L.L. 2005/043

A Local Law in relation to the date of issuance and publication by the Mayor of a ten-year capital strategy, 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 six.

Be it enacted by the Council as follows:

Section 1. During the calendar year 2005 and in relation to the 2006 fiscal year:

1. Notwithstanding any inconsistent provisions of section 248 of the New York city charter, as added by vote of the electors on November 7, 1989, the Mayor shall pursuant to such section issue and publish a ten-year capital strategy as therein described not later than May 5, 2005.

2. 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 5, 2005.

3. 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 16, 2005.

4. 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 24, 2005.

5. 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 6, 2005.

6. 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 8, 2005 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.

7. 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 8, 2005 pursuant to subdivisions a and b of such section, the unutilized portion of all prior capital appropriations shall be deemed reappropriated.

8. 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 8, 2005.

9. 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 June 1, 2005.

10. 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 8, 2005, 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.

11. 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 8, 2005, 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. 2005/036

Enactment date: 5/9/2005

Int. No. 328-A

By Council Members Gennaro, Quinn, Clarke, Gerson, Gioia, Koppell, Liu, Lopez, Martinez, Nelson, Perkins, Sanders, Stewart, Vallone, Weprin, Moskowitz, Reyna, Foster, McMahon, Recchia, Monserrate, Gentile, Brewer, Yassky, Fidler, DeBlasio, Baez, James, the Speaker (Council Member Miller), Palma, Katz, Avella, Jackson, Sears, Rivera, Barron and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to opting in to the State Neighbor Notification Law concerning the application of pesticides.

Be it enacted by the Council as follows:

Section 1. Legislative Findings. The Council finds that individuals and their personal property are, or can be, unwittingly exposed to pesticides applied on their neighbor's property. The Council further finds that pesticides may pose health and safety risks to people, particularly children, pregnant women, the elderly and people with infirmities. Such potential risks include short-term impacts, such as headaches, nausea, seizures and respiratory problems, and long-term impacts, such as neurological damage, hormone disruption, reproductive disorders and various cancers. The intent of this local law is to provide information to City residents about certain pesticide applications to which they may be exposed, so that they can take steps to minimize such exposure to themselves, their families, pets, backyard wildlife and property.

Accordingly, this Council adopts the special notice requirements for commercial and residential applications of pesticides as set forth in Section 33-1004 of the New York Environmental Conservation Law. It is intended that this local law be read and applied consistently with that section and all other applicable provisions of the Environmental Conservation Law and regulations promulgated thereunder.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. Within twenty days after the enactment of this local law, the clerk of the city of New York shall forward one certified copy of this law to the New York state commissioner of environmental conservation and one to the New York state attorney general.

§ 4. 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.

§ 5. This local law shall take effect on the first day of January after it shall have been enacted into law.

L.L. 2005/039

Enactment date: 5/9/2005

Int. No. 415-A

By the Speaker (Council Member Miller) and Council Members Gennaro, Yassky, Quinn, McMahon, Avella, Boyland, Brewer, Clarke, Comrie, Fidler, Gentile, Gerson, Gioia, Gonzalez, James, Jennings, Koppell, Liu, Martinez, Monserrate, Nelson, Palma, Recchia Jr., Reed, Rivera, Sanders Jr., Stewart, Vallone Jr., Weprin, DeBlasio, Lopez, Foster, Baez, Moskowitz, Katz, Jackson, Barron, Perkins, Addabbo Jr., Reyna and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to reducing the emission of pollutants from the city's diesel fuel-powered motor vehicles.

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. 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.

§ 3. This local law shall take effect six months after its enactment, except that the commissioner of environmental protection shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect. The commissioner shall publish proposed rules no later than ninety days from the date of enactment of this section.

L.L. 2005/041

Enactment date: 5/9/2005

Int. No. 417-A

By the Speaker (Council Member Miller) and Council Members Gennaro, Yassky, Quinn, McMahon, Avella, Boyland, Brewer, Clarke, Comrie, Fidler, Gentile, Gerson, Gioia, Gonzalez, James, Jennings, Koppell, Liu, Martinez, Nelson, Palma, Recchia Jr., Reed, Rivera, Sanders Jr., Stewart, Vallone Jr., Weprin, DeBlasio, Lopez, Monserrate, Foster, Baez, Moskowitz, Jackson, Barron, Perkins, Reyna, Katz and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to reducing the emission of pollutants from sight-seeing buses.

