L.L. 2006/022

Enactment date: 7/11/2006

Int. No. 350-A

By Council Members Addabbo Jr., Fidler, Seabrook, Stewart, White Jr., Nelson and Sears (by request of the Mayor)

A Local Law to amend the New York city charter, the administrative code of the city of New York and local law number 58 for the year 1996, relating to performance by the police department of certain functions previously performed by the department of transportation, in relation to authorizing employees of the police department to perform parking enforcement functions.

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. Section 3 of local law number 58 for the year 1996 is amended to read as follows:

§3.   [(a)]   In order to effectuate the provisions of subdivision b of section four hundred thirty-five of the New York city charter, as enacted by section one of this local law, officers and employees in the classified city civil service who are engaged in the performance of the functions, powers or duties described in such section shall be transferred to the police department without further examination or qualification, and shall retain their respective civil service classifications and civil service status.

   [(b)   Notwithstanding subdivision a of this section, officers and employees of the department of transportation classified in the parking control specialist series shall not be transferred pursuant to this local law.]

§ 4. In order to effectuate the provisions of subdivision a of section 14-118.2 of the administrative code of the city of New York, as amended by section 2 of this local law, officers and employees in the classified city civil service who are engaged in the performance of the functions, powers or duties described in such section shall be transferred to the police department without further examination or qualification, and shall retain their respective civil service classifications and civil service status; provided, however, that employees who are subject to pending disciplinary charges on the date of the functional transfer, or against whom a disciplinary penalty has been assessed but not yet served or paid on or prior to such date, may be retained in the employment of the department of transportation until the resolution of the adjudicative or administrative proceedings and until any outstanding disciplinary penalty has been served or paid.

§ 5. No existing right or remedy of any character to the city shall be lost or impaired or affected by reason of the enactment of this local law.

§ 6. No civil, criminal or administrative action or proceeding pending at the time when this local law shall take effect, brought by or against the city or any agency or officer of the city, shall be affected or abated by the enactment of this local law or by anything contained herein; but any or all such actions and proceedings may be assigned or transferred to the police department, but in that event the same may be prosecuted or defended by the police commissioner.

§ 7. This local law shall take effect July 2, 2006, or as soon as practicable thereafter as a transfer of functions may be effectuated pursuant to this local law and subdivision 2 of section 70 of the civil service law; provided, however, that any or all actions necessary to effectuate such transfer may be taken prior to such effective date.

L.L. 2006/023

Enactment date: 7/11/2006

Int. No. 368-A

By the Speaker (Council Member Quinn) and Council Members Gentile, Reyna, Monserrate, Dickens, Comrie, Gerson, Gonzalez, Mark-Viverito, Nelson and Palma

A Local Law in relation to the naming of five thoroughfares and public places, Actors' Equity Corner, Borough of Manhattan, Josephine Diana Blvd., Borough of Brooklyn, Rev. Msgr. Bryan J. Karvelis Way, Borough of Brooklyn, Sgt. Jose Gomez Place, Borough of Queens and Dr. Reverend Wyatt Tee Walker Square, Borough of Manhattan and the repeal of sections 3, 26 and 47 of local law number 13 for the year 2006.

Be it enacted by the Council as follows:

Section 1. Section 3 of local law number 13 for the year 2006 is hereby REPEALED.

§ 2. Section 26 of local law number 13 for the year 2006 is hereby REPEALED.

§ 3. Section 47 of local law number 13 for the year 2006 is hereby REPEALED.

§ 4. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Actors' Equity Corner	None	Northeast corner of 46th Street and 7th Avenue

 

§ 5. The following intersection name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Josephine Diana Blvd.	None	17th Avenue and 72nd Street

 

§ 6. The following street name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Rev. Msgr. Bryan J. Karvelis Way	Marcy Avenue	Between Hewes and Hooper Streets

 

§ 7. The following street name, in the Borough of Queens, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Sgt. Jose Gomez Place	104th Street	Between 37th and 38th Avenues

 

§ 8. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Dr. Reverend Wyatt Tee Walker Square	None	West 116th Street and Adam Clayton Powell, Jr. Boulevard

 

§ 9. This local law shall take effect immediately.

