L.L. 2007/037

Enactment date: 8/2/2007

Int. No. 34-A

By Council Members Reyna, Addabbo Jr., Comrie, Fidler, Martinez, Nelson, Recchia Jr., Sanders Jr., Stewart, Vann, White Jr., Yassky, Mendez, Jackson, Dickens, DeBlasio, Gentile, Liu, Sears, Vallone Jr., Weprin, Gallagher and Oddo

A Local Law to amend the administrative code of the city of New York, in relation to illegal conversions of manufacturing or industrial space to residential use.

Be it enacted by the Council as follows:

Section 1. Statement of legislative findings and intent. The alteration or modification of existing buildings designated for industrial or manufacturing uses to create illegal housing units is increasingly occurring throughout the City. Such modifications sometimes occur due to ignorance of the law but are often blatant efforts to thwart the law. The illegal conversion of buildings designated for industrial or manufacturing uses for the purpose of residential occupancy reduces the availability of valuable space from the City's remaining inventory of buildings designated for industrial or manufacturing uses. These illegal conversions result in increased costs for the leasing of space for industrial or manufacturing uses and increases the risk of further displacement of jobs in this sector, a crucial component of the City's economy. This legislation will empower our code enforcement officials and allow the issuance of multiple violations by assessing a penalty per residential unit in illegally converted buildings and increasing the penalties for violations.

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[Consolidated provisions are not included in this Appendix A]

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§ 7. Sections 1, 2, 3 and 4 of this local law shall take effect ninety days after they shall have been enacted into law except that the amendment of sections 26-126, 26-126.1 and 27-118.1 of the administrative code pursuant to sections 2, 3 and 4 of this local law shall not affect the repeal of such sections 26-126, 26-126.1 and 27-118.1 pursuant to sections 2 and 7 of a local law of the city of New York for the year 2007 amending the New York city charter and the administrative code of the city of New York relating to the enactment of the New York city construction codes as proposed in Int. No. 587-A. Sections 5 and 6 of this local law shall take effect on July 1, 2008.

L.L. 2007/038

Enactment date: 8/2/2007

Int. No. 550-A

By Council Member Garodnick, Brewer, Gennaro, Gentile, Gonzalez, Jackson, James, Koppell, Nelson, Vann, Weprin, White Jr., Seabrook, Mark-Viverito, Vacca, Martinez, Arroyo, Dickens, Lappin, Avella, Gerson, Liu, Sears, Gallagher and Oddo

A Local Law to amend the administrative code of the city of New York, in relation to inspection cycles for exterior walls.

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. Section one of this local law shall take effect immediately, except that the amendment of subdivision a of section 27-129 of the administrative code pursuant to section 1 of this local law shall not affect the repeal of section 27-129 of the administrative code pursuant to section 7 of a local law of the city of New York for the year 2007 amending the New York city charter and the administrative code of the city of New York relating to the enactment of the New York city construction codes as proposed in Int. No. 578-A. Section two of this local law shall take effect on July 1, 2008.

L.L. 2007/039

Enactment date: 8/2/2007

Int. No. 576-A

By Council Members Vallone Jr., Fidler, James, McMahon, Nelson, Recchia Jr., Sears, Weprin, White Jr., Gennaro, Jackson, Liu, Gallagher and Oddo

A Local Law to amend the administrative code of the city of New York, in relation to the possession and sale of graffiti instruments.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council hereby declares that graffiti is a public nuisance that degrades the quality of life in neighborhoods and communities across the City. Graffiti creates an atmosphere of neglect, inviting criminal activity and contributing to a feeling of disorderliness and fear.

The Council finds that 18-, 19-, and 20-year olds are disproportionately responsible for graffiti crime. Accordingly, prohibiting the sale to, and restricting the possession of, graffiti tools to persons under the age of 21 will greatly assist the City's anti-graffiti efforts. Requiring that graffiti materials be contained in a manufacturer-sealed package or completely enclosed in a locked container, which shall include bags, backpacks, briefcases and other containers that can be closed and secured with a key or a combination lock, allows persons between the ages of 18-20 to transport such materials to or from places where they may legally be used such as their school or at work, while making it difficult for these items to be used on the property of another.

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[Consolidated provisions are not included in this Appendix A]

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§ 6. This local law shall take effect 60 days after its enactment.

