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.
§ 2. Chapter 2 of Title 3 of the administrative code of the city of New York is amended by adding a new subchapter 3. entitled domestic partnerships, to read as follows:
Subchapter 3. Domestic Partnerships
§ 3-240. As used in this section, the following terms shall have the following meanings:
a. "Domestic partners" shall mean persons who have a registered domestic partnership, which shall include any partnership registered pursuant to this chapter, any partnership registered in accordance with executive order number 123, dated August 7, 1989, and any partnership registered in accordance with executive order number 48, dated January 7, 1993. Nothing in this code shall affect a partnership that has been registered pursuant to either such executive order and has not been terminated in accordance with such executive orders or this chapter.
b. "Registry of domestic partnerships" shall mean the registry maintained by the city clerk pursuant to this chapter, and shall include all domestic partnerships registered by the city clerk pursuant to executive order number 48, dated January 7, 1993, and all domestic partnerships registered with the former department of personnel pursuant to executive order number 123, dated August 7, 1989. Within ten days of the effective date of the local law that added this definition, the department of citywide administrative services shall transfer to the city clerk the records of domestic partnerships registered with the former department of personnel.
c. "Affidavit of domestic partnership" shall mean an affidavit prepared by the office of the city clerk in accordance with rules adopted by the city clerk.
§ 3-241. Domestic partnership registration. a. A domestic partnership may be registered by two people who meet all of the following conditions:
1. Either: (a) both persons are residents of the city of New York or (b) at least one partner is employed by the city of New York on the date of registration;
2. Both persons are eighteen years of age or older;
3. Neither of the persons is married;
4. Neither of the persons is a party to another domestic partnership, or has been a party to another domestic partnership within the six months immediately prior to registration;
5. The persons are not related to each other by blood in a manner that would bar their marriage in the state of New York;
6. The persons have a close and committed personal relationship, live together and have been living together on a continuous basis.
b. In order to register, persons shall execute an affidavit of domestic partnership and submit it to the city clerk, who shall maintain a registry of domestic partnerships. Both parties to the partnership shall be present when the affidavit is submitted.
c. Except when one of the parties is confined to a prison, in a hospital or other health care facility, or is unable to travel to the office of the city clerk because of a disability, the affidavits shall be submitted to the city clerk at the office of the city clerk. The city clerk may adopt such rules as are necessary to implement the domestic partnership registration program. Such rules shall include provisions necessary to provide for the registration of domestic partners when one of the partners is in prison or unable to travel, which shall be equivalent to the rules applicable to persons in such circumstances who applyfor a marriage license.
§ 3-242. a. Termination of domestic partnership. If either party or both parties to a registered domestic partnership determines that the partnership has terminated, one of the partners shall file a termination statement with the city clerk. The person filing the termination statement shall declare that the domestic partnership is terminated and, if the termination statement has not been signed by both domestic partners, that the other domestic partner has been notified of such termination by registered mail, return receipt requested.
b. A domestic partnership shall terminate whenever one of the parties to the partnership marries.
§ 3-243. Confidentiality of domestic partnership information. The city clerk shall establish procedures to ensure the confidentiality of information in the registry of domestic partnerships.
a. In the ordinary course of business, such records shall be released only:
1. To the parties to the domestic partnership;
2. To individuals presenting written authorization from one of the parties to the domestic partnership;
3. To attorneys in cases where such records are required as evidence in a legal proceeding.
b. The following restrictions shall not apply to records that are at least fifty years old, or to records where both parties to the domestic partnership are deceased:
1. Where a party to the domestic partnership sends a third party to obtain their domestic partnership record without a letter of authorization, the third party may make the request and pay any applicable fee if the third party consents to having the record mailed directly to the party to the domestic partnership. The record shall not be released directly to the unauthorized third party.
2. If a person requires information concerning the prior history of domestic partnerships of a person who is that person's domestic partner or spouse or prospective domestic partner or spouse, the office of the City Clerk shall, upon receiving adequate assurance that such person's interest is as described in this paragraph, payment of the appropriate fee, and the furnishing of an approximate date of the registration of the partnership and sufficient information to search under at least one party's name, confirm only the fact of a prior domestic partnership by a "yes " or "no " answer.
c. Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnerships which have been registered by the city clerk, provided that appropriate measures are taken to prevent identification of persons registered.
§ 3-244. Certificate of domestic partnership registration. The city clerk shall issue a certificate of domestic partnership registration to persons who have registered pursuant to this subchapter. Such a certificate shall constitute notice of a registered domestic partnership when persons apply for rights or benefits available to domestic partners, including but not limited to:
a. Bereavement leave and child care leave of absence for city employees;
b. Visitation in city correctional and juvenile detention facilities;
c. Visitation in facilities operated by the New York City health and hospitals corporation;
d. Eligibility to qualify as a family member to be added by the New York City housing authority to an existing tenancy as a permanent resident;
e. Eligibility to qualify as a family member entitled to succeed to the tenancy or occupancy rights of a tenant or cooperator in buildings supervised by or under the jurisdiction of the department of housing preservation and development,
f. Health benefits provided by the city to city employees and retirees and eligible members of their families, pursuant to stipulation or collective bargaining;
g. Such other rights or benefits as may be established pursuant to applicable law.