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 5. 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.

§ 6. This local law shall take effect six months after its enactment, except that the commissioners of consumer affairs and environmental protection shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect. The commissioners shall publish proposed rules no later than ninety days from the date of enactment of this section.

L.L. 2005/043

Enactment date: 5/9/2005

Int. No. 613

By Council Members Addabbo Jr., Avella, Baez, Comrie, Gennaro, Gentile, Gerson, Gioia, Gonzalez, Katz, Martinez, McMahon, the Speaker (Council Member Miller), Oddo, Provenzano, Quinn, Recchia Jr., Reed, Sanders Jr., Vann, Yassky, Nelson, Palma, Weprin, de Blasio, James, Dilan and The Public Advocate (Ms. Gotbaum)

A Local Law in relation to the naming of 45 thoroughfares and public places, Firefighter LT Robert F. Wallace Street, Borough of Queens, FBI Special Agent Leonard W. Hatton, Jr. Street, Borough of Manhattan, Mark and Stephen Colaio Way, Borough of Manhattan, B.C. Joseph Marchbanks Way, Borough of Manhattan, B.C. Fred Scheffold Way, Borough of Manhattan, Richard M. Caggiano 9-11 Memorial Way, Borough of Brooklyn, P.O. Donald J. McIntyre Way, Borough of Manhattan, David Michael Ruddle Street, Borough of The Bronx, Captain Terrance S. Hatton Way, Borough of Manhattan, Timothy Stansbury, Jr. Avenue, Borough of Brooklyn, Genevieve "Jean" Albetta Way, Borough of Queens, James Warren Nicoladis Way, Borough of Brooklyn, Christ Church Way, Borough of Staten Island, Msgr. Joseph A. Martusciello Way, Borough of Queens, Cesaria "Cez" Soccoa Place, Borough of Brooklyn, Roland Hill Way, Borough of Brooklyn, World War II Heroes Way, Borough of Brooklyn, Dominick DeProspo Lane, Borough of The Bronx, Sgt. Joseph Otto Behnke Avenue, Borough of Brooklyn, Edith Kamiat Place, Borough of Manhattan, Brother John W. Donoghue, CSC Way, Borough of Queens, PFC James E. Prevete Avenue, Borough of Queens, Marsha Rapaport Way, Borough of Brooklyn, Rev. Isaiah J. Jones Blvd., Borough of The Bronx, Rachel "Frenchie" Paliseno Way, Borough of Brooklyn, Frederick Douglass Landing, Borough Manhattan, Maria Y. Sollitto Boulevard, Borough of Staten Island, VaSean Phillip Alleyne Memorial Avenue, Borough of Queens, Malcolm X Place, Borough of Queens, Charles & Margaret Collins Way, Borough of Brooklyn, P.O. David A. Regan Way, Borough of Brooklyn, The Leona Clardy Way, Borough of The Bronx, Gilda Radner Way, Borough of Manhattan, Arleen Ramos Way, Borough of Brooklyn, Gonzalo Plasencia Park, Borough of Brooklyn, St. Vincent's Way, Borough of Brooklyn, Mary Woodward Lasker Way, Borough of Manhattan, Police Officer Pasquale Venturelli Corner, Borough of The Bronx, P.O. John J. Darcy Way, Borough Staten Island, Supreme Court Justice John Leone Way, Borough of Staten Island, Richard Feynman Way, Borough of Queens, Mary Pinkett Avenue, Borough of Brooklyn, Arie A. Bucheister Way, Borough of Brooklyn, Frank Carvill Place, Borough of Queens, Hudson Blvd., Borough of Brooklyn, and the REPEAL of section 28 of local law number 63 for the year 2004, section 65 of local law number 63 for the year 2004, and section 32 for local law

Be it enacted by the Council as follows:

Section 1. The following intersection name, in the Borough of Queens, is hereby designated as hereafter indicated.

