L.L. 2014/044

By Council Members Rosenthal, Williams, Dickens, Ulrich, Vacca, Cohen, Lander, Barron, Chin, Crowley, Cumbo, Gentile, Koo, Levine, Mendez, Reynoso, Vallone and Wills

A Local Law to amend the administrative code of the city of New York, in relation to increasing the maximum income level qualifying for exemption from rent increases granted to certain persons with disabilities.

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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§ 5. This local law shall take effect on the same date as a chapter of the laws of 2014 amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled property occupied by persons with disabilities; and providing for the repeal of certain provisions upon expiration thereof, as proposed in legislative bill number A. 9744, takes effect, and shall expire and be deemed repealed on July 1, 2016; provided that, notwithstanding any other provision of law, any renewal application that was received before the effective date of this local law and that would have been timely if received on or after such effective date, pursuant to paragraph (6) of subdivision m of section 26-405, paragraph (6) of subdivision b of section 26-509, or subdivision (c) of section 26-605 of the administrative code of the city of New York, shall be deemed to have been received on or after such effective date; and provided further that the amendment to section 26-509 of the administrative code of the city of New York made by section two of this local law shall not affect the expiration of such section and shall be deemed to expire therewith.

L.L. 2014/041

Enactment date: 8/28/2014

Int. No. 148-A

By Council Members Lander, Torres, Chin, Cumbo, Levine, Menchaca, Johnson, Miller, Reynoso, Van Bramer, Rosenthal, Kallos and Barron

A Local Law to amend the New York city charter, in relation to increasing independent expenditure disclosure requirements.

Be it enacted by the Council as follows:

Section 1. Legislative findings. Under current law, disclosure on independent expenditure advertisements includes only the name of the individual or organization responsible for the advertisement. Many independent expenditure-making organizations in the 2013 election cycle, however, had generic names that told voters little about who or what the organizations represented, obscuring the actual sources of the spending and making it difficult for voters to evaluate the arguments in election-related advertisements. Requiring the inclusion of the names of donors to these organizations within such advertisements, and linking to a website with more detailed information, will alleviate this problem in a targeted way by enhancing voters' understanding of the interests and individuals whose financial support substantially enabled the creation of such advertisements. The Council therefore finds that it has an interest in promoting transparency by ensuring that the electorate has sufficient information and that voters are informed about the sources of spending related to local elections, and that this legislation is substantially related to such interest.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. Severability. 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 local law, which remaining portions shall continue in full force and effect.

§ 5. This local law shall take effect one year after its enactment, provided, however, that the campaign finance board shall take such actions, including the promulgation of rules, as are necessary for timely implementation of this local law.

L.L. 2014/044

Enactment date: 8/28/2014

Preconsidered Int. No. 449

By Council Members Miller, Eugene, Crowley, Kallos, Barron, Chin, Constantinides, King, Lander and Mealy (by request of the Mayor)

A Local Law to establish a program in relation to the employment of school bus drivers, attendants, dispatchers and mechanics by qualified employers.

Be it enacted by the Council as follows:

Section 1. School bus driver, attendant, dispatcher and mechanic employment program.

a. Definitions. For purposes of this section, the following terms shall have the following meanings:

"Department" shall mean the department of small business services.

"Department of education" shall mean the department of education of the city of New York.

"School bus driver" shall mean any person employed as a school bus driver by a company that currently has or previously had (i) a contract with the department of education or (ii) a subcontract with any company that currently has or previously had a contract with the department of education to provide transportation services for children in grades kindergarten through twelve.

"Attendant" shall mean a person employed as a school bus attendant by a company that currently has or previously had (i) a contract with the department of education or (ii) a subcontract with any company that currently has or previously had a contract with the department of education to provide transportation services for children in grades kindergarten through twelve.

"Dispatcher" shall mean a person employed as a school bus dispatcher by any company that currently has or previously had (i) a contract with the department of education or (ii) a subcontract with any company that currently has or previously had a contract with the department of education to provide transportation services for children in grades kindergarten through twelve.

"Master seniority lists" shall mean the industry-wide lists established pursuant to contractual employee protection provisions with the department of education to provide transportation services for children in grades kindergarten through twelve.

