L.L. 1986/073

Enactment date: 12/8/1986

Int. No. 724

By Council Member Spigner (by request of the Mayor); also Council Members Foster and Messinger

A Local Law to amend the administrative code of the city of New York, in relation to extending the moratorium on the conversion, alteration or demolition of single room occupancy multiple dwellings and prohibiting withdrawal of single room occupancy dwelling units from the rental market during the moratorium

Be it enacted by the Council as follows:

Section one. Declaration of legislative findings. On October second, nineteen hundred eighty-six, a judgment was entered by a justice of the New York state supreme court which invalidated local law number twenty-four for the year nineteen hundred eighty-six on the ground that the requirements for notice of public hearing prior to mayoral approval of the measure set forth in former section 38b-1.0 of the administrative code of the city of New York were not met. Since the hearing held in connection with mayoral approval of local law number twenty-two for the year nineteen hundred eighty-six, relating to extending the moratorium on conversion, alteration or demolition of single room occupancy multiple dwellings and prohibiting withdrawal of single room occupancy dwelling units from the rental market during the moratorium, was similarly noticed, questions may be raised as to the validity of local law number twenty-two for such year. While the corporation counsel advises that the judgment invalidating local law twenty-four for such year is before the appellate courts, and that, in his view, the mayor properly approved local law number twenty-four for such year and all other local laws which were before the mayor at that time, the council has determined that to exercise utmost caution in order to protect the population of low income persons it is prudent at this time to re-enact the provisions of local law number twenty-two for such year so as to remove any uncertainty that may exist as to its status.

§ 2. Section six of local law number fifty-nine for the year nineteen hundred eighty-five is amended to read as follows:

§ 6. This local law shall take effect immediately and shall be retroactive to and shall be deemed to have been in full force and effect on and after January ninth, nineteen hundred eighty-five. Subdivisions a and c of section C26-118.10 of the administrative code, as added by section two of this local law, shall cease to have any force and effect and shall terminate [eighteen months after such effective date] on December thirty-first, nineteen hundred eighty-six, unless terminated prior to such date by local law.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. Subdivisions a and c of section 27-198.2 of the administrative code of the city of New York shall cease to have any force or effect and shall terminate on December thirty-first, nineteen hundred eighty-six, unless terminated prior to such date by local law.

§ 6. To the extent that this local law has application prior to September first, nineteen hundred eighty-six, the amendments to section 27-198.2 and subchapter four of chapter two of title twenty-seven of the administrative code of the city of New York shall be deemed amendments to former section C26-118.10 and title D of chapter twenty-six, respectively, of such code repealed by chapter nine hundred seven of the laws of nineteen hundred eighty-five.

§ 7. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 8. This local law shall take effect immediately and be retroactive to and deemed in full force and effect as of July eighth, nineteen hundred eighty-six.

L.L. 1986/075

Enactment date: 12/22/1986

Int. No. 676

By the Vice Chairman (Council Member Vallone) and Council Member DeMarco, the President (Mr. Stein), Council Member Pinkett (by request of the Mayor); also Council Members Albanese, Berman, Castaneira-Colon, Crispino, Dear, DiBrienza, Dryfoos, Eisland, Foster, Gerges, Harrison, Horwitz; Katzman, Leffler, McCaffrey, Messinger, Michels, O'Donovan, Povman, Robles, Spigner, Ward and Molinari

A Local Law to amend the New York city charter, in relation to increasing the maximum income eligibility level for the granting of partial exemptions from real property taxation to certain persons sixty-five years of age or over and increasing the graduated income eligibility level for the granting of such exemptions to such persons

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. This local law shall take effect immediately and shall apply to assessments appearing on the assessment roll filed for the fiscal year commencing on the first day of July, nineteen hundred eighty-seven.

L.L. 1986/076

Enactment date: 12/22/1986

Int. No. 699-A

By Council Member Eisland (by request of the Mayor); also Council Member Leffler

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of for-hire vehicles

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent. The council recognizes the value of community-based service provided to the riding public by the city's for-hire vehicle industry including limousines and liveries. The council also recognizes its responsibility to the general public to provide for the safety of for-hire vehicles operating in the city. The council hereby finds that the public safety requires regulation to ensure that for-hire vehicles have adequate liability insurance coverage, are mechanically safe, are driven by responsible drivers and are in compliance with other standards of operation to be set forth by the taxi and limousine commission.