§ 3. Section 1150 of the New York city charter is amended by adding a new subdivision 13, to read as follows:
13. The term "domestic partner" shall mean persons who have a registered domestic partnership pursuant to section 3-240 of the administrative code, a domestic partnership registered in accordance with executive order number 123, dated August 7, 1989, or a domestic partnership registered in accordance with executive order number 48, dated January 7, 1993.
§ 4. Paragraph 3 of subdivision a of section 111 of the New York city charter, as added by vote of the electorate on November 7, 1989, is amended to read as follows:
3. Require each member of its governing board to submit to the agency each year a disclosure statement including such member's name, home address, principal occupation and business interests from which such member or such member's spouse or domestic partner received income equal to or greater than ten per cent of their aggregate gross income during the previous year.
§ 5. Subdivisions 5, 6, 16 and 21 of section 2601 of the New York city charter, as added by vote of the electorate on November 8, 1988, are amended to read as follows:
5. A person or firm "associated" with a public servant includes a spouse, domestic partner, child, parent or sibling; a person with whom the public servant has a business or other financial relationship; and each firm in which the public servant has a present or potential interest.
6. "Blind trust" means a trust in which a public servant, or the public servant's spouse, domestic partner, or unemancipated child, has a beneficial interest, the holdings and sources of income of which the public servant, the public servant's spouse, domestic partner, and unemancipated child have no knowledge, and which meets requirements established by rules of the board, which shall include provisions regarding the independent authority and discretion of the trustee, and the trustee's confidential treatment of information regarding the holdings and sources of income of the trust.
16. "Ownership interest" means an interest in a firm held by a public servant, or the public servant's spouse, domestic partner, or unemancipated child, which exceeds five percent of the firm or an investment of twenty-five thousand dollars in cash or other form of commitment, whichever is less, or five percent or twenty-five thousand dollars of the firm's indebtedness, whichever is less, and any lesser interest in a firm when the public servant, or the public servant's spouse, domestic partner, or unemancipated child exercises managerial control or responsibility regarding any such firm, but shall not include interests held in any pension plan, deferred compensation plan or mutual fund, the investments of which are not controlled by the public servant, the public servant's spouse, domestic partner, or unemancipated child, or in any blind trust which holds or acquires an ownership interest. The amount of twenty-five thousand dollars specified herein shall be modified by the board pursuant to subdivision a of section twenty-six hundred three.
21. a. "Spouse" means a husband or wife of a public servant who is not legally separated from such public servant.
b. "Domestic partner" means persons who have a registered domestic partnership pursuant to section 3-240 of the administrative code, a domestic partnership registered in accordance with executive order number 123, dated August 7, 1989, or a domestic partnership registered in accordance with executive order number 48, dated January 7, 1993.
§ 6. Subparagraph (a) of paragraph 15 of subdivision a of section 2903 of the New York city charter, as amended by local law number 43 for the year 1995, is amended to read as follows:
(a) The commissioner shall issue a special vehicle identification parking permit to a New York city resident who requires the use of a private automobile for transportation and to a non-resident who requires the use of a private automobile for transportation to a school in which such applicant is enrolled or to a place of employment, when such person has been certified by the department of health or a provider designated by the department or the department of health, who shall make such certification in accordance with standards and guidelines prescribed by the department or the department of health, as having a permanent disability seriously impairing mobility. A permit shall be issued to such person upon his or her application. A permit shall also be issued to such person upon application made on such person's behalf by a parent, spouse, domestic partner, guardian or other individual having legal responsibility for the administration of such person's day to day affairs. Any vehicle displaying such permit shall be used exclusively in connection with parking a vehicle in which the person to whom it has been issued is being transported or will be transported within a reasonable period of time. Such permit shall not be transferable and shall be revoked if used on behalf on any other person. Any abuse by any person to whom such permit has been issued of any privilege, benefit or consideration granted pursuant to such permit, shall be sufficient cause for revocation of said permit.
§ 7. Section 1- 112 of the administrative code of the city of New York is amended by adding a new subdivision 21 to read as follows:
21. The term "domestic partner" shall mean persons who have a registered domestic partnership pursuant to section 3-240 of the administrative code, a domestic partnership registered in accordance with executive order number 123, dated August 7, 1989, or a domestic partnership registered in accordance with executive order number 48, dated January 7, 1993.
