2006
L.L. 2006/004
Enactment date: 4/10/2006
Int. No. 244
By Council Members Addabbo, Nelson, Seabrook and Stewart (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York in relation to members of the fire department who formerly served as police officers.
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 immediately and shall apply to persons who join the uniformed force of the fire department on or after the effective date.
L.L. 2006/005
Enactment date: 4/10/2006
Int. No. 259
By Council Members Weprin and Comrie (by request of the Mayor)
A Local Law in relation to the date of submission by the Mayor of the proposed executive budget and budget message, the date of submission by the Borough Presidents of recommendations in response to the Mayor's executive budget, the date of publication of a report by the director of the independent budget office analyzing the executive budget, the date by which the Council hearings pertaining to the executive budget shall conclude, the date by which if the expense budget has not been adopted, the expense budget and tax rate 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 date of submission by the Mayor of an estimate of the probable amount of receipts, the date by which any person or organization may submit an official alternative estimate of revenues, 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 seven.
Be it enacted by the Council as follows:
Section 1. During the calendar year 2006 and in relation to the 2007 fiscal year:
1. Notwithstanding any inconsistent provisions of section 249 of the New York city charter, as added by vote of the electors on November 7, 1989, subdivision a of section 249 as amended by local law number 25 for the year 1998, the Mayor shall pursuant to such section submit a proposed executive budget and budget message as therein described not later than May 4, 2006.
2. Notwithstanding any inconsistent provisions of section 251 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 recommendations in response to the Mayor's executive budget as therein described not later than May 15, 2006.
3. Notwithstanding any inconsistent provisions of section 252 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 executive budget as therein described not later than May 23, 2006.
4. Notwithstanding any inconsistent provisions of section 253 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 on the executive budget as therein described which shall conclude by June 9, 2006.
5. 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, and subdivision b of section 1516 of the New York city charter, as amended by vote of the electors on November 7, 1989, if an expense budget has not been adopted by June 13, 2006 pursuant to subdivisions a and b of section 254 of the New York city charter, the expense budget and tax rate 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.
6. Notwithstanding any inconsistent provisions of subdivision e of section 254 of the New York city 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, 2006 pursuant to subdivisions a and b of such section, the unutilized portion of all prior capital appropriations shall be deemed reappropriated.
7. Notwithstanding any inconsistent provisions of subdivision a of section 1515 of the New York city 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, 2006.
8. Notwithstanding any inconsistent provisions of subdivision d of section 1515 of the New York city charter, as added by vote of the electors on November 7, 1989, any person or organization may pursuant to such subdivision submit an official alternative estimate of revenues as described therein at any time prior to May 31, 2006.
9. Notwithstanding any inconsistent provisions of subdivision a of section 1516-a of the New York city charter, as amended by vote of the electors on November 7, 1989, if the Council has not fixed the tax rates for the ensuing fiscal year on or before June 13, 2006, the commissioner of finance shall pursuant to such subdivision 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.
10. Notwithstanding any inconsistent provisions of subdivision b of section 1516-a of the New York city charter, as amended by vote of the electors on November 7, 1989, if, subsequent to June 13, 2006, the Council shall, pursuant to section 1516 of the New York city 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 at the estimated rates, where the commissioner of finance has exercised the authority granted by subdivision a of section 1516-a of such charter to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. However, in such event, prior to the first day of January in such fiscal year, the commissioner of finance shall cause the completed assessment rolls to be revised to reflect the tax rates fixed by the Council pursuant to section 1516 of such charter, and an amended bill for the installment or installments for such fiscal year due and payable on or after the first day of January shall be submitted to each taxpayer in which whatever adjustment may be required as a result of the estimated bill previously submitted to the taxpayer shall be reflected.
§ 2. This local law shall take effect immediately.
L.L. 2006/009
Enactment date: 5/11/2006
Int. No. 232-A
By Council Members Monserrate, Weprin, Addabbo, Dickens, Gennaro, Gentile, James, Martinez, Nelson, Recchia, Sanders, Stewart, Katz, Avella, Fidler and the Public Advocate (Ms. Gotbaum)
A Local Law to amend the administrative code of the city of New York, in relation to providing notice to residential property owners of certain real property tax exemptions.
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 immediately and the department shall mail the first notice required pursuant to this section before the end of fiscal year 2007.
L.L. 2006/011
Enactment date: 5/11/2006
Int. No. 243-A
By Council Members Yassky, Brewer, Fidler, Koppell, Nelson, Recchia Jr., Barron, Gentile, Felder, Garodnick, Gennaro and Weprin (by request of the Brooklyn Borough President)
A Local Law to amend the administrative code of the city of New York, in relation to reducing no-fault motor vehicle insurance fraud.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. The Council finds that fraud in the State's no-fault automobile insurance system is a significant and costly problem. According to a 2000 report of the Insurance Information Institute, no-fault automobile insurance medical claims are filed in New York State at a rate that is 30% higher than the nationwide no-fault median, and the State's average cost per claim is greater than twice the no-fault median. Recent changes in New York State law, which reduced the time in which a no-fault medical claim or accident may be reported, have resulted in a decrease in the number of claims and the average cost per claim. However, such changes in the law did not help identify and monitor the perpetrators of no-fault motor vehicle insurance fraud, or prohibit activities, such as the hiring of "runners," that enable such fraudulent activities to continue.
The Council finds that abuse of the no-fault automobile insurance system has led to higher automobile insurance costs in New York City, particularly in Brooklyn. According to an October 2004 report issued by a task force established by the Brooklyn Borough President's Office, it is generally accepted that Brooklyn experiences among the highest automobile insurance rates in the country. The Council finds that medical clinics that are primarily established for the purpose of engaging in fraudulent activity with respect to no-fault motor vehicle insurance are an essential element in perpetrating the fraudulent scheme and contributing to the high automobile insurance costs in New York City. The Council therefore finds that medical clinics that bill high amounts of no-fault insurance medical treatment claims should be monitored through periodic reporting requirements and prohibited from engaging "runners" to procure additional patients.
The Council finds that abuse of the no-fault automobile insurance system has led to higher automobile insurance costs in New York City, particularly in Brooklyn. According to an October 2004 report issued by a task force established by the Brooklyn Borough President's Office, it is generally accepted that Brooklyn experiences among the highest automobile insurance rates in the country. The Council finds that medical clinics that are primarily established for the purpose of engaging in fraudulent activity with respect to no-fault motor vehicle insurance are an essential element in perpetrating the fraudulent scheme and contributing to the high automobile insurance costs in New York City. The Council therefore finds that medical clinics that bill high amounts of no-fault insurance medical treatment claims should be monitored through periodic reporting requirements and prohibited from engaging "runners" to procure additional patients.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. Severability. If any subdivision, sentence, clause, phrase or other portion of the local law that added this chapter 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 chapter, which remaining portions shall remain in full force and effect.
§ 4. This local law shall take effect ninety days after its enactment into law.
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