L.L. 2005/010

Enactment date: 1/18/2005

Int. No. 531

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 a preliminary management report and the date prior to which the council shall conduct public hearings and the date by which the council shall submit a report or reports pertaining thereto, the date of submission by the director of management and budget and the director of city planning of a draft ten-year capital strategy, the date of submission by the city planning commission of a report on the draft ten-year capital strategy, the date of submission by the mayor of the preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects, the date of submission by the mayor of the preliminary budget, the date of publication by the director of the independent budget office of a report on revenues and expenditures, the date of submission by the community boards of statements in regard to the preliminary budget, the date of submission by the commissioner of finance of an estimate of the assessed valuation of real property and statement of real property taxes due, expected to be received, and uncollected, the date of submission by the mayor of a tax benefit report, the date of submission by the borough boards of statements on budget priorities, the date of submission by the council of estimates of the financial needs of the council, the date of submission by the borough presidents of proposed modifications of the preliminary budget, the date of publication by the director of the independent budget office of a report analyzing the preliminary budget, the date by which the council shall hold hearings and submit recommendations in regard to the preliminary budget, and the date of submission by the campaign finance board of estimates of the financial needs of the campaign finance board, 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 12 of the New York city charter, as amended by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a preliminary management report as therein described not later than February 10, 2005, and the council shall conduct public hearings on such report prior to April 21, 2005 and submit to the mayor and make public not later than April 21, 2005, a report or reports of findings and recommendations.

   2.   Notwithstanding any inconsistent provisions of section 228 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of management and budget and the director of city planning shall pursuant to such section jointly submit a draft ten-year capital strategy as therein described not later than January 27, 2005.

   3.   Notwithstanding any inconsistent provisions of section 234 of the New York city charter, as added by vote of the electors on November 7, 1989, the city planning commission shall pursuant to such section submit a report on the draft ten-year capital strategy as therein described not later than March 16, 2005.

   4.   Notwithstanding any inconsistent provisions of section 235 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit and publish a preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects as therein described not later than January 27, 2005.

   5.   Notwithstanding any inconsistent provisions of section 236 of the New York city charter, as amended by local law number 25 for the year 1998, the mayor shall pursuant to such section submit a preliminary budget as therein described not later than January 27, 2005.

   6.   Notwithstanding any inconsistent provisions of section 237 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 publish a report on revenues and expenditures as therein described on or before February 10, 2005.

   7.   Notwithstanding any inconsistent provisions of section 238 of the New York city charter, as added by vote of the electors on November 7, 1989, each community board shall pursuant to such section submit a statement and recommendations in regard to the preliminary budget as therein described not later than February 24, 2005.

   8.   Notwithstanding any inconsistent provisions of section 239 of the New York city charter, as added by vote of the electors on November 7, 1989, the commissioner of finance shall pursuant to such section submit an estimate of the assessed valuation of real property and a certified statement of all real property taxes due as therein described not later than February 24, 2005.

   9.   Notwithstanding any inconsistent provisions of section 240 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a tax benefit report as therein described not later than February 24, 2005.

   10.   Notwithstanding any inconsistent provisions of section 241 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough board shall pursuant to such section submit a statement of budget priorities as therein described not later than March 10, 2005.

   11.   Notwithstanding any inconsistent provisions of section 243 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section approve and submit estimates of the financial needs of the council as therein described not later than March 23, 2005.

   12.   Notwithstanding any inconsistent provisions of section 245 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 any proposed modifications of the preliminary budget as therein described not later than March 21, 2005.

   13.   Notwithstanding any inconsistent provisions of section 246 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 preliminary budget as therein described on or before March 23, 2005.

   14.   Notwithstanding any inconsistent provisions of section 247 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 and submit recommendations as therein described not later than March 31, 2005.

   15.   Notwithstanding any inconsistent provisions of subdivision c of section 1052 of the New York city charter, as added by vote of the electors on November 3, 1998, the campaign finance board shall pursuant to such subdivision submit estimates of the financial needs of the campaign finance board as therein described not later than March 21, 2005.

§ 2. This local law shall take effect immediately and shall be retroactive to and deemed to have been in full force and effect as of November 1, 2004.