Local legislation adopted by the council has given the taxi and limousine commission authority to regulate nonmedallion for-hire vehicles as well as medallion taxicabs. The council previously has denominated nonmedallion for-hire vehicles as "limousines". The council finds that recent court decisions considering the type of vehicles subject to licensing by the taxi and limousine commission as "limousines" have construed the term "limousine" more narrowly than had been the intent of the council. This local law corrects any ambiguity in the law. Rather than continue to apply the term "limousine" to a variety of for-hire vehicles which offer distinctive types of passenger service, the council hereby determines to use the term "for-hire vehicle" to encompass the separate categories of vehicles for hire subject to the regulatory jurisdiction of the taxi and limousine commission and to define such term with specificity so that future uncertainty as to the council's intent will be eliminated.

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[Consolidated provisions are not included in this Appendix A]

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§ 11. Notwithstanding any inconsistent provision of chapter five of title nineteen of the administrative code of the city of New York, as amended by this local law, a person holding, as of the effective date of this local law, a valid, unrevoked limousine license for the operation of a vehicle reclassified as a for-hire vehicle pursuant to subdivision g of section 19-502 of such code as amended by section two of this local law may continue to operate such for-hire vehicle or its replacement pursuant to such limousine license up to and including the expiration date of such limousine license. Notwithstanding any inconsistent provision of such chapter, title and code, as amended by this local law, a person holding, as of the effective date of this local law, a valid, unrevoked limousine-driver's license who operates any vehicles reclassified as for-hire vehicles pursuant to subdivision g of section 19-502 of such code as amended by section two of this local law may continue to operate any such vehicle pursuant to such limousine-driver's license up to and including the expiration date of such limousine-driver's license. Notwithstanding the provisions of subdivision b of section 19-504 of such code, the fee for each for-hire vehicle license issued on or after the effective date of this local law and which expires May thirty-first, nineteen hundred eighty-seven shall be one hundred twenty-five dollars or such lesser amount as the taxi and limousine commission may establish by regulation.

§ 12. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 13. Not later than the thirtieth day after the date of enactment of this local law the taxi and limousine commission shall submit a written report to the council on its plan for implementing the regulatory authority concerning the licensing, inspection, enforcement, adjudication of violations and administration over the various classes of for-hire vehicles, as provided in section 19-503.1 of the administrative code of the city of New York as added by section three of this local law. Not later than the sixtieth day after such date of enactment the commission shall submit a written report to the council on the status of the hiring of personnel and on other actions taken for the improved enforcement of the provisions of chapter five of title nineteen of such code with regard to all vehicles required to be licensed under such chapter and title.

§ 14. This local law shall take effect ninety days after its date of enactment, provided however that the taxi and limousine commission as of the date of enactment of this local law shall be authorized to promulgate any rule or regulation necessary for the administration of and to issue any license provided for in such local law.

L.L. 1986/077

Enactment date: 12/22/1986

Int. No. 725

By the Vice Chairman {Council Member Vallone), Council Members Katzman and DeMarco; also Council Members Ferrer, Foster, Friedlander, Michels and Williams

A Local Law to amend the administrative code of the city of New York, in relation to establishing an advisory commission for the review of compensation levels of elected officials

Be it enacted by the Council as follows:

Section one. Declaration of legislative findings and intent. The council finds that public service should not be limited to the wealthy or those with limited personal obligations; that elected officials should receive salaries sufficient to maintain a standard of living reasonably consistent with the status of the office and the city they represent; that salary levels of elected officials should be high enough to avoid limiting subordinate salaries to levels that prevent the city from attracting and retaining competent dedicated managerial and executive personnel; that to maintain salary levels consistent with these standards and to avoid the salary compression which precludes reasonable salaries for key subordinates throughout city government, it is necessary and in the public interest to provide for the periodic examination of the salaries of elected officials; that such examination should be conducted by an advisory commission composed of disinterested private citizens chosen for their expertise in these matters and that such commission should be empowered to recommend changes in compensation levels of elected officials where such changes are warranted.

