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L.L. 2003/007
Enactment date: 1/15/2003
Int. No. 341
By Council Members Weprin, Comrie, Jennings and Stewart (by request of the Mayor)
A Local Law in relation to the date of submission by the mayor of a preliminary management report and the date prior to which the council shall conduct public hearings and the date by which the council shall submit a report or reports pertaining thereto, the date of submission by the director of management and budget and the director of city planning of a draft ten-year capital strategy, the date of submission by the city planning commission of a report on the draft ten-year capital strategy, the date of submission by the mayor of the preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects, the date of submission by the mayor of the preliminary budget, the date of publication by the director of the independent budget office of a report on revenues and expenditures, the date of submission by the community boards of statements in regard to the preliminary budget, the date of submission by the commissioner of finance of an estimate of the assessed valuation of real property and statement of real property taxes due, expected to be received, and uncollected, the date of submission by the mayor of a tax benefit report, the date of submission by the borough boards of statements on budget priorities, the date of submission by the council of estimates of the financial needs of the council, the date of submission by the borough presidents of proposed modifications of the preliminary budget, the date of publication by the director of the independent budget office of a report analyzing the preliminary budget, and the date by which the council shall hold hearings and submit recommendations in regard to the preliminary budget, 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 section 12 of the New York city charter, as amended by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a preliminary management report as therein described not later than February 24, 2003, and the council shall conduct public hearings on such report prior to April 28, 2003 and submit to the mayor and make public not later than April 28, 2003, a report or reports of findings and recommendations.
2. Notwithstanding any inconsistent provisions of section 228 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of management and budget and the director of city planning shall pursuant to such section jointly submit a draft ten-year capital strategy as therein described not later than February 7, 2003.
3. Notwithstanding any inconsistent provisions of section 234 of the New York city charter, as added by vote of the electors on November 7, 1989, the city planning commission shall pursuant to such section submit a report on the draft ten-year capital strategy as therein described not later than March 27, 2003.
4. Notwithstanding any inconsistent provisions of section 235 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit and publish a preliminary certification regarding debt and reserves and appropriations and expenditures for capital projects as therein described not later than February 7, 2003.
5. Notwithstanding any inconsistent provisions of section 236 of the New York city charter, as amended by local law number 25 for the year 1998, the mayor shall pursuant to such section submit a preliminary budget as therein described not later than February 7, 2003.
6. Notwithstanding any inconsistent provisions of section 237 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of the independent budget office shall publish a report on revenues and expenditures as therein described on or before February 21, 2003.
7. Notwithstanding any inconsistent provisions of section 238 of the New York city charter, as added by vote of the electors on November 7, 1989, each community board shall pursuant to such section submit a statement and recommendations in regard to the preliminary budget as therein described not later than March 7, 2003.
8. Notwithstanding any inconsistent provisions of section 239 of the New York city charter, as added by vote of the electors on November 7, 1989, the commissioner of finance shall pursuant to such section submit an estimate of the assessed valuation of real property and a certified statement of all real property taxes due as therein described not later than March 7, 2003.
9. Notwithstanding any inconsistent provisions of section 240 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a tax benefit report as therein described not later than March 7, 2003.
10. Notwithstanding any inconsistent provisions of section 241 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough board shall pursuant to such section submit a statement of budget priorities as therein described not later than March 21, 2003.
11. Notwithstanding any inconsistent provisions of section 243 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section approve and submit estimates of the financial needs of the council as therein described not later than March 31, 2003.
12. Notwithstanding any inconsistent provisions of section 245 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough president shall pursuant to such section submit any proposed modifications of the preliminary budget as therein described not later than April 4, 2003.
13. Notwithstanding any inconsistent provisions of section 246 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of the independent budget office shall pursuant to such section publish a report analyzing the preliminary budget as therein described not later than April 4, 2003.
14. Notwithstanding any inconsistent provisions of section 247 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section hold hearings and submit recommendations as therein described not later than April 11, 2003.
§ 2. This local law shall take effect immediately and shall be retroactive to and deemed to have been in full force and effect as of November 1, 2002.
L.L. 2003/008
Enactment date: 2/10/2003
Int. No. 294
By Council Members Katz, Reed, Avella, Nelson, Weprin, Gerson and Moskowitz (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to sidewalk cafes, and to repeal subdivisions (c), (d) and (l) of section 20-226 of such code.
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 are assigned by or pursuant to 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, powers 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 or pursuant to this local law.
§ 14. Any rule or regulation in force on the effective date of this local law, and promulgated by an agency or officer whose power to promulgate such type of rule or regulation is assigned by or pursuant to this local law to some other agency or officer, shall continue in force as the rule or regulation of the agency or officer to whom such power is assigned, except as such other agency or officer may hereafter duly amend, supersede or repeal such rule or regulation.
