L.L. 1998/027

Enactment date: 7/7/1998

Int. No. 303-A

Introduced by the Speaker (Council Member Vallone) and Council Members Duane, DiBrienza, Freed, Pinkett, Berman, Reed, Robles, Eisland, Lopez, McCaffrey, Rivera, Koslowitz, Fisher, Watkins, Eldridge, Sabini, Miller, Eristoff, Malave-Dilan, Espada, Henry, Michels, Perkins, White, Linares and the Public Advocate (Mr. Green) (by request of the Mayor); also Council Members Carrion, Clarke, Foster, Harrison, Leffler, Marshall, O'Donovan, Robinson and Cruz.

A Local Law to amend the charter and administrative code of the city of New York, in relation to domestic partners.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. Mayoral Executive Orders spanning the past two administrations have established several rights and procedures relative to domestic partnerships, including a procedure for City residents to register their domestic partnerships in the office of the City Clerk. Such orders have further provided, among other things, that (i) registered domestic partners are eligible for visitation rights in City hospitals and correction facilities; (ii) City employees with registered domestic partnerships are eligible for child care leave and bereavement leave on the same basis as those benefits are afforded to employees with regard to their spouses; and (iii) registered domestic partnership is evidence of the right to succession to tenancy rights in facilities operated by the New York City housing authority and the department of housing preservation and development. By the end of April 1998, there were approximately 8,700 couples registered as domestic partners in New York City. More than 55% of those registered domestic partners were heterosexual couples, and less than 45% were same sex couples. Almost forty percent of registered domestic partnerships have accessed City health benefits available to partners of City employees and retirees.

The Council hereby finds that the provisions of those executive orders (Executive Order No. 48, dated January 7, 1993 and Executive Order No. 49, dated January 7, 1993) should now be enacted into local law and that, consistent with the intent of such orders and subject to any applicable federal or state law, the various provisions applicable to spouses in the charter and administrative code of the City of New York, as specified herein, should now be extended to domestic partners. The Council further notes that concurrent with the enactment of this legislation, agencies will be amending their rules and completing a review of agency policies and practices to effectuate that intent regarding domestic partners.

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[Consolidated provisions are not included in this Appendix A]

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§ 28. Nothing in this local law shall be deemed to supersede, alter, affect or conflict with any applicable state or federal statutes, laws, regulations or rules. Nor shall anything in this local law be construed to confer any right, privilege or benefit not explicitly provided for herein.

§ 29. Nothing in this local law requires, or is intended to require any religious or denominational institution or organization operated for charitable or educational purposes to recognize or provide benefits to domestic partners.

§ 30. Severability. If any provision of this local law or application thereof is adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, and the remainder of this local law and application thereof to other persons or circumstances shall not be affected by such holding and shall remain in full force and effect.

§ 31. This local law shall take effect sixty days after it shall have been enacted into law.