L.L. 2006/024

Enactment date: 7/11/2006

Int. No. 384

By the Speaker (Council Member Quinn) and Council Members Yassky, Weprin, Recchia Jr., James, Gioia, Jackson, Arroyo, Martinez, Comrie, Mealy and Nelson (in conjunction with the Mayor)

A Local Law to amend local law number 2 for the year 2005, in relation to film production tax credits.

Be it enacted by the Council as follows:

Section 1. Sections 4, 5 and 6 of local law 2 of 2005 are hereby amended to read as follows:

§ 4. Maximum amount of credits.

   (a)   The aggregate amount of tax credits allowed pursuant to [sections one and two of this legislation] subdivision (m) of section 11-503 of the administrative code of the city of New York and subdivision twenty of section 11-604 of the administrative code of the city of New York in any calendar year shall be $12.5 million in 2004 and 2005 and $30 million in 2006 through 2011. Such aggregate amount of credits shall be allocated by the mayor's office of film, [theater] theatre and broadcasting among taxpayers in order of priority based upon the date of filing an application for allocation of film production credit with such office. If the total amount of allocated credits applied for in any particular year exceeds the aggregate amount of tax credits allowed for such year under this section, such excess shall be treated as having been applied for on the first day of the subsequent year.

§ 5. The [Mayor's Office of Film, Theater, and Broadcast] mayor's office of film, theatre and broadcasting shall, in accordance with [§7 of Part P of Chapter 60 of the Laws of 2004] sections two and three of part Y of a chapter of the laws of 2006, as set forth in legislative bill number S.6460-C, which was delivered to the secretary of state on April 28, 2006, [promulgate] amend, as soon as practicable, rules to establish procedures for the allocation of tax credits as required by section [4] four of this local law. Such rules shall include provisions describing the application process, the due dates for such applications, the standards which shall be used to evaluate the applications, the documentation that will be provided [to] by taxpayers to substantiate the amount of tax credits allocated to such taxpayers, and such other provisions as deemed necessary and appropriate.

§ 6. This local law shall take effect immediately, except that sections two and three of this local law shall take effect as of the effective date of a chapter of the laws of New York that authorizes the enactment of an empire state film production credit against the unincorporated business income tax of the city of New York. This local law shall apply to taxable years beginning on or after January 1, 2005 with respect to "qualified production costs" paid or incurred on or after August 20, 2004, in connection with qualified films completed on or after January 1, 2005 regardless of whether the [production of the] initial application relating to such qualified film [commenced] was first submitted before August 20, 2004; provided, however, that this local law shall expire and shall be deemed to have no force and effect as of [August 20, 2008] December 31, 2011, and provided further, that the expiration of this local law shall not affect the carry over of any credit allowed pursuant to this local law and, subsequent to the expiration of this local law, such carry over credits shall be allowed as provided by and pursuant to the provisions of this local law.

§ 2. This local law shall take effect immediately.

L.L. 2006/029

Enactment date: 7/27/2006

Int. No. 362-A

By the Speaker (Council Member Quinn) and Council Members Vallone Jr., Addabbo Jr., Brewer, Clarke, Comrie, Felder, Fidler, Gentile, Gerson, Gonzalez, James, Koppell, Liu, Mark-Viverito, Martinez, Monserrate, Nelson, Recchia Jr., Stewart, Vann, Weprin, Garodnick, McMahon, Gioia, Sears, Gennaro, Dilan, Foster, Jackson, Yassky, Katz, Oddo and The Public Advocate (Ms. Gotbaum) (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to a gun offender registry.

Be it enacted by the Council as follows:

Section one. Legislative findings and intent. The Council of the City of New York finds that people who have been convicted of felony gun offenses pose unique dangers to the people of this City and should, therefore, be monitored to prevent them from reoffending and to ensure their prompt apprehension if they do commit further crimes.