L.L. 2007/045

Enactment date: 9/5/2007

Int. No. 603-A

By Council Members Reyna, White Jr., Yassky, Dilan, James, Martinez and Palma

A Local Law to amend the administrative code of the city of New York, in relation to authorizing an application for technical corrections to the boundaries of the brooklyn navy yard/north brooklyn empire zone within the city of New York.

Be it enacted by the Council as follows:

Section 1.

   (a)   By Local Law No. 92 for the year 1997, the council of the city of New York authorized an application for the designation of the Brooklyn Navy Yard/North Brooklyn economic development zone relative to certain land within the borough of Brooklyn.

   (b)   The city of New York received approval from New York state of that economic development zone designation.

   (c)   Pursuant to section 15 of part GG of chapter 63 of the laws of 2000, the Brooklyn Navy Yard/North Brooklyn economic development zone is now known as the Brooklyn Navy Yard/North Brooklyn empire zone.

   (d)   Pursuant to subdivision d of section 957 of the General Municipal Law, certain empire zones referred to as "investment zones", including the Brooklyn Navy Yard/North Brooklyn empire zone, had to be configured into up to three distinct and separate contiguous areas. Pursuant to subdivision a-3 of section 960 of the General Municipal Law, the initial distinct and separate contiguous areas had to be approved by the empire zones designation board. An application for redesignation of such areas as an empire zone had to be submitted in accordance with section 961 of the General Municipal Law.

   (e)   The Brooklyn Navy Yard/North Brooklyn empire zone was configured into three distinct and separate contiguous areas. Accordingly, the city of New York was authorized to submit an application for redesignation of such areas within the borough of Brooklyn as the Brooklyn Navy Yard/North Brooklyn empire zone. Such areas were described by block and lot in subdivision e of section 22-713 of the administrative code of the city of New York, as added by section eighteen of Local Law No. 45 for the year 2006.

   (f)   By Local Law No. 45 for the year 2006, which became effective on November 9, 2006, the council of the city of New York authorized an application for the redesignation of the Brooklyn Navy Yard/North Brooklyn empire zone consistent with that reconfiguration as described in subdivision e of section one of this local law, such application was submitted to the New York state commissioner of economic development for ultimate approval by the empire zones designation board and the city of New York received approval from New York state for that redesignation.

   (g)   There were certain parcels of land that had been included within the Brooklyn Navy Yard/North Brooklyn Economic Development Zone and the Brooklyn Navy Yard/North Brooklyn Empire Zone that were intended to be included within the area for which an application for redesignation was authorized by Local Law No. 45 for the year 2006, but which were inadvertently omitted from such local law. The city of New York is authorized to submit an application for a technical correction of the boundary description of the Brooklyn Navy Yard/North Brooklyn empire zone to include those parcels of land inadvertently omitted and shall be described by block and lot in and be added to subdivision e of section 22-713 of the administrative code of the city of New York, as added by section eighteen of Local Law No. 45 for the year 2006. Such application for this technical correction shall be submitted to the New York state commissioner of economic development for ultimate approval by the empire zones designation board.

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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 and shall be deemed to have been in full force and effect on November 9, 2006.

L.L. 2007/046

Enactment date: 9/10/2007

Int. No. 351-A

By Council Members Fidler, Jackson, Weprin, Katz, Recchia Jr., Stewart, Yassky, Felder, Gentile, James, Gonzalez, Nelson, Vann, Dilan, Comrie, Dickens, Rivera, Addabbo Jr., Arroyo, Avella, Brewer, Foster, Gallagher, Garodnick, Gerson, Gennaro, Gioia, Lappin, Liu, Martinez, McMahon, Mendez, Sears, Vallone Jr., White Jr., Barron, Palma, de Blasio, Eugene and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to allowing schoolchildren to carry cellular phones to and from school.

Be it enacted by the Council as follows:

Section 1. Legislative intent. Cellular phones have proven to be invaluable tools in facilitating communication between schoolchildren and their parents or guardians as such children travel to and from school. The use of such phones allows parents or guardians to ensure their children's safe arrival at school in the morning and back at home at the end of the school day, and enables any children traveling to or from school who become injured or lost, or who find themselves in a remote location or in other dangerous circumstances, to contact their parents or guardians or the police. In addition, such use provides parents and their children with significant peace of mind. It is therefore the Council's intent to allow schoolchildren to carry cellular phones with them to and from school for the purpose of being used outside of school to promote safety and the general welfare.