"Master seniority lists qualified employee" shall mean a person who:

(1) is a resident of the city of New York;

(2) is certified by the department of education's office of pupil transportation as a school bus driver or attendant, in the event such person is employed as a school bus driver or attendant;

(3) was a school bus driver, attendant, dispatcher or mechanic on, or eligible for placement on, the master seniority lists as of June 30, 2014;

(4) is a school bus driver, attendant, dispatcher or mechanic for a qualified employer in connection with such employer's contract or subcontract pursuant to request for bids number B2321 with the department of education during the 2014-15 school year; and

(5) is paid by a qualified employer a 2014-15 regular rate that is less than the regular rate dating to the placement on master seniority lists.

"Mechanic" shall mean a person employed as a school bus mechanic by any company that currently has or previously had (i) a contract with the department of education or (ii) a subcontract with a company that has a contract with the department of education to provide transportation services for children in grades kindergarten through twelve.

"Provider of transportation services" shall mean an entity or a subsidiary of such entity that (i) had a contract with the department of education or (ii) a subcontract with any entity that had a contract with the department of education, to provide transportation services for children in grades kindergarten through twelve which expired on June 30, 2014.

"Qualified employer" shall mean any entity that has a contract with the department of education or a subcontract with an entity that has a contract with the department of education to provide transportation services for children in grades kindergarten through twelve for the 2014-15 school year pursuant to request for bids number B2321.

"Regular rate" shall mean "regular rate" as defined pursuant to 29 U.S.C. § 207, and further specified in 29 C.F.R. § 778.109, or any succeeding provisions.

"Regular rate dating to the placement on master seniority lists" shall mean the regular rate of pay earned by any master seniority lists qualified employee on the last date of employment prior to being placed on, or becoming eligible for, the master seniority lists.

"Recess adjustment payment" shall mean any additional compensation received for five days during winter and spring recess.

"2014 qualified employee" shall mean any person who:

(1) is a resident of the city of New York;

(2) is certified by the department of education's office of pupil transportation as a school bus driver or attendant, in the event such person is employed as a school bus driver or attendant;

(3) was a school bus driver, attendant, dispatcher or mechanic employed by a provider of transportation services on June 30, 2014 in connection with such provider's contracts with the department of education;

(5) is paid by a qualified employer a 2014-15 regular rate that is less than the 2013-14 regular rate.

"2013-14 regular rate" shall mean the regular rate paid by any provider of transportation services to any 2014 qualified employee.

"2014-15 regular rate" shall mean the regular rate paid by any qualified employer to any 2014 qualified employee or any master seniority lists qualified employee during the 2014-15 school year. Provided, that, for any 2014 qualified employee or master seniority lists qualified employee covered by a collective bargaining agreement or to whom a best and final offer has been imposed, the regular rate shall mean either the hourly rate pursuant to (i) the collective bargaining agreement in effect at the time payment is due or (ii) the best and final offer of the qualified employer for the 2014-15 school year, whichever is higher.

b. The department may establish a program that shall provide monetary grants to any qualified employer for each 2014 qualified employee hired by such qualified employer in an amount equal to the sum of:

(i) the product of: (A) the excess, if any, of the 2013-14 regular rate over the 2014-15 regular rate; and (B) the number of hours for which such 2014 qualified employee was paid, less any hours for which such employee was paid overtime, by such qualified employer in connection with such employer's contracts with the department of education during the 2014-15 school year; and

(ii) the product of: (A) the excess, if any, of the 2013-14 regular rate over the 2014-15 regular rate; and (B) one-and-a-half; and (C) the number of overtime hours for which such 2014 qualified employee was paid by such qualified employer in connection with such employer's contracts with the department of education during the 2014-15 school year; and

(iii) such qualified employer's portion of all legally required city, state and federal payroll taxes associated with the amounts described in paragraphs (i) and (ii) of this subdivision; and

(iv) the costs incurred by such qualified employer to maintain the recess adjustment payment for such 2014 qualified employee in place during the 2013-14 school year, to the extent that, but for the award of this grant, the recess adjustment payment for the 2014-15 school year for such employee would have been lower than the recess adjustment payment in place during the 2013-14 school year, provided, that, for a 2014 qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the recess adjustment payment for the 2014-15 school year shall be either the recess adjustment payment pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2014-15 school year, whichever is higher; and

(v) the costs incurred by such qualified employer to maintain the payment for holiday and vacation days for such 2014 qualified employee in place during the 2013-14 school year, to the extent that, but for the award of this grant, the payment for holiday and vacation days for the 2014-15 school year for such employee would have been lower than the payment in place during the 2013-14 school year, provided, that, for a 2014 qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the payment for holiday and vacation days in place during the 2014-15 school year shall be either the payment for holiday and vacation days pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2014-15 school year, whichever is higher; and