The New York City Police Department has shown that information about past offenders can be used to prevent future crimes. The Specially Targeted Offenders Project (STOP) led to 247 arrests of offenders who had violated a duty to report changes in address under the state's Correction Law from 2003 to 2004, almost doubling the rate of such arrests from the previous year.

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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 240 days after it shall have been enacted into law, provided that the commissioner may take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, promulgating rules and regulations.

L.L. 2006/030

Enactment date: 7/27/2006

Int. No. 363-A

By the Speaker (Council Member Quinn) and Council Members Vallone Jr., Addabbo Jr., Brewer, Clarke, Comrie, Felder, Fidler, Gentile, Gonzalez, James, Koppell, Liu, Mark-Viverito, Martinez, Monserrate, Nelson, Recchia Jr., Stewart, Vann, Weprin, Mealy, Garodnick, McMahon, Gioia, Gennaro, Sears, Dilan, Foster, Jackson, Yassky, Katz, Oddo and The Public Advocate (Ms. Gotbaum) (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to detecting and preventing the theft of firearms from licensed firearms dealers.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds that action is necessary to detect, and therefore prevent, the theft of firearms from licensed dealers. Firearms illicitly removed from licensed dealers provide one avenue of supply for the illegal handgun market and for gun crime. Given the lethality of modern handguns and the existence of a market for the illegal resale of handguns to people who should not legally possess them, every missing gun should be the focus of police attention as soon as practicable. This can be accomplished through effective and mandatory inventory controls by licensed firearms dealers.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. Severability. If any provision of this local law is for any reason found to be invalid, in whole or in part, by any court of competent jurisdiction, such finding shall not affect the validity of all remaining portions of this local law, which shall continue in full force and effect.

§ 5. This local law shall take effect 120 days after its enactment into law, provided that, prior to such effective date, the police commissioner shall promulgate such rules and take such other actions as are necessary to its timely implementation.

L.L. 2006/031

Enactment date: 7/27/2006

Int. No. 364

By the Speaker (Council Member Quinn) and Council Members Vallone Jr., Brewer, Clarke, Comrie, Felder, Fidler, Gonzalez, James, Koppell, Liu, Mark-Viverito, Martinez, Monserrate, Nelson, Palma, Recchia Jr., Sears, Stewart, Vann, Weprin, Mealy, Garodnick, McMahon, Gioia, Gennaro, Dilan, Foster, Jackson, Yassky, Katz, Gentile, Oddo and The Public Advocate (Ms. Gotbaum) (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to multiple purchases of firearms and the prevention of firearms trafficking.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. In local law number 9 for the year 2005, the Council addressed the problem of the diversion of rifles and shotguns to the illegal gun marketplace. The Council finds that the provisions of this local law must be strengthened and extended to address the problem of the proliferation of illegal handguns.

The illegal possession of handguns - by felons, juveniles, drug addicts, people subject to restraining orders for domestic violence, and others not legally entitled to possess handguns - is a deadly and ongoing threat to the people of New York City. The city, state, and federal government maintain extensive statutes and licensing schemes to prevent such people from acquiring handguns. Nonetheless, networks of illegal gun traffickers supply handguns to at a large profit to people who should not have them.

Approximately twenty percent of the city's robberies and the majority of its murders involve guns. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) traced 8,437 guns used in crime in New York City from August 1997 to July 1998. Of those guns, 278 were used in homicides and 618 were used by juveniles.

Although traffickers can obtain guns in many ways, they are often able to simply buy them from federally licensed retailers. Rather than buy guns in their own names, illegal traffickers usually rely on "straw purchases," i.e., having someone else purchase guns on their behalf. One ATF study concluded that more than half of the guns identified in urban trafficking investigations that involved juveniles had been trafficked by straw purchasers or straw purchasing rings.

