L.L. 1991/061

Enactment date: 7/17/1991

Int. No. 741-A

By Council Member O'Donovan (by the request of the Mayor); also Council Members Dear and Williams (Passed under a message of necessity from the Mayor)

A Local Law to amend the charter of the city of New York, in relation to the consolidation of the office of economic development, the department of ports and trade, the office of labor services and the office of economic and financial opportunity within a department of business services; and to repeal chapters 13-A, 13-B, 29, and 56 of such charter

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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§ 9. Any agency or officer to whom are assigned by this local law any powers and duties shall exercise such powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised and shall be authorized to continue any business, proceeding or other matter commenced by the agency or officer by whom such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject-matter of such powers or duties and applicable to the agency or officer formerly exercising the same, shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such powers and duties are assigned.

§ 10. All records, property and equipment whatsoever of any agency or part thereof, the powers and duties of which are assigned to any other agency by this local law, shall be transferred and delivered to the agency to which such powers and duties are so assigned.

§ 11. Any rule in force upon the effective date of this local law and promulgated by an agency or officer whose power to promulgate such rule is assigned by this local law to another agency or officer shall continue in force as the rule of the agency or officer to whom such power is assigned, unless and until such rule is superseded, amended, or repealed.

§ 12. No existing right or remedy of any character shall be impaired or affected by reason of the adoption of this local law. Any lease, license or permit in force upon the effective date of this local law, and entered into or issued by an agency or officer whose power to enter into or issue such type of lease, license or permit is assigned by this local law to another agency or officer shall continue in force according to its terms and applicable law.

§ 13. Notwithstanding any provision of the charter to the contrary, the commissioner of business services shall, no later than sixty days prior to entering into any contract with a local development corporation for the provision of services to assist the department in performing any of the functions set forth in subdivision 2 of section 1301 of the charter where such functions were previously performed by the former department of ports and trade, provide the council with a copy of such proposed contract, together with a statement explaining the reasons which justify contracting for such purposes. The commissioner shall be authorized to enter into such contract unless, within such sixty day period, the council enacts a local law prohibiting the commissioner from contracting for such purposes.

§ 14. This local law shall take effect July 1, 1991, provided that if enacted after such date it shall take effect immediately and be deemed in effect as of July 1, 1991.