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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 into law.

L.L. 2007/050

Enactment date: 10/9/2007

Int. No. 582-A

By Council Member McMahon, Fidler, Gennaro, Gentile, Liu, Mealy, Recchia Jr., Weprin, Nelson, Jackson, Lappin, and Felder

A Local Law to amend the administrative code of the city of New York, in relation to interfering with employees of the department of sanitation and the unauthorized collection or removal of solid waste and recyclable materials.

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 immediately; provided, however, that the notarized written agreement required by subparagraph one of paragraph b of subdivision 7 of section 16-118 of the administrative code of the city of New York, as added by section one of this local law, need not be filed with the commissioner of sanitation until thirty days after such effective date.

L.L. 2007/059

Enactment date: 12/5/2007

Int. No. 597-A

By Council Members Weprin Gentile, Nelson, Seabrook, Stewart and The Public Advocate (Ms. Gotbaum) (by request of the Mayor)

A Local Law to amend the charter of the city of New York, in relation to tax appeals and the creation of an office of administrative tax appeals composed of the tax commission and the tax appeals tribunal; and to repeal a provision of the charter of the city of New York relating to the tax appeals tribunal.

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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§ 7. Whenever pursuant to any provision of this local law functions, powers or duties are transferred from the tax commission or tax appeals tribunal to the office of administrative tax appeals, such functions, powers or duties shall be continued by the office of administrative tax appeals and such office shall have power to continue any business, proceeding or other matter involving such transferred functions, powers or duties.

§ 8. The records, property and equipment of the tax commission and tax appeals tribunal shall be transferred and delivered to the office of administrative tax appeals consistent with the transfer of any functions, powers and duties from the tax commission and tax appeals tribunal to the office of administrative tax appeals.

§ 9. No existing right or remedy of any character shall be lost, impaired or affected by reason of the adoption of this local law.

§ 10. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer, shall be affected or abated by the adoption of this local law or by anything herein contained.

§ 11. Whenever pursuant to any provision of this local law functions, powers or duties are assigned to the office of administrative tax appeals that were exercised by any employee of the tax commission or tax appeals tribunal or any officer thereof, all such employees in the classified city civil service who were engaged in the performance of such function, powers or duties shall be transferred to the office of administrative tax appeals, without examination and without affecting existing compensation or pension or retirement rights, privileges or obligations of such officers and employees.

§ 12. This local law shall take effect January 20, 2008, or as soon as practicable thereafter as a transfer of functions may be effectuated pursuant to this local law and subdivision 2 of section 70 of the civil service law; provided, however, that any or all actions necessary to effectuate such transfer may be taken prior to such effective date.

L.L. 2007/060

Enactment date: 12/5/2007

Int. No. 626

By Council Members Comrie, Gioia, Gonzalez, James, Nelson, Reyna, Weprin, White Jr. and Gennaro

A Local Law to amend the administrative code of the city of New York, in relation to regionally significant projects and empire zones.

Be it enacted by the Council as follows:

Section 1. Statement of legislative findings and intent. Under Section 957(d)(i) of the General Municipal Law, certain business enterprises located outside the boundaries of an Empire Zone may still be eligible for Empire Zone benefits as a "regionally significant project" because the economic activity of such enterprise is of a nature that is encouraged by the State, and the Administrative Board of such Empire Zone authorizes the designation of such business as a regionally significant project. The New York State Department of Economic Development and the South Jamaica Zone Administrative Board have determined that the proposed expansion of the Bimmy LLC's manufacturing facility in Long Island City is projected to create 100 new jobs and is eligible for Empire Zones benefits as a regionally significant project under Section 957(d)(i) of the General Municipal Law.

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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 except that the commissioner of small business services shall take such actions as are necessary for the administration and implementation of this local law including, but not limited to, the promulgation of rules prior to such effective date.

L.L. 2007/067

Enactment date: 12/19/2007

Int. No. 651-A

By Council Members Felder and Sears (by request of the Mayor)

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

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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§ 25. Section 38 of local law 34 for the year 2007 is REPEALED, section 39 of local law 34 for the year 2007 is renumbered section 38, and sections 36, 37, and 38 of local law 34 for the year 2007 are amended to read as follows:

§ 36. Each city agency with which any person who has business dealings with the city conducts such business shall[,] provide appropriate assistance in developing the doing business data base and shall take such steps as necessary to collect such information as required pursuant to this local law. Each city agency with which any person who has business dealings with the city conducts such business shall, at the board's request, provide appropriate assistance to the board in publicizing this local law and the rules of the board in connection with contributions of persons who have business dealings with the city; provided, however, that the rules shall not be [provided] applied to persons in categories of doing business activities before such categories are certified by the campaign finance board in accordance with section [twenty-six] thirty-seven of this local law.