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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. 1986/078

Enactment date: 12/22/1986

Int. No. 727

By Council Member DeMarco (by request of the Mayor)

A Local Law to amend local law number four of the city of New York for the year nineteen hundred seventy-seven, in relation to continuing the present rates of the transportation corporation tax

Be it enacted by the Council as follows:

Section 1. Section four of local law number four for the year nineteen hundred seventy-seven is amended to read as follows:

§ 4. The rates provided in this local law for taxable years commencing on or after January first, nineteen hundred seventy-five shall apply to taxable years commencing on or after January first, nineteen hundred seventy-five and ending on or before December thirty-first, nineteen hundred eighty-eight. Thereafter, the lower rates in effect for taxable years ending on or before December thirty-first, nineteen hundred seventy-four shall apply.

§ 2. This local law shall take effect immediately.

L.L. 1986/080

Enactment date: 12/22/1986

Int. No. 731

By Council Member Leffler (by request of the Mayor); also Council Members Foster and Robles

A Local Law to amend local law seventy-six for the year nineteen hundred eighty-five and the administrative code of the city of New York, in relation to the control of asbestos

Be it enacted by the Council as follows:

Section one. Sections nine and ten of local law seventy-six for the year nineteen hundred eighty-five are amended to read as follows:

§ 9. Not later than December first, nineteen hundred eighty-eight, the commissioner of environmental protection shall submit to the council a report identifying and evaluating the potential risks, if any, which may be posed to workers and the general public from asbestos which is not disturbed by renovation, alteration or demolition work and recommending action deemed appropriate to ameliorate such risks as may be identified.

§ 10. This local law shall take effect sixty days after its enactment into law except that section C26-118.9 of article one of part two of the administrative code of the city of New York as added by section six of this local law and paragraphs one and two of subdivision b of section 1403.2-9.12 of part two of chapter fifty-seven of the administrative code of the city of New York as added by section seven of this local law shall take effect April first, nineteen hundred eight-seven and provided that such section C26-118.9 shall not be applicable to plans submitted prior to April first, nineteen hundred eighty-seven or amendments or revisions to such plans submitted prior to March thirty-first, nineteen hundred eighty-eight.

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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. 1986/081

Enactment date: 12/30/1986

Int. No. 739-A

By Council Member Katzman (by request of Mayor); also Council Members Dryfoos, Albanese, McCaffrey and Robles and the President (Mr. Stein) (Amended December 18, 1986) (Passed under a message of necessity from the Mayor)

A Local Law to amend the administrative code of the city of New York in relation to city contracts with companies doing business in South Africa and Namibia

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. The Council finds that apartheid is the most virulent form of racism inflicted by a government against its people since the Nazi era, and that it is incumbent on all levels of government to express opposition to this evil system.

The Council reaffirms the declaration made in local law nineteen of nineteen hundred eighty-five that the legally enshrined policy of apartheid practiced by the government of the republic of South Africa is morally repugnant to the people of the city of New York, and that it is appropriate for the city to conduct its business in keeping with the city's long tradition of ensuring that public monies are expended consistently with moral standards and in a manner which promotes the public welfare. Local law nineteen requires the city's depository banks to certify that they do not market coins minted in South Africa or Namibia or provide loans to or underwrite securities for the South African government, requires city contractors to comply with federal law regulating exports to South Africa and Namibia, and provides for a certification by city contractors that they do not sell goods or services directly to the South African police, military, prison system, or the agency that enforces the pass laws and will not supply goods to the city that originated in South Africa or Namibia. The Council finds that these provisions and similar laws enacted by local governments throughout the country, together with divestiture actions taken by state and local governments and religious and educational institutions have been influential in increasing corporate sensitivity to the morally intolerable conditions in South Africa, leading companies to cease activities supportive of apartheid, and in a growing number of cases to withdraw their operations from that country.

