L.L. 1996/078

Enactment date: 8/29/1996

Int. No. 827

By Council Members Berman, Fisher, Pinkett, Clarke, Harrison, Marshall and Povman (by the request of the Mayor)

A Local Law in relation to provision of a retirement incentive for certain employees of the City of New York

Be it enacted by the Council as follows:

Section 1. Subject to the provisions of Chapter 30 of the Laws of 1996, the retirement incentive authorized by such act is made available to employees of the City of New York who meet the criteria set forth in such act. The open period, as defined in subdivision j of section 1, shall commence on September 3, 1996 and end on November 8, 1996.

§ 2. This act shall take effect immediately.

L.L. 1996/079

Enactment date: 9/11/1996

Int. No. 793-A

By the Speaker (Council Member Vallone), Council Members Freed, Albanese, Robles, Spigner, McCaffrey, Pinkett, Duane, Fisher, The Public Advocate (Mr. Green), Council Members Clarke, Malave-Dilan, Eisland, Eldridge, Henry, Laslier, Michels, Miller, Powell IV, Stabile, Pagan and Wooten; also Council Members Cruz, DiBrienza, Fields, Foster, Koslowitz, Marshall, McCabe, O'Donovan, Robinson, Ruiz, Sabini, Watkins, White, Williams, Harrison, Linares, Povman, Warden, Weiner and Rosado

A Local Law to amend the administrative code of the city of New York, in relation to establishing a prevailing wage requirement in contracts for security, temporary, cleaning and food services funded through the city treasury

Be it enacted by the Council as follows:

Section 1. Declaration of Legislative Findings and Intent. The Council finds that in several areas in which the city contracts for services there appears to be a trend toward paying low wages. This problem appears to be most egregious in the areas of security, temporary, cleaning and food services. Although the Council recognizes that this situation exists in other areas as well, it is an important first step to concentrate on these four industries where the problem is most blatant.

The city spends over $3 billion annually on personal service contracts, including approximately $200 million spent annually to purchase security, temporary, cleaning and food services. It is vital that the city receive the greatest level of service and economic return for its contractual expenditures. The Council, therefore, finds that it is in the best interest of the city to require as a condition of every contract for security, temporary, cleaning and food services that the contractor or subcontractor pay persons employed under such contract the applicable prevailing wage in the industry.

Recognizing that the not-for-profit sector is uniquely instrumental in the provision of services to the city's most vulnerable populations, such organizations are exempt from the requirements of this legislation. This is consistent with the state constitution's recognition that institutions whose mission is charity cannot be treated in the same manner as those organizations whose mission is profit-making.

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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 for all contracts for the provision of security and cleaning services, and shall only apply to contract solicitations issued after its effective date.

§ 4. This local law shall take effect one hundred eighty days after it shall be enacted into law for all contracts for temporary and food services, and shall only apply to contract solicitations issued after its effective date. Actions to effectuate the implementation of this local law as it applies to contracts for temporary and food services, including, but not limited to, establishing the prevailing wage rates for the following occupations found in the federal dictionary of occupational titles: secretary; word processing machine operator; data entry clerk; file clerk; general clerk; cafeteria attendant; counter attendant; cook; and kitchen helper, shall begin immediately.

L.L. 1996/080

Enactment date: 9/26/1996

Int. No. 456-B

By Council Members Sabini, Leffler, the Speaker (Council Member Vallone), Council Members Eristoff, Pagan, Abel, Fossella, Albanese, Miller, Ognibene, Weiner, White, Koslowitz, Spigner, Fisher, DeMarco, McCaffrey, Dear, Lasher and Stabile (by the request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to a prohibition against certain forms of aggressive solicitation

Be it enacted by the Council as follows:

Section 1. Legislative findings. The council recognizes a constitutional right to beg or solicit in a peaceful and non-threatening manner. The council finds, however, that an increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.

Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The council further finds that the presence of individuals who solicit money from persons at or near banks or automated teller machines is especially troublesome. Motorists also find themselves confronted by persons who without permission wash their automobile windows at traffic intersections, despite explicit indications by drivers not to do so. Such activity often carries with it an implicit threat to both persons and property. People driving or parking on city streets frequently find themselves faced with panhandlers seeking money by offering to perform "services" such as opening car doors or locating parking spaces.

This law is timely and appropriate because current laws and city regulations are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to serve a substantial governmental interest. Furthermore, in enacting this legislation, the council recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this law.

The law is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Its goal is instead to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the city.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 30 days after its enactment into law.