New Name	Present Name	Limits
Firefighter LT Robert F. Wallace Street	None	Corner of 86th Street and 89th Avenue

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

New Name	Present Name	Limits
FBI Special Agent Leonard W. Hatton, Jr. Street	Duane Street	Between Broadway and Elk Street

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

New Name	Present Name	Limits
Mark and Stephen Colaio Way	Beach Street	Between Varick Street and West Broadway

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

New Name	Present Name	Limits
B.C. Joseph Marchbanks Way	Third Avenue	Between East 124th and East 125th Street

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

New Name	Present Name	Limits
B.C. Fred Scheffold Way	East 124th Street	Between Lexington and Third Avenues

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

New Name	Present Name	Limits
Richard M. Caggiano 9-11 Memorial Way	None	NE corner of 80th Street and 11th Avenue

§ 7. Section 28 of Local Law number 63 for the year 2004 is hereby REPEALED.

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

New Name	Present Name	Limits
P.O. Donald J. McIntyre Way	None	NE corner of West 215th Street and Broadway

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

New Name	Present Name	Limits
David Michael Ruddle Street	West 234th Street	Between Bailey Avenue and Broadway

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

New Name	Present Name	Limits
Captain Terrance S. Hatton Way	West 43rd Street	Between 10th and 11th Avenues

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

New Name	Present Name	Limits
Timothy Stansbury, Jr. Avenue	Lexington Avenue	Between Thomkins and Marcy Avenues

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

New Name	Present Name	Limits
Genevieve "Jean" Albetta Way	Calamus Avenue	Between Grand and Ankener Avenues

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

New Name	Present Name	Limits
James Warren Nicoladis Way	Avenue S	Between East 32nd and East 33rd Streets

§ 14. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

New Name	Present Name	Limits
Christ Church Way	None	SW corner of Franklin Avenue and Fillmore Street

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

New Name	Present Name	Limits
Msgr. Joseph A. Martusciello Way	88th Avenue	Between 87th and 88th Streets

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

New Name	Present Name	Limits
Cesaria "Cez" Soccoa Place	West 1st Street	Between Quentin Road and Kings Highway

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

New Name	Present Name	Limits
Roland Hill Way	East 14th Street	Between Avenue X and Avenue Y

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

New Name	Present Name	Limits
World War II Heroes Way	Shore Boulevard	Between Neptune Avenue and Cass Place

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

New Name	Present Name	Limits
Dominick DeProspo Lane	Morris Park Avenue	Between Tomlinson and Haight Avenues

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

New Name	Present Name	Limits
Sgt. Joseph Otto Behnke Avenue	Prospect Avenue	Between 6th and 7th Avenues

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

New Name	Present Name	Limits
Edith Kamiat Place	West 169th Street	Between Fort Washington Avenue and Broadway

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

New Name	Present Name	Limits
Brother John W. Donoghue, CSC Way	170th Street	Between 29th Avenue and Francis Lewis Boulevard

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

New Name	Present Name	Limits
PFC James E. Prevete Avenue	5th Avenue	Between 147th and 149th Streets

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

New Name	Present Name	Limits
Marsha Rapaport Way	West 5th Street	Between Surf and Neptune Avenues

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

New Name	Present Name	Limits
Rev. Isaiah J. Jones Blvd.	Commonwealth Avenue	Between Watson and Gleason Avenues

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

New Name	Present Name	Limits
Rachel "Frenchie" Paliseno Way	None	Corner of Bay 20th Street and Bath Avenue

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

New Name	Present Name	Limits
Frederick Douglass Landing	Chambers Street	Between West Street and the Hudson River

§ 28. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

New Name	Present Name	Limits
Maria Y. Sollitto Boulevard	None	NW corner of Amboy Road and Tysens Lane

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

New Name	Present Name	Limits
VaSean Phillip Alleyne Memorial Avenue	73rd Avenue	Between 150th and 153rd Street

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

New Name	Present Name	Limits
Malcolm X Place	97th Street	Between 23rd and 24th Streets