§ 15. No existing right or remedy of any character accruing to the city shall be lost or impaired or affected by reason of the adoption of this local law.
§ 16. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer, 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 or pursuant to 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 or pursuant to this local law.
§ 17. Any license, permit or other authorization in force on the effective date of this local law, and issued by an agency, where the power of such agency to issue such license, permit or authorization is assigned by or pursuant to this local law to another agency or officer, shall continue in force as the license, permit or authorization of such other agency, or officer, except as such license, permit or authorization may expire or be altered, suspended or revoked by the appropriate agency or office pursuant to law. Such license, permit or authorization shall be renewable in accordance with the applicable law by the agency or officer with such power pursuant to law, including this local law.
§ 18. The provisions of this local law shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of this local law, or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this local law and the application thereof shall not be affected thereby.
§ 19. This local law shall apply to all licenses, permits or other authorizations in force as of its effective date.
§ 20. This local law shall take effect on the later of the date 45 days after its enactment into law or the date upon which amendments to Chapter 4 of Article I of the Zoning Resolution, relating to sidewalk cafe regulations, are adopted, whichever date is later, provided that the City agencies affected, including, but not limited to, the department of consumer affairs and the department of transportation, may take any actions necessary to effectuate the provisions of this local law prior to its effective date, including promulgation of rules prior to such effective date.
L.L. 2003/011
Enactment date: 2/18/2003
Int. No. 119-A
By Council Members Brewer, Avella, DeBlasio, Fidler, Jackson, Lopez, Monserrate, Moskowitz, Perkins, Reyna, Sears and Felder; also Council Members Addabbo and Sanders
A Local Law to amend the New York city charter, in relation to requiring that official publications of city agencies be submitted in electronic format to the department of records and information services and be made available to the public through the department's website.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. The Council finds and declares that the City of New York should lead the nation in using information technologies to improve the efficiency and accessibility of municipal government. Recognizing that the Internet offers a powerful means of accomplishing these twin goals, and recognizing further that reducing government's use of paper benefits the environment, the Council finds that City agencies should aggressively expand their presence on the City's award-winning website, nyc.gov, by posting vital documents and publications in a timely fashion for public use.
Pursuant to this legislation, and recognizing that the Department of Records and Information Services currently serves as the New York City Charter mandated repository and disseminator of City documents, City agencies will be required to transmit to the Department, in an electronic format, all documents required by law to be published or transmitted to the Mayor or Council. Such transmittal shall occur within ten business days after the date upon which any such document is required by law to be published or transmitted to the Mayor or Council. The Department of Records and Information Services shall further make any such document transmitted to the Department in this manner available on its website within ten business days after the date upon which any such document is required by law to be published or transmitted to the Mayor or Council. With these requirements, the City will make municipal information more readily accessible to the public and will, most importantly, encourage the increasing use of information technology resources as a means of improving government.
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[Consolidated provisions are not included in this Appendix A]
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§ 5. This local law shall take effect one hundred twenty days after its enactment except that community boards shall not be subject to the provisions of this local law until one year after its enactment.
L.L. 2003/012
Enactment date: 2/18/2003
Proposed Int. No. 171-A
By Council Member Moskowitz.
A Local Law to amend the administrative code of the city of New York in relation to strengthening and clarifying the Campaign Finance Act.
Be it enacted by the Council as follows:
Section 1. Declaration of Legislative Intent and Findings.
The New York City Campaign Finance Act was adopted by the New York City Council in 1988. The Act, through its administration by the Campaign Finance Board, has succeeded in enhancing competition for elective municipal offices, limiting campaign contributions and expenditures to reasonable levels, and vastly increasing public information about the sources and uses of campaign funds. New York City's campaign finance program has been a model for the nation and a first-rate example of successful campaign finance reform in action.
After greater than a decade of experience, the Council seeks to reaffirm the fundamental goals of the Campaign Finance Act and to strengthen this landmark law through changes that are intended to encourage a continued high level of participation in the voluntary program and to protect public funds from fraud and unnecessary expenditures.
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[Consolidated provisions are not included in this Appendix A]
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§ 16. Notwithstanding any provision of this local law to the contrary, an authorized committee, as such term is defined in section 3-702 of the administrative code, authorized by a participating candidate to aid or take part in a covered election scheduled to be held before January first, two thousand and four, that was in existence as of December first, two thousand and two, may continue in existence as such candidate's principal committee, as such term is defined in this local law, notwithstanding that such committee had been authorized or otherwise active for any prior election.
§ 17. This local law shall become effective immediately, except the amendments to subdivision 12 of section 3-703 contained in section 4 of this local law, which shall become effective December thirty-first, two thousand and three.
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