ATF has found that purchases of multiple handguns at the same time are a strong indicator of straw purchases and, therefore, of illegal handgun trafficking. A loophole in existing federal and New York state law allows a purchaser, once approved, to buy as many guns at a time as he or she likes. Having a straw purchaser buy more than one handgun at a time allows traffickers to work quickly, efficiently, and without involving more criminal confederates than necessary.

Due to the importance in illegal gun sales of multiple purchases by straw purchasers, limiting or prohibiting multiple sales by licensed dealers inhibits gun crime and illegal gun trafficking. After South Carolina and Virginia enacted one-handgun-per-month laws, their significance as suppliers of crime guns to Northeastern states diminished sharply. In the year after Maryland passed a similar law, it experienced a fourteen percent drop in homicides. Moreover, the number of crime guns seized in the adjacent District of Columbia that had first been bought at retail in Maryland dropped from twenty to zero.

In order to fight illegal handgun trafficking and therefore the supply of handguns to people who, under existing law, should not have handguns, the city must limit multiple and closely consecutive purchases of handguns. Doing so will not only save lives, but will also reinforce the city's position as a national leader against gun crime.

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[Consolidated provisions are not included in this Appendix A]

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§ 6. Severability. If any provision of this local law is for any reason found to be invalid, in whole or in part, by any court of competent jurisdiction, such finding shall not affect the validity of all remaining provisions of this local law, which shall continue in full force and effect.

§ 7. This local law shall take effect 120 days following its enactment into law, provided that, prior to such effective date, the police commissioner shall promulgate such rules and take such other actions as are necessary to its timely implementation.

L.L. 2006/032

Enactment date: 7/27/2006

Int. No. 365-A

By the Speaker (Council Member Quinn) and Council Members Vallone Jr., Addabbo Jr., Avella, Brewer, Clarke, Comrie, Felder, Fidler, Gentile, Gerson, Gonzalez, James, Koppell, Liu, Mark-Viverito, Martinez, Nelson, Recchia Jr., Rivera, Sears, Stewart, Vann, Weprin, Mealy, Garodnick, Monserrate, McMahon, Gioia, Gennaro, Dilan, Foster, Jackson, Yassky, Katz, Oddo and The Public Advocate (Ms. Gotbaum) (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to banning firearms, rifles, or shotguns that are colored so as to appear to be toy guns.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds that guns that are colored so as to resemble toy guns endanger law enforcement officers and the public without serving any legitimate purpose. Multiple firms now offer to cover guns with ceramic coatings in an array of colors, including "hidden white" and "electric cherry." One even sells on the internet kits designed to allow people to recolor their guns in such colors. Guns in such colors could be easily mistaken for toys, which poses many dangers. If such colored guns deceive police officers, or even cause officers to hesitate for a moment, armed criminals are given a potentially fatal advantage. Furthermore, a young child who comes upon a gun in an attractive color could easily mistake it for a toy with predictably tragic results.

Deceptively colored firearms pose a particular threat to New Yorkers because they undercut legislation that the Council passed seven years ago. Under Local Law 58 of 1999, toy guns (unless they are transparent or translucent) must be colored certain bright hues. The Council imposed this requirement to ensure that toy guns are never mistaken for real ones. Ceramic coating on real guns in the colors designated by Local Law 58 subverts the basic purpose of that law, changing it from one that protects the public to one that places police at greater risk.

There is no legitimate reason for anyone to disguise a gun to look like a toy, and such deceptive guns should be banned from New York City. By the same token, no person or company should disguise or offer to disguise a gun by changing its color, essentially seeking profit at the expense of City law and public safety. The Council therefore intends for this law to apply to the full extent of its jurisdiction under the state and federal constitutions to the practices addressed herein.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Severability. If any provision of this local law is for any reason found to be invalid, in whole or in part, by any court of competent jurisdiction, such finding shall not affect the validity of all remaining portions of this local law, which shall continue in full force and effect.

§ 4. This local law shall take effect 120 days after its enactment into law, provided that, prior to such effective date, the police commissioner shall promulgate such rules and take such other actions as are necessary to its timely implementation.