(vi) the costs incurred by such qualified employer to maintain the contributions for the retirement and health benefits of such 2014 qualified employee in place during the 2013-14 school year, to the extent that, but for the award of this grant, the contributions for the 2014-15 school year for such employee would have been lower than those in place during the 2013-14 school year, provided, that, for a 2014 qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the contributions for the 2014-15 school year shall be either the contributions pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2014-15 school year, whichever is higher; and

(vii) the costs associated with any increase in workers' compensation insurance for such employee associated with the amounts described in paragraphs (i) and (ii) of this subdivision.

c. Notwithstanding any provision to the contrary in this local law, the department shall not award a grant for any 2014 qualified employee unless:

(i) any such 2014 qualified employee receives retirement and health benefits from the same health and retirement funds from which such employee received such benefits during the 2013-14 school year, provided that such employee is represented by the same employee organization for the 2013-14 and 2014-15 school years;

(ii) thirty-nine weeks of employment during the school year are provided by such qualified employer to such employee; and

(iii) the customary work day of such employee is eight hours, if the work day of such employee was eight hours during the 2013-14 school year.

d. The department may establish a program that shall provide monetary grants to any qualified employer for each master seniority list's qualified employee hired by such qualified employer in an amount equal to the sum of:

(i) the product of: (A) the excess, if any, of the regular rate during the school year dating to the placement on master seniority lists over the 2014-15 regular rate; and (B) the number of hours for which such master seniority lists qualified employee was paid, less any hours for which such employee was paid overtime, by such qualified employer in connection with such employer's contracts with the department of education during the 2014-15 school year; and

(ii) the product of: (A) the excess, if any, of the regular rate during the school year dating to the placement on master seniority lists over the 2014-15 regular rate; and (B) one-and-a-half; and (C) the number of overtime hours for which such master seniority lists qualified employee was paid by such qualified employer in connection with such employer's contracts with the department of education during the 2014-15 school year; and

(iii) such qualified employer's portion of all legally required city, state and federal payroll taxes associated with the amounts described in paragraphs (i) and (ii) of this subdivision; and

(iv) the costs incurred by such qualified employer to maintain the recess adjustment payment for such master seniority lists qualified employee in place during the school year dating to the placement on master seniority lists, to the extent that, but for the award of this grant, the recess adjustment payment for the 2014-15 school year for such employee would have been lower than the payment in place during the school year dating to the placement on master seniority lists, provided, that, for a master seniority lists qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the recess adjustment payment for the 2014-15 school year shall be either the recess adjustment payment pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2014-15 school year, whichever is higher; and

(v) the costs incurred by such qualified employer to maintain the payment for holiday and vacation days for such master seniority lists qualified employee in place during the school year dating to the placement on master seniority lists, to the extent that, but for the award of this grant, the payment for holiday and vacation days for the 2014-15 school year for such employee would have been lower than the payment in place during the school year dating to the placement on master seniority lists, provided, that, for a master seniority lists qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the payment for holiday and vacation days in place for the 2014-15 school year shall be either the payment for holiday and vacation days pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2014-15 school year, whichever is higher; and

(vi) the costs incurred by such qualified employer to maintain the contributions for the retirement and health benefits of such master seniority lists qualified employee in place during the school year dating to the placement on master seniority lists, to the extent that, but for the award of this grant, the contributions for the 2014-15 school year for such employee would have been lower than those in place during the school year dating to the placement on master seniority lists, provided, that, for a master seniority lists qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the contributions for the 2014-15 school year shall be either the contributions pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2014-15 school year, whichever is higher; and

(vii) the costs associated with any increase in workers' compensation insurance for such master seniority lists qualified employee associated with the amounts described in paragraphs (i) and (ii) of this subdivision.

e. Notwithstanding any provision to the contrary in this local law, the department shall not award a grant for a master seniority lists qualified employee unless:

(i) any such master seniority lists qualified employee receives retirement and health benefits from the same health and retirement funds from which such employee received such benefits for the school year dating to placement on master seniority lists, provided that such employee is represented by the same employee organization as of the school year dating to placement on master seniority lists and the 2014-15 school year;

(ii) thirty-nine weeks of employment during the school year are provided by such qualified employer to such employee; and

(iii) the customary work day of such employee is eight hours, if the work day of such employee was eight hours as of the last date of employment prior to being placed on master seniority lists.

f. Each qualified employer shall provide written notice to the department upon the hiring any 2014 qualified employee or master seniority lists qualified employee for whom the qualified employer seeks a monetary grant.