§ 37. Sections one, two, eight, eleven, twelve and forty of this local law shall take effect immediately provided that the implementation of such sections shall take effect as follows: (i) [all of] the provisions of such sections concerning the holding of contracts for the procurement of goods, services or construction shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that there is a doing business database that identifies available information regarding chief executive officers, chief financial officers and/or chief operating officers or persons serving in an equivalent capacity[,] and persons with an interest in an entity which exceeds ten percent of the entity and persons employed in a senior managerial capacity [regarding] of an entity with a city contract pursuant to clause (i) of paragraph (a) of subdivision 18 of section 3-702 of the code as added by section one of this local law; (ii) [all of] the provisions of this local law concerning any bid or proposal for a contract for the procurement of goods, services or construction, and the provisions regarding persons employed in a senior managerial capacity with respect to any entity with a city contract pursuant to clause (i) of paragraph (a) of subdivision 18 of section 3-702 of the code as added by section one of this local law shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that there is a doing business database that identifies available information regarding chief executive officers, chief financial officers and/or chief operating officers or persons serving in an equivalent capacity, and persons with an interest in an entity which exceeds ten percent of the entity that has submitted a bid or proposal seeking such a contract, and persons employed in a senior managerial capacity of [entities that have submitted bids] any entity holding such a contract or that has submitted a bid or proposal seeking such a contract; (iii) the provisions of this local law concerning acquisition or disposition of real property, [applications for approvals] any application for approval sought pursuant to the provisions of section 195 [or] of the charter, any application for approval sought from the city of New York that has been certified pursuant to section 197-c of the [New York city] charter and any application for a zoning text amendment that has been certified pursuant to section 201 of the charter shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that there is a doing business database that identifies available information regarding chief executive officers, chief financial officers and/or chief operating officers or persons serving in an equivalent capacity, persons with an interest in an entity which exceeds ten percent of the entity and persons employed in a senior managerial capacity of an entity with [a real property transaction or land use approval] an acquisition or disposition of real property or an application for approval sought pursuant to the provisions of section 195 of the charter, any application for approval sought from the city of New York that has been certified pursuant to section 197-c of the charter and any application for a zoning text amendment that has been certified pursuant to section 201 of the charter pursuant to [clause] clauses (ii) and (iii) of paragraph (a) of subdivision 18 of section 3-702 of the code as added by section one of this local law; (iv) the provisions of this local law concerning franchises and concessions shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that there is a doing business database that identifies available information regarding chief executive officers, chief financial officers and/or chief operating officers or persons serving in an equivalent capacity[,] and persons with an interest in an entity which exceeds ten percent of the entity [and persons employed in a senior managerial capacity regarding an entity] with a city franchise or concession pursuant to clause (iv) of paragraph (a) of subdivision 18 of section 3-702 of the code as added by section one of this local law; (v) [all of] the provisions of this local law concerning any bid or proposal for a franchise or concession, and the provisions regarding persons employed in a senior managerial capacity with respect to any entity with a city franchise or concession pursuant to clause (iv) of paragraph (a) of subdivision 18 of section 3-702 of the code as added by section one of this local law, shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that such database [includes,] identifies available information regarding chief executive officers, chief financial officers and/or chief operating officers or persons serving in an equivalent capacity, and persons with an interest in an entity which exceeds ten percent of the entity that has submitted a bid or proposal seeking such a franchise or concession, and persons employed in a senior managerial capacity [of entities with] with respect to any entity holding such a franchise or concession or that has submitted a bid or a proposal for such a franchise or concession; (vi) [all of] the provisions of this local law concerning a recipient of a grant shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that there is a doing business database that identifies available information regarding chief executive officers, chief financial officers and/or chief operating officers or persons serving in an equivalent capacity, persons with an interest in an entity which exceeds ten percent of the entity and persons employed in a senior managerial capacity [regarding an] with respect to any entity that is a recipient of a grant pursuant to clause (v) of paragraph (a) of subdivision 18 of section 3-702 of the code as added by section one of this local law; (vii) [all of] the provisions of this local law concerning a party to an economic development agreement shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that there is a doing business database that identifies available information regarding chief executive officers, chief financial officers and/or chief operating officers or persons serving in an equivalent capacity, persons with an interest in an entity which exceeds ten percent of the entity and persons employed in a senior managerial capacity [regarding an] with respect to any entity that is an applicant for or a party to an economic development agreement pursuant to clause (vi) of paragraph (a) of subdivision 18 of section 3-702 of the code as added by section one of this local law; (viii) [all of] the provisions of this local law concerning a contract for the investment of pension funds, including investments in a private equity firm and contracts with investment related consultants shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that there is a doing business database that identifies available information regarding chief executive officers, chief financial officers and/or chief operating officers or persons serving in an equivalent capacity, persons with an interest in an entity which exceeds ten percent of the entity and persons employed in a senior managerial capacity [regarding an] with respect to any entity that is an applicant for or a party to a contract for the investment of pension funds, including investments in a private equity firm and contracts with investment related consultants pursuant to clause (vii) of paragraph (a) of subdivision 18 of section 3-702 of the code as added by section one of this local law; and (ix) [all of] the provisions of this local law concerning lobbyists shall take effect thirty days after the campaign finance board and the department of information technology and telecommunications have certified to the mayor and council that there is a doing business database that identifies lobbyists; and shall be applicable to all receipts, expenditures, and public funds claims after such effective dates for elections held after such effective dates; provided that, upon enactment of this local law, the campaign finance board shall take all necessary steps, including but not limited to the promulgation of forms and rules, to ensure the prompt implementation of this local law upon its effective date. Notwithstanding any provision of law to the contrary, the campaign finance board and the department of information technology and telecommunication may certify any component of the doing business database enumerated in clauses (i) through [(viii)] (ix) of this section as complete when it has determined that each component identifies such persons with reasonable completeness and accuracy. Notwithstanding any provision of law to the contrary, immediately upon certification of each component of the doing business database pursuant to this section, the department of information technology and telecommunications shall provide to the [Mayor] mayor and the [Council] council an analysis of the steps taken to compile the component of the database certified and the campaign finance board shall provide to the [Mayor] mayor and the [Council] council an analysis of the steps taken to ensure and test for reasonable completeness and accuracy. Such report shall also demonstrate the process by which the department of information technology and telecommunications and the campaign finance board shall update the doing business database and ensure that names of persons no longer doing business with the city are removed. The deadline for certification of this section in relation to clauses (i), [and] (iv), and (ix) shall be six months from the effective date of this local law; the deadline for certification of this section in relation to clauses (ii), (v), (vi), (vii) and (viii) shall be one year from the effective date of this local law; and the deadline for certification of this section in relation to clause (iii) shall be sixteen months from the effective date of this local law; provided, however, that any component of the doing business database that has not been certified on or before December 1, 2008 may not be certified until on or after November 30, 2009.