L.L. 2005/012

Enactment date: 2/1/2005

Int. No. 473-A

By Council Members DeBlasio, the Speaker (Council Member Miller), Katz, Boyland, Palma, Reyna, Quinn, Brewer, Clarke, Comrie, Fidler, Foster, Gennaro, Gerson, Gonzalez, James, Jennings, Liu, Martinez, Nelson, Rivera, Seabrook, Stewart, Vann, Weprin, Recchia, Avella, Felder, Sanders, Jackson, Oddo and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to information furnished to and provided by agencies that make child care referrals.

Be it enacted by the Council as follows:

Section 1. Legislative intent. The city of New York has an obligation to protect and promote the safety and well being of its youngest and most vulnerable residents. Public and private agencies upon which parents depend when they seek appropriate child care must be equipped to supply complete and accurate information regarding child care citywide. The purpose of this local law is to enhance the flow of information regarding child care facilities to public and private agencies that make referrals and ensure that referring agencies provide complete, accurate and up-to-date information to parents who seek child care.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 180 days after its enactment.

L.L. 2005/013

Enactment date: 2/1/2005

Int. No. 475-A

By Council Members Katz, the Speaker (Council Member Miller), DeBlasio, Comrie, Foster, The Public Advocate (Ms. Gotbaum), Avella, Boyland, Brewer, Clarke, Fidler, Gennaro, Gerson, Gonzalez, Jackson, James, Jennings, Jr., Koppell, Liu, Martinez, Nelson, Palma, Quinn, Recchia, Jr., Reed, Rivera, Sanders, Jr., Seabrook, Sears, Stewart, Vallone, Vann, Weprin, Lopez, Reyna, Felder and Oddo

A Local Law to amend the administrative code of the city of New York, in relation to requiring the public dissemination of information regarding regulated child day care services.

Be it enacted by the Council as follows:

Section 1. Legislative intent. The city of New York has an obligation to protect the safety and well being of its children, who are among its most vulnerable residents. This includes the regulation of child day care services regulated by the city of New York and not otherwise regulated by the state of New York, which provide care for children while their parents are at work. The Council recognizes an ever-increasing demand for day care services to help maintain the financial security of families. The Council finds, however, that parents often do not have access to complete, accurate information they need to make informed decisions when they select child care facilities for their children. The purpose of this local law is to ensure that parents have access to critical information they need to make informed decisions regarding their children's care and to improve the quality of day care throughout New York City.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 180 days after its enactment.

L.L. 2005/014

Enactment date: 2/1/2005

Int. No. 516-A

By Council Members DeBlasio, the Speaker (Council Member Miller), Boyland, Reyna, Baez, Barron, Brewer, Clarke, Comrie, Fidler, Foster, Gennaro, Gerson, Gonzalez, James, Jennings, Jr., Koppell, Liu, Martinez, Monserrate, Nelson, Palma, Reed, Vann, Weprin, Quinn, Seabrook, Lopez, Felder, Sanders, Jackson, Oddo and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to requiring regular reports regarding child day care facilities.

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 180 days after its enactment and shall expire on July 31, 2008.

L.L. 2005/015

Enactment date: 2/15/2005

Int. No. 176-A

By Council Members Comrie, Nelson, Sears and the Speaker (Council Member Miller), Baez, Brewer, Clarke, Felder, Fidler, Gennaro, Gerson, Jackson, Jennings, Katz, Koppell, Lopez, Monserrate, Perkins, Quinn, Reed, Rivera, Sanders, Seabrook, Stewart, Weprin, Yassky, Moskowitz, Addabbo, Barron, Gentile, Martinez, McMahon, Recchia, Liu and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to payday loans.

Be it enacted by the Council as follows:

Section 1. Legislative declaration. The Council finds that certain payday lenders may be unfairly taking advantage of New Yorkers throughout the City. These lenders, which can conduct business as storefront establishments, by mail, electronic, the Internet, or telephonic means, often charge high interest rates and fees for short-term loans. Accordingly, low-income New Yorkers may become trapped in burdensome high-interest loans.

State law and federal regulations, including provisions of the U.S.C.A. and C.F.R., extensively govern the operating procedures and lending requirements of state and federally chartered lending institutions. Further, federal regulations enable state and federally chartered banks to export their home usury caps, if any, to states in which those institutions issue loans.