L.L. 2006/033

Enactment date: 7/27/2006

Int. No. 402

By Council Member McMahon and the Speaker (Council Member Quinn) and Council Members Comrie, Gonzalez, James, Reyna, Sears and White Jr.

A Local Law to grant the authority for the submission of a Proposed Final Comprehensive Solid Waste Management Plan for the City of New York.

Be it enacted by the Council as follows:

Section 1. Pursuant to article twenty seven of the New York state environmental conservation law and section 360-15 of title six of the official compilation of the codes, rules and regulations of the state of New York, the council hereby grants the authority for the submission of the proposed final comprehensive solid waste management plan for the city of New York, dated the nineteenth day of July, two thousand six, to the New York state department of environmental conservation.

§ 2. Any revision to the comprehensive solid waste management plan dated the nineteenth day of July, two thousand six referred to in section one that is proposed by the city of New York and is to be made subsequent to the passage of this local law and prior to approval by the New York state department of environmental conservation may not be submitted to the New York state department of environmental conservation unless such proposed revision has been presented to the council and within thirty days from the first regular stated meeting following receipt of such proposed revision the council has not passed a local law denying the authority for such submission.

§ 3. This local law shall take effect immediately.

L.L. 2006/034

Enactment date: 8/23/2006

Int. No. 290-A

By Council Members Gennaro, Brewer, Fidler, Foster, Gentile, Koppell, Liu, Mark-Viverito, Nelson, Weprin, Sears, Garodnick, Felder, Martinez, White Jr. and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to requiring credit counseling agencies to notify consumers when they are not approved pursuant to the Bankruptcy Prevention and Consumer Protection Act of 2005.

Be it enacted by the Council as follows:

Section 1. Of increasing regularity, indebted city residents have been the victims of a fraudulent scheme presented under the guise of financial assistance. Under this unscrupulous plan, numerous dishonest lenders have begun offering "credit counseling" services. However, instead of devising a realistic management plan to reduce debt, these businesses frequently take advantage of their customers' dire financial situations. Often, the counselor will recommend that the consumer borrow funds to satisfy outstanding balances and consolidate payments. The counseling agency will then arrange such loan against the consumer's assets, often a real estate interest.

However, many victims of this scam report that the loan interest rates are so high that they are regularly in a worse fiscal position than before they sought counseling. Ultimately, the business that advertised its ability to help these consumers owns an interest in their customer's property and earns exorbitant interest on the funds loaned. When the consumer is unable to meet his or her monthly obligation, the lender may simply foreclose and sell the real estate.

Section 106 of the newly enacted Bankruptcy Prevention and Consumer Protection Act of 2005 prohibits an individual from filing for personal bankruptcy protection unless such person has received credit counseling from an approved nonprofit budget and credit counseling service prior to filing a bankruptcy petition. The U.S. Trustee may waive this requirement only if an applicant can establish that the district in which he or she resides does not provide adequate services.

Chapter 1 of the Bankruptcy and Consumer Protection Act of 2005 specifies the requirements that a services provider must satisfy to obtain federal approval, including, but not limited to, staffing, organizational structure and counseling topic areas. Determinations must be reviewed annually and approval may be revoked at any time. Further, the Chief Bankruptcy Clerk must maintain a list, available to the public, of all approved credit counselors. Presently, there are thirteen counselors approved for residents of the Southern District of New York State, which includes the city of New York City, and fourteen for residents of the Eastern District.

To thwart unscrupulous lenders from taking advantage of consumers in financial crisis, and to ensure that each New Yorker receives the best counseling possible, the Council finds it necessary to require businesses that offer credit counseling services to inform individuals that the business, if not approved, has not been certified pursuant to the Bankruptcy Prevention and Consumer Protection Act of 2005.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect one hundred twenty days after it shall have been enacted into law; provided, however, that the commissioner shall take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, establishing guidelines and promulgating rules.