In the past year, despite worldwide condemnation of its racist policies, the South African government has continued to deprive non-white South Africans of basic human rights. It has responded with brutality to peaceful demonstrations, and banned participation in funerals and other religious observances. It has imposed a new set of repressive laws granting the government sweeping powers to close or take control of businesses, allowing arrest and detention of persons without charge or access to counsel, and providing for strict censorship of the press. In response to the worsening situation in South Africa and the plea for support from black South African leaders, nations throughout the world have imposed sanctions on South Africa, and many more state and local governments have adopted law regulating their own business with companies operating in South Africa and Namibia. Congress has overridden a presidential veto to adopt the comprehensive anti-apartheid act of nineteen hundred eighty-six. This new federal law represents an important development in American policy toward South Africa.

In view of the developments in South Africa and the effectiveness of local law nineteen and the divestiture programs adopted by the city's pension funds, the council finds it appropriate to strengthen the provisions of local law nineteen applicable to city contracts with companies doing business in South Africa and Namibia as an expression of our moral concerns in the conduct of the city's business. The provisions of this local law will expand the certification by prospective city contractors established by local law nineteen of nineteen hundred eighty-five in two stages. In the first stage, the certification will state that, in addition to the apartheid enforcing agencies already covered by local law nineteen, the contractor agrees that it will not provide goods or services other than food and medical supplies to other agencies that assist the South African government in its enforcement of apartheid: the bureau for information, the ministry of law and order, the ministry of education and development aid, the ministry of justice, the ministry of constitutional development and planning, the ministry of manpower, the armaments development and production corporation, the national intelligence services, and the council for scientific and industrial research; or energy-producing agencies that help to make South Africa energy-independent and thus less susceptible to international pressure for change: the electricity supply commission (ESCOM), the Atomic Energy Corporation (Ltd), the Southern Oil Exploration Corporation (Soekor), and the South African Coal, Oil and Gas Corporation (Sasol). This stage will take effect sixty days after the enactment of this local law.

In the second stage, companies seeking to do business with the city of New York will be asked to certify that they do not do business in South Africa and Namibia. This stage will take effect one year after the effective date of the first stage.

The council applauds the withdrawal of companies from South Africa but is nonetheless concerned that companies should not continue to supply their goods and services to the South African government through licensing agreements and other arrangements. The council is also concerned that goods and services provided to the city by companies that make the certification set forth in this local law should not be obtained from entities that do business in South Africa or Namibia in a manner that supports apartheid. The council will therefore study these problems to determine whether this law should be amended in the future. The council will also monitor whether progress is made by the South African government toward the release of political prisoners, the repeal of apartheid laws, the termination of the state of emergency, the lifting of banning orders against individuals and political parties, and the commencement of good faith negotiations with truly representative members of the black majority, and shall consider whether developments in South Africa and Namibia warrant any further modifications of the city's anti-apartheid law.

Local law nineteen of nineteen hundred eighty-five expresses New Yorkers' deeply-felt abhorrence for apartheid and responds in a responsible manner that recognizes the city's long tradition of spending public monies consistent with moral standards and the need to obtain goods and services economically. Despite the careful way in which these interests have been balanced in local law nineteen, and despite congressional and presidential action restricting activities supportive of apartheid, the United States department of transportation, with the support of the United States department of justice, has taken the position that it will not approve federal funds for city contracts that contain the terms and conditions provided by local law nineteen on the grounds that they conflict with federal law and regulations. The position of the federal departments of transportation and justice on this issue is counterproductive to the policy of opposition to apartheid embodied in the recently enacted federal legislation and sends the wrong message to the South African government. The city has taken and will continue to take action to seek the reversal of that position, including the support of federal legislation that will recognize state and local anti-apartheid purchasing policies, and expressly allow the application of these policies in programs using federal funds.

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[Consolidated provisions are not included in this Appendix A]

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§ 6. The provisions of subdivision a of section 6-115 of the administrative code as added by this local law shall not apply to actions taken or contracted to be taken by any person with respect to the agencies named in subparagraphs d through q of paragraph one of such subdivision prior to the effective date of such provisions.

§ 7. If any provision of this local law or the application thereof is held to be invalid, the remainder of this local law and the application thereof to other persons shall not be affected by such holding and shall remain in full force and effect.

§ 8.   a.   Sections one, four and seven of this local law shall take effect immediately.

   b.   Sections two, three and six of this local law shall take effect sixty days after it shall have become law.

   c.   Section five of this local law shall take effect one year after the effective date of sections two, three and six of this local law.