Without limiting in any manner the scope of this subchapter, the Council declares that it is the general intent of this subchapter to reiterate that in the city of New York, some of the practices in activities commonly referred to as payday lending, deferred deposit advances, cash on demand, or cash advance services and other similar activities are currently illegal, subject to the exemption of certain entities by federal law, and to strengthen the penalties for those engaging in such activities.

The Council finds that companies not subject to state and federal regulatory policies that elect to engage in the practice of payday lending must clearly disclose the terms of their loans to otherwise uninformed consumers. Accordingly, the Council intends to take action where permissible and require lenders to provide a disclosure notice to each would-be borrower so that he or she has a clear sense of the lender's operations and intentions. In addition, the Council is requiring such payday lenders to provide both the Department of Consumer Affairs and the Council with demographic information on the individuals taking out payday loans to ensure better tracking and public education in the future.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect forty-five days after its enactment.

L.L. 2005/019

Enactment date: 3/7/2005

Int. No. 172-A

By Council Members Baez, the Speaker (Council Member Miller), Rivera, Clarke, Dilan, Fidler, Foster, Gentile, Gioia, Katz, Koppell, Martinez, McMahon, Monserrate, Nelson, Quinn, Recchia, Seabrook, Stewart, Yassky, Gerson, Gennaro, Jackson, Liu, Vann, Gonzalez, Avella, Weprin, Perkins, and the Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of health and mental hygiene to develop a prescription drug discount card program.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. National spending for prescription drugs has continued to rise dramatically over the last decade. It is estimated that Americans spent more than $180 billion on prescription drugs in 2003, and that such spending could reach as much as $250 billion by 2006. According to a recent report from the Association of Chain Drug Stores, brand-name retail drug prices jumped nearly $10 per prescription between 2002 and 2003.

The rising cost of prescription drugs has become particularly problematic as the number of uninsured individuals has continued to increase. According to a 2004 report by Families USA, approximately 81.8 million people - including one out of three of those under the age of 65 - were without health insurance in the United States for all or part of 2002 and 2003. In New York State, the proportion of individuals without insurance is even higher than the national average, with more than one out of three people under the age of 65 without health insurance for all or part of 2002 and 2003. In New York City, it is estimated that 1.8 million people had no health insurance in 2002, and two-thirds of the uninsured were employed. According to the New York City Community Health Survey, during 2003, an estimated 908,000 people chose not to fill one or more prescriptions because of cost.

Accordingly, the New York City Council finds that a New York City prescription drug discount card program should be made available to all New York City residents regardless of age, income, immigration status or health insurance coverage status, and without any barriers, such as a fee for the card or a registration process, to participation in the program.

It is the intent of the Council that the discounts under such program will pass to the beneficiary - the consumer - at the point of sale. Based on the experience of prescription drug discount cards in other jurisdictions, the Council expects that consumers will receive a substantial discount on prescription drugs under the New York City program. For example, under the Nassau County prescription drug card program, users of the NassauRx card benefited from drug prices that were up to 40% lower than the lowest commonly available retail price. Furthermore, it is also the intent of the Council that a New York City prescription drug discount card be used for purchases at pharmacies, through mail order and over the Internet. It is not the intent of the Council that the New York City prescription drug discount card be used in conjunction with any other discount prescription drug card during the same transaction or that this chapter be construed to require prescription drug manufacturers to participate in such program or to negotiate with any administrator regarding such program.

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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 and twenty days after its enactment into law.

L.L. 2005/021

Enactment date: 3/7/2005

Int. No. 215-A

By Council Members Perkins, the Speaker (Council Member Miller), Baez, Barron, Clarke, Comrie, Lopez, Martinez, Monserrate, Nelson, Quinn, Seabrook, Stewart, Vann, Gennaro, Addabbo Jr., Boyland, Weprin, Gerson, Liu, Katz, Recchia Jr., Provenzano, Rivera, Moskowitz and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the rent payable by a tenant enrolled in the senior citizen rent increase exemption program when a rent reduction order has been issued.

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. This local law shall take effect immediately after its enactment into law and shall apply to rent reduction orders issued by the state division of housing and community renewal in effect on or after such enactment date.