L.L. 2006/019

Enactment date: 6/19/2006

Int. No. 367

By the Speaker (Council Member Quinn) and Council Members Weprin, Comrie, Clarke, Garodnick, Martinez, Nelson, Palma, Recchia Jr., Vann, Sears, James and The Public Advocate (Ms. Gotbaum)

A Local Law in relation to the establishment of a retiree health benefits trust fund.

Be it enacted by the Council as follows:

Section 1. Legislative Intent. The Council hereby finds that it is in the best interests of the City to begin to address the ongoing liability of funding the increasing costs of health benefits for the City's retired workers and their dependents covered under the City's health and welfare plans. In his Fiscal 2007 Preliminary Budget the Mayor proposed the establishment of a retiree health benefits trust fund into which would be deposited money for the exclusive purpose of funding the health and welfare benefits (other than those paid through the Management Benefits Fund) of retired city employees and their dependents. The rationale behind the fund's creation is to give the City the ability to place certain surplus and potentially non-recurring funds in fiscal years of strong revenues in trust for the purpose of irrevocably funding certain of the City's retiree health and welfare benefit obligations. The Council, agreeing with this goal, approved a budget modification in March, appropriating $1 billion for such a trust fund.

The Council further finds that it is imperative that in order to establish and employ such a trust for the purpose of funding these costs, the trust fund must be irrevocable so that the funds may not be able to be used for any other purpose than for the payment of such retiree health and welfare benefits. Funds in the trust must be used only to pay these costs and must be paid directly to the retirees, to the providers of the health and welfare benefits to retired City workers and their dependents or to welfare funds established for their benefit.

In addition, the Council finds that the creation and existence of such a trust fund must in no way affect the operation of the budget adoption process as it relates to the funding of these costs. In other words, decisions as to whether or not the liability for retiree health benefits should be paid from current revenues or from money previously set aside in the trust fund should be made in the budget adoption process and neither the Council nor the Mayor should be able to use the trust fund to circumvent or short circuit that process. For this reason the Council and the Mayor have agreed that all appropriations for such retiree health and welfare benefits shall be paid into the fund and all expenses shall be paid from the fund as long as such funds are available. In this way the annual liability will be paid first from money available in the trust fund to the extent these funds are available, and the City will determine, in the course of adopting a budget, how much will be paid into the fund from current revenues.

Finally, to ensure accountability, the Council finds that the City's chief fiscal officer, the Comptroller, should be responsible for auditing the trust and managing the investment of the funds.

§ 2. Establishment of Trust.

   (a)   Notwithstanding any provision of law to the contrary, the mayor is hereby authorized to establish a retiree health benefits trust fund for the exclusive benefit of retired city employees and their dependents.

   (b)   Such trust fund shall be established under the common law of the state of New York.

   (c)   The sole purpose of the trust fund established pursuant to subdivision (a) of this section shall be to fund the health and welfare benefits of retired city workers and their dependents.

§ 3. Payments into and from the trust.

   (a)   Payments into and from the trust fund established pursuant to section two of this local law shall be made in accordance with this section.

   (b)   All appropriations in the city's expense budget for retiree health and welfare benefits (other than those provided through the management benefits fund) shall be paid into such trust fund.

   (c)   All payments for retiree health and welfare benefits (other than those provided through the management benefits fund) shall be made from such trust fund to the extent funds are available therefore.

§ 4. Investments; audits.

   (a)   The comptroller shall be responsible for managing the investments of the trust fund established pursuant to section two of this local law.

   (b)   The comptroller shall have the power to audit such trust fund and shall ensure that all funds appropriated for retiree health and welfare benefits (other than those provided through the management benefits fund) are paid into such trust fund and that monies paid out of such trust fund are used solely as set forth in section two of this local law.

§ 5. Other Matters. Prior actions taken by the city in connection with the establishment of the trust fund are hereby ratified.

§ 6. This local law shall take effect immediately.

L.L. 2006/021

Enactment date: 6/13/2006

Int. No. 208-A

By Council Members Gennaro, Dickens, Nelson, Sanders Jr., Weprin, Koppell, Recchia Jr. and Stewart (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to applying certain fuel and technology exemptions and requirements to department of correction vehicles specially equipped for emergency response and to buses purchased for use by the department of correction.

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law shall take effect immediately upon its enactment into law, provided that subparagraph (iii) of paragraph one of subdivision d of section 24-163.2, as added by section two of this local law, shall expire on the date that the report due January 1, 2010 pursuant to that paragraph is submitted as required, and provided further that paragraph three of subdivision g of section 24-163.2, as added by section three of this local law, shall expire on June 30, 2009.

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:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.