2005

L.L. 2005/002

Enactment date: 1/3/2005

Int. No. 454-A

By Council Members Yassky, Gioia, the Speaker (Council Member Miller), Clarke, Sears, Weprin, Perkins, Quinn, Nelson, Comrie, DeBlasio, Brewer, Addabbo and Gallagher (in conjunction with the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to providing a film production credit.

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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§ 4. Maximum amount of credits. (a) The aggregate amount of tax credits allowed pursuant to sections one and two of this legislation in any calendar year shall be $12.5 million. Such aggregate amount of credits shall be allocated by the mayor's office of film, theater 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 shall, in accordance with § 7 of Part P of Chapter 60 of the Laws of 2004, promulgate rules to establish procedures for the allocation of tax credits as required by section 4 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 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 qualified film commenced 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, 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.

L.L. 2005/004

Enactment date: 1/5/2005

Int. No. 226-A

By Council Members Vallone Jr., Moskowitz, Addabbo Jr., Fidler, Foster, Gentile, Koppell, Nelson, Weprin, Palma, Gennaro, Sanders Jr., Liu, Comrie, Recchia Jr., Vann, McMahon, Seabrook, Rivera, Felder, Katz, Sears, Martinez and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the New York city charter, in relation to requiring the police department and the department of education to provide the public with information regarding school violence.

Be it enacted by the Council as follows:

Section 1. Legislative intent and findings.

In order to combat violence in our schools, residents of the city must have accurate information on the number and types of incidents occurring and where these incidents are taking place. This information must be made public so that parents are aware of the safety conditions within which their children learn and so that our civic leaders can institute meaningful reform.

The police department collects and reports information about criminal incidents and certain non-criminal incidents that occur in the schools. The Department of Education currently provides information to the public on its website about incidents in schools based on reports prepared by the Police Department. In addition, the Department of Education maintains the Online Occurrence Reporting System ("OORS"), in which information concerning violent and seriously disruptive incidents in the schools (in addition to other types of information not related to school safety) is recorded. The information relevant to school safety in OORS is not currently reported by the Department of Education on its website.

To help parents and the public understand and fully assess the problem of school crime and other serious disruptive incidents, the DOE must continue to post school safety data on the internet and to enhance and improve upon the information that is provided. By receiving this information, the public will be in a better position to analyze and comment upon any inconsistencies and to weigh in on proposed policy amendments.

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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.

L.L. 2005/007

Enactment date: 1/18/2005

Int. No. 365-A

By Council Members Yassky, Moskowitz, Vann, Nelson, Stewart, Brewer, Boyland, Clarke, Comrie, Fidler, Gentile, Koppell, Seabrook, Weprin, Jackson, Recchia, Liu, Reed, Foster, Gerson, Lopez, Felder, Gennaro, Perkins and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to a cause of action against firearms manufacturers and dealers.

Be it enacted by the Council as follows:

Section 1. Legislative Findings and Intent. In its most recent annual summary, the Office of Vital Statistics of the New York City Department of Health and Mental Hygiene reported a total of 493 firearm deaths in New York City in 2003. The report further shows that 397 of these deaths were the result of homicide. In addition to these deaths, a number of victims each year suffer serious injuries resulting from the discharge of firearms. Though by far the most serious concern, homicide is only one of the many classifications of crimes involving firearms. Other armed crimes, including robbery, burglary, rape and kidnapping, account for additional incidents each year.

In order to reduce gun-related crime, New York City has in the past two decades adopted a thorough background check and licensing scheme aimed at ensuring the responsible handling of firearms and the registration of all firearm owners in the City. Unfortunately, despite such efforts, the problem of gun crime persists at the alarming rate of approximately one firearm death per day. This fact is largely a result of the proliferation of illegal means of firearm procurement, such as unlicensed importation from other States with less restrictive gun laws, unregistered sales at trade shows, and so-called "straw purchases," in which authorized purchasers buy guns and provide them to unauthorized users, including minors and convicted felons.

To combat this threat against the safety of New York City effectively, measures must be taken to stem the flow of illegal firearms at its source. The Council finds that if manufacturers and dealers followed the commonsense practices specified in this section, the flow of illegally transferred firearms and resulting injuries and deaths from the use of such firearms would be reduced significantly. Manufacturers and dealers who fail to abide by practices that will stem the flow of illegally transferred firearms must be held to a standard of liability, as should manufacturers and dealers who sell their products to other manufacturers and dealers knowing that such manufacturers and dealers have not complied with these practices. The Council therefore finds that the imposition of civil liability for distribution of firearms by dealers and manufacturers in the circumstances specified in this local law is essential to the maintenance of public safety and health.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 60 days after its enactment into law, and shall apply to causes of action in relation to transfers of firearms by dealers and manufacturers that occur after such effective date, provided that, notwithstanding any inconsistent provision of this local law, any one-year period or thirty-day period referred to in this local law shall be reduced as may be necessary so that the commencement of such period in no event predates such effective date.

L.L. 2005/009

Enactment date: 1/18/2005

Int. No. 490-A

By Council Members Vallone Jr., Clarke, Comrie, Fidler, Gerson, Koppell, Liu, Monserrate, Nelson, Recchia, Stewart, Weprin, Yassky, Quinn, Addabbo, Gennaro, Jackson, Martinez, Sanders, Vann, Reed, Foster, Katz, Brewer, Felder, Seabrook, Sears, Perkins and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to limiting the acquisition of a rifle or shotgun to one per ninety-day period.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. Although many illegal guns are obtained outside of New York state, existing city laws governing gun sellers should be strengthened to prevent the diversion of guns to the illegal marketplace. The Council finds that it is imperative that additional protections be implemented to ensure that New York city continues to lead the way in preventing gun violence.

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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; provided that the police commissioner is immediately authorized to adopt, amend and promulgate such rules as may be necessary to effectuate the purpose of this local law.

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.