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

New Name	Present Name	Limits
Charles & Margaret Collins Way	None	SE corner of 77th Street and Narrows Avenue

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

New Name	Present Name	Limits
P.O. David A. Regan Way	None	NE corner of Bay 22nd Street and Bath Avenue

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

New Name	Present Name	Limits
The Leona Clardy Way	None	Corner of Walton Avenue and 177th Street

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

New Name	Present Name	Limits
Gilda Radner Way	West Houston Street	Between Varick and Sixth Avenues

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

New Name	Present Name	Limits
Arleen Ramos Way	59th Street	Between 3rd and 4th Avenues

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

New Name	Present Name	Limits
Gonzalo Plasencia Park	None	40th Street and Third Avenue Park

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

New Name	Present Name	Limits
St. Vincent's Way	Boerum Place	Between State Street and Atlantic Avenue

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

New Name	Present Name	Limits
Mary Woodward Lasker Way	York Avenue	Between 67th and 68th Streets

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

New Name	Present Name	Limits
Police Officer Pasquale Venturelli Corner	None	Corner of City Island Avenue and Carroll Street

§ 40. Section 65 of Local Law number 63 for the year 2004 is hereby REPEALED.

§ 41. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

New Name	Present Name	Limits
P.O. John J. Darcy Way	None	Corner of Wolverine Street and Wilder Avenue

§ 42. Section 32 of Local Law number 8 for the year 2004 is hereby REPEALED.

§ 43. The following intersection name, in the Borough of State Island, is hereby designated as hereafter indicated.

New Name	Present Name	Limits
Supreme Court Justice John Leone Way	None	SE corner of Richmond Terrace and Schuyler Street

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

New Name	Present Name	Limits
Richard Feynman Way	Cornaga Avenue	Between Mott Avenue and Beach 9th Street

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

New Name	Present Name	Limits
Mary Pinkett Avenue	Washington Avenue	Between Flushing and Atlantic Avenues

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

New Name	Present Name	Limits
Arie A. Bucheister Way	Knickerbocker Avenue	Between Stanhope and Stockholm Streets

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

New Name	Present Name	Limits
Frank Carvill Place	None	Intersection of Woodside Avenue and 59th Street

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

New Name	Present Name	Limits
Hudson Blvd.	Covert Street	Between Bushwick Avenue and Broadway

§ 49. This local law shall take effect immediately upon its enactment into law.

L.L. 2005/044

Enactment date: 5/19/2005

Int. No. 139-A

By Council Members Reed, Boyland, Brewer, Gerson, Gioia, Jackson, James, Nelson, Quinn, Addabbo, Liu, Gentile, Gennaro, 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 identity theft.

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 further finds that identity thieves are constantly developing new ways to harm consumers. Some hack into computer systems storing sensitive information and misuse the contents to defraud innocent victims. Others obtain personal information by stealing paper records or manipulating consumers to unknowingly surrender such data. Most recently, the practice of "skimming," or swiping an Automated Teller Machine card or credit card in a device programmed to steal the personal identification encoded in the card, has facilitated identity theft in small businesses throughout the City. Skimming can be done with a hand-held device or through an instrument installed in a seemingly innocuous Automated Teller Machine.

The Council finds that such acts harm individual consumers and tarnish the good name of hard-working, upstanding New York City business people. Those few bad actors who use their professional resources to engage in identity theft should not be permitted to profit from City residents or act as authorized licensees of the City. The Council thus finds it necessary and appropriate to prevent chronic identity thieves from receiving or maintaining licenses from the Department of Consumer Affairs.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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. 2005/045

Enactment date: 5/19/2005

Int. No. 140-A

By Council Members Reed, Brewer, Gerson, Gioia, James, Nelson, Quinn, Addabbo, Liu, Gentile, Koppell, Monserrate, 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 city agencies 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 indicate that identity theft has become 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 City agencies to inform individuals whenever there has been a breach of security with respect to sensitive personal information. Agencies can best serve 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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. This local law shall take effect 120 days after it shall have been enacted into law; provided that the commissioner of any agency 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. 2005/046

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:

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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

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