§ [39] 38. With its 2009 post-election report, the campaign finance board shall submit a report to the council on the status of the doing business database. Such report shall contain the status of each of the components enumerated in clauses (i) through [(viii)] (ix) of section [thirty-three] thirty-seven of this local law and whether each such component has been certified, for those components that have not been certified, if any, what the status is of the development of such component of the database and the expected timeline for such component's certification. The campaign finance board shall provide the council and the mayor with recommendations, if any, for exempting certain types of transactions, applications or agreements from the definition of business dealings with the city as defined in section one of this local law. If such proposals are submitted by the board, and such proposals are accepted by the council, or if the council fails to take action on such proposals within sixty days, such proposals shall take effect. Rejection of such proposals by resolution, or action by the council on amendments to the definition of business dealings with the city different from those contained in such proposals shall constitute action on such proposals.

§ 26. Section forty of local law 34 for the year 2007 is renumbered section 39 and section forty-one of local law 34 for the year 2007 is renumbered and amended to read as follows:

[§ 41] § 40. Sections three through seven, nine, ten, thirteen through [twenty, and twenty-two through thirty-three] thirty-six and thirty-nine of this local law shall take effect on January 1, 2008; provided, however that such sections shall apply only to elections held on or after such effective date and shall be applicable to all public funds claims for elections held on or after such effective date, regardless of whether the claim for public funds was submitted prior to the effective date.

§ 27. This local law shall take effect immediately.