g. The department shall provide the grant authorized by this section to qualified employers in monthly installments over a ten-month period for each 2014 qualified employee or master seniority lists qualified employee who is employed in connection with such qualified employer's contract pursuant to request for bids number B2321 with the department of education. Any such grant to the qualified employer shall be reduced if the employee is employed by such qualified employer for a period of less than ten months.

h. The department shall provide the grant described in subdivisions b and d in monthly installments after receiving satisfactory proof from the qualified employer that:

(i) the qualified employer has paid the 2014 qualified employee or the master seniority lists qualified employee the amounts described in paragraphs (i) and (ii) of subdivisions b and d respectively; and

(ii) the qualified employer has made payments of the amounts described in paragraphs (iii) through (vii) of subdivisions b and d respectively in a manner consistent with those paragraphs.

i. No qualified employer shall be eligible for an award of a grant pursuant to this section unless such qualified employer agrees that during the 2014-15 school year every school bus driver, attendant, dispatcher and mechanic shall be hired from the master seniority lists in the order of his or her seniority, provided that this requirement shall not apply to hiring by qualified employers for the 2014-15 school year that occurs prior to the effective date of this local law.

j. The award by the department of a grant to a qualified employer pursuant to this local law shall not make the city of New York, the department or the department of education the employer of any 2014 qualified employee or master seniority lists qualified employee.

k. The grant authorized by this local law shall not: (i) impair the terms of any collective bargaining agreement to which any qualified employer and employee may be subject, and shall not (ii) interfere with any rights a school bus driver, attendant, dispatcher or mechanic has pursuant to any collective bargaining agreement.

l. The qualified employer and 2014 qualified employee or master seniority lists qualified employee, as applicable, shall be solely responsible for withholding and payment of any taxes and other government required payments.

m. Notwithstanding any provision to the contrary in this local law, the total amount of the grants authorized by this local law shall be a maximum of forty-two million dollars ($42,000,000). The department shall allocate such amount based on the order of receipt by the department of the notifications required by subdivision f.

n. The commissioner of the department shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this local law.

§ 2. This local law shall take effect immediately and shall expire and have no further force and effect on and after December 31, 2015.

L.L. 2014/046

Enactment date: 9/30/2014

Int. No. 104-A

By The Public Advocate (Ms. James) and Council Members Arroyo, Dickens, Johnson, Koo, Levine, Mendez, Rosenthal, Reynoso, Menchaca, Levin, Gibson, Richards, Dromm, King, Rodriguez, Rose, Lander, Van Bramer, Barron, Kallos, Constantinides, Eugene and Williams

A Local Law to amend the administrative code of the city of New York, in relation to collecting and reporting data related to youth and foster care.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. According to the Administration for Children's Services (ACS), in Fiscal Year 2013, 1,078 youth aged 18 and older transitioned out of New York City's foster care system. Numerous studies demonstrate that youth who age out of foster care tend to experience worse outcomes than their peers in a variety of critical areas such as education, employment, income security, housing, and criminal justice involvement. There has not been a comprehensive analysis of outcomes for foster youth in New York City to date. While ACS has begun collecting data about this population, these efforts are still in their nascent stages and there is no current mechanism for regular, public dissemination of this information. Such data would assist the Council and the public in evaluating how successful ACS is in fulfilling its mandate to adequately prepare youth who age out of foster care for stable and independent living, and in evaluating the need for policy changes.

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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.

L.L. 2014/047

Enactment date: 9/30/2014

Int. No. 129-A

By Council Members Chin, Williams, Barron, Johnson, Palma, Reynoso, Rose, Rosenthal, Mendez, Levine, Cornegy, Levin, Arroyo, Kallos, Garodnick, Menchaca, Dromm, Lander, Mealy and Van Bramer

A Local Law to amend the administrative code of the city of New York, in relation to remedies for breach of the duty of an owner to refrain from harassment of tenants.

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. Before the ninetieth day after this local law shall have taken effect, the department shall post on its website the information required by paragraph six of subdivision m of section 27-2115 of the administrative code of the city of New York, as added by section two of this local law, for findings issued by a court of competent jurisdiction within the one year preceding the effective date of this local law, to the extent that the department received notice of such findings.

§ 4. This local law shall take effect 90 days after enactment, except that section 1 of this local law shall take effect 180 days after enactment, and except that the commissioner of housing preservation and development may take all necessary action, including the promulgation of rules, prior to such effective date.

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