L.L. 2005/046

Enactment date: 5/19/2005

Int. No. 141-A

By Council Members Reed, Brewer, Gentile, Gioia, Monserrate, Nelson, Moskowitz, Addabbo, Liu, Koppell, Weprin and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to requiring businesses to notify consumers in the event of a security breach of personal identifying information.

Be it enacted by the Council as follows:

Section One. Legislative declaration. The Council finds that acts of identity theft are plaguing New Yorkers. Federal Trade Commission statistics for 2002 and 2003 indicate that identity theft is the single most common consumer fraud complaint in the nation. New York City residents are as likely to be victimized by identity theft as the citizens of many cities within the United States.

The Council finds that identity thieves often gain control of victims' sensitive personal information by hacking into computers or otherwise violating the security of data systems. When such unauthorized persons acquire individuals' personal information, they are able to access bank accounts, take control of credit cards, and defraud unsuspecting victims. The Council thus finds that one of the most effective ways to curtail identity thieves is to inform would-be victims that the security of their sensitive personal information has been violated; individuals can then take the steps necessary to regain control of their privacy and finances.

Accordingly, the Council finds it necessary to require businesses required to be licensed by the Department of Consumer Affairs, or pursuant to provisions of state law enforced by the department, to inform individuals whenever there has been a breach of security with respect to sensitive personal information. Business people can best serve their fellow New Yorkers by making such disclosures expeditiously, while acting in accordance with the procedures of the New York City Police Department and other legitimate law enforcement agents.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. If any section, subdivision, 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 120 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, establishing guidelines and promulgating rules.

L.L. 2005/049

Enactment date: 5/19/2005

Int. No. 396-A

By Council Member Fidler and the Speaker (Council Member Miller), and Council Members Reyna, Dilan, Gonzalez, Martinez, Baez, Rivera, Monserrate, Lopez, Palma, Quinn, Stewart, Oddo, Recchia, Boyland, Comrie, James, Koppell, Gerson, Addabbo, Vann, McMahon, Weprin, Gennaro, Vallone, Reed, Jennings, Felder, Clarke, Avella, Seabrook, Gioia, Barron, Perkins, Gentile, Brewer, Provenzano, DeBlasio, Lanza, Gallagher, Sanders, Yassky, Jackson, Sears, Foster, Liu, Nelson, Katz and Moskowitz

A Local Law to amend the administrative code of the city of New York, in relation to banning the sale of certain substances containing lead.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. Lead is a highly toxic substance that has been found to cause permanent neurological damage in children. Lead poisoning is linked to many adverse health effects among children, including learning disabilities, behavioral problems, seizures, coma and sometimes death.

According to the Food and Drug Administration ("FDA"), litargirio is a yellow or peach colored powder, manufactured by certain laboratories outside of the United States, that has no proven health benefits and, because of its high lead content, poses health risks, especially for children, when used in contact with the skin or ingested. This powder has been used, among other things, as a deodorant, a foot fungicide and a treatment for burns and wounds. Because of the serious health risks associated with this powder, the FDA has issued a warning to the public not to use litargirio for any health-related or personal purposes.

In addition, certain candy products have been discovered to contain dangerously high levels of lead For example, the FDA has warned consumers to avoid purchasing or consuming certain candies and snack products containing chili or products such as tamarind candies sold in clay pots and often manufactured outside of the United States. Some of these products have been found to contain high levels of lead and can increase the chances of lead poisoning in children. In addition, the risk of lead poisoning may also arise from the use of certain candy wrappers.

Accordingly, as a result of the proven toxicity of lead and the above-mentioned FDA warnings, the Council finds that litargirio and certain candy products containing lead are dangerous substances, the sale of which should be prohibited in order to protect the public health.

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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 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 remain in full force and effect.

§ 4. This local law shall take effect one hundred and eighty days after its enactment into law.

L.L. 2005/050

Enactment date: 5/19/2005

Int. No. 535-A

By Council Members DeBlasio, Quinn, Gioia, the Speaker (Council Member Miller), Brewer, Clarke, Fidler, Foster, Gerson, James, Liu, Lopez, Martinez, Palma, Recchia Jr., Reed, Sanders Jr., Seabrook, Weprin, Baez, Koppell, Moskowitz, Gennaro, Monserrate, Reyna, Addabbo Jr., Perkins, Boyland, Gonzalez and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to processing of applications for non-emergency housing for clients of the HIV and AIDS Services Administration.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council hereby finds and declares that people with clinical/symptomatic HIV disease and AIDS who seek assistance from New York City's Human Resources Administration ("HRA") have particularly acute needs for safe, clean housing to keep them healthy. The Council further finds that homeless clients of the department of AIDS services/HIV and AIDS Services Administration often spend long periods of time in emergency housing while they wait for medically appropriate, non-emergency housing. The goal of this legislation is to facilitate the application and referral process for medically appropriate, non-emergency housing for New Yorkers living with HIV and AIDS.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect ninety days after its enactment.