§ 8. Subdivision a of section 3-204.2 of the administrative code of the city of New York, as amended by local law number 59 for the year 1996, is amended to read as follows:
(a) The city clerk, clerk of the council shall have the power at the request of any member of the council who shall hereafter resign or whose term of office shall hereafter terminate, or a surviving spouse or domestic partner of such member, to sell and transfer to such member or to such surviving spouse or domestic partner the chair last occupied by such member in the councilmanic chamber for the sum of [thirtyfive] thirty-five dollars, depositing any monies received from such sale with the commissioner of finance; provided however, that a written request therefor accompanied by the payment herein provided be submitted to the city clerk, clerk of the council within sixty days after any such resignation or termination of term of office. The commissioner of citywide administrative services shall upon notice from the city clerk, clerk of the council make prompt replacement of such chair so transferred or sold.
§ 9. Sections 3-401, 3-402, 3-403, 3-404 and 3-405 of the administrative code of the city of New York, section 3-402 as amended by local law number 2 for the year 1997, are amended to read as follows:
§ 3-401 Awards to spouses of killed firefighters, police officers and transit police officers. The [board of estimate] mayor is authorized and empowered to make an award to the spouse or domestic partner of a member of the uniformed force of the police department, fire department or uniformed transit police force, maintained by the New York city transit authority, killed while engaged in the discharge of duty. Such award shall equal the annual salary of such member at the time of death, but in no case less than the full salary payable to a first grade police officer, firefighter or transit police officer at the date of death of such employee.
In case there shall be no spouse or domestic partner surviving such member, the award shall be made to the minor child or children surviving such member. In case there shall be no spouse or domestic partner nor child nor children so surviving the award may be made to the dependent mother, father, or other dependents of such member. Such award shall be made in one payment as soon after the death of such member as may be possible and shall be in addition to any pension, award or other allowances authorized by law.
§ 3-402 Awards to surviving spouses and domestic partners of members of the uniformed correctional and sanitation forces. The mayor is hereby authorized and empowered to make an award to the surviving spouse or domestic partner of a member of the uniformed correctional force or the uniformed sanitation force, employed by the department of correction in any prison or jail under control of the city, or any county within the city, or employed by the department of sanitation, who has been or hereafter shall be killed while engaged in the discharge of duty. Such award shall be fixed in the discretion of the mayor. In case there be no surviving spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving the decedent. Such award shall be paid in one payment as soon after the death of such member of the uniformed correctional or sanitation force as may be possible and shall be in addition to any pension, award or other allowance authorized by law.
§ 3-403 Awards to spouses and domestic partners of school crossing guards. The [board of estimate] mayor is hereby authorized and empowered to make an award to the spouse or domestic partner of a school crossing guard, appointed as such by the police commissioner pursuant to the provisions of section 14-118 of this code, who has been or hereafter shall be killed while engaged in the discharge of duty. Such award shall equal the annual compensation earnable by a school crossing guard as provided for in the budget for the fiscal year in which death occurs. In case there [by] be no spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving such decedent. Such award shall be paid in one payment as soon after the death of such school crossing guard as may be possible and shall be in addition to any pension, award, or other allowance authorized by law.
§ 3-404 Awards to spouses and domestic partners of officers or employees of the city. The [board of estimate] mayor is hereby empowered to make an award to the spouse or domestic partner of any officer or employee of the city who was heretofore or shall hereafter be killed while engaged in the discharge of duty and who, at the time of death, was not or shall not have been a member of a retirement system or pension fund maintained by the city or supported in whole or in part by city funds. Such award shall equal the annual compensation eamable by such officer or employee as provided by law or in the budget for the fiscal year in which death occurs.
In case there shall be no spouse or domestic partner surviving the decedent, the award shall be made to the minor child or children of such decedent. In case there shall be no spouse, domestic partner, or child or children so surviving, the award shall be made to the dependent mother, father, or other dependents of such decedent. Such award shall be paid in one payment as soon after the death of such officer or employee as may be possible.
§ 3-405 Awards for death or injuries received by persons other than peace officers while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances. Direct action on the part of private citizens in preventing crimes against the person or property of others, preserving the peace or preventing public disturbances, benefits the entire public. The [board of estimate] mayor is hereby authorized and empowered to make an award for the death of or injury to any person or persons, other than police officers or peace officers, which has been or shall hereafter be caused in attempting to prevent the commission of a crime against the person or property of another, preserve the peace or prevent public disturbances. Such award shall be fixed in the discretion of the [board of estimate] mayor as a matter of grace and not as a matter of right, and shall, in the case of personal injuries, be based upon the medical expenses and loss of earnings incurred by such person injured while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances. In the case of the death of such person, such award shall be made to the surviving spouse or domestic partner, child or other dependent of such person; and the award may be in a single payment, or may be made in periodic payments under provisions similar to those set forth in section 13-244 of this code, which periodic payments may be in an amount not to exceed the amounts payable pursuant to such section as a pension to the surviving spouse or domestic partner, child or other dependent, as the case may be, of a deceased first-grade police officer. Petitions for an award hereunder must be presented to the [board of estimate] mayor within six months after the happening of the occurrence which resulted in such injury or death. Before the [board) mayor shall make such payment, [it] he