the provision of EC in emergency departments in New York City hospitals reveal that approximately half of New York City emergency departments do not provide rape victims with EC. Significantly, these surveys also reveal that emergency departments operated by the New York City Health and Hospitals Corporation do in fact provide EC.

The Council finds that the provision of EC to a rape victim when medically appropriate aids to reduce the trauma already inflicted on the victim by preventing an unwanted pregnancy from resulting from that rape. The City Council further finds that the prevention of unintended pregnancies resulting from rape avoids costs associated with unwanted pregnancy, including medical care and foster care, some of which are ultimately borne by the City. Therefore, the Council declares that New York City should contract only with hospitals which provide rape victims with the accepted standard of care for treatment of such patients, including the administration of emergency contraception.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Severability. If any subsection, sentence, clause, phrase or other portion of the local law that added this section 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 section shall take effect forty five days after its enactment; provided, however, that any rules consistent with this local law and necessary to its implementation may be promulgated prior to such effective date.

L.L. 2003/032

Enactment date: 5/23/2003

Proposed Int. No. 52-A

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

A Local Law to amend the administrative code of the city of New York, in relation to the displaying of the POW/MIA flag

Be it enacted by the Council as follows:

Section 1. Legislative intent. The Prisoner of War/Missing in Action (POW/MIA) flag was designed to honor and express the United States' gratitude to those members of the United States Armed Forces who have been or remain prisoners of war, and those who remain missing in action. The POW/MIA flag is a powerful symbol of our nation's concern and commitment to determining, as fully as possible, the fates of American military personnel still imprisoned or missing overseas.

It is the Council's intent to require the POW/MIA flag to be flown over every piece of property under the jurisdiction of the department of parks and recreation, whenever the American flag is flown over such property. Furthermore, although it is the Council's desire to require the department of parks and recreation to fully implement this program immediately, given New York City's current fiscal constraints, this program will be implemented over a three-year period.

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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. 2003/033

Enactment date: 6/3/2003

Int. No. 96-A

By Council Members Brewer, Quinn, Clarke, Comrie, de Blasio, Foster, Gerson, Jackson, Lopez, Perkins, Reed, Reyna, Sanders Jr., Seabrook, Stewart, Monserrate, Liu, Davis, Jennings, Yassky, Avella, Gentile, Dilan, Espada Jr., Baez, Barron, Boyland, Gonzalez, Katz, Koppell, Martinez, Recchia Jr., Rivera, Serrano, Vann, Gennaro, Weprin and the Speaker (Council Member Miller)

A Local Law to amend the administrative code of the city of New York, in relation to the standards of conduct of employment agencies and employers of domestic or household employees placed by employment agencies.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The placement of domestic or household employees into the homes of employers creates special problems, including the risk of abuse and exploitation. The majority of domestic or household employees in New York City are immigrant women of color who, because of race and sex discrimination, language barriers and immigration status, are particularly vulnerable to unfair labor practices. Encouraging responsible practices with respect to the placement of domestic or household employees is in the interests of employees, employment agencies, employers and the public.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Effect of invalidity; severability. 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 local law, which remaining portions shall continue in full force and effect.

§ 4. Effective date. This local law shall take effect ninety (90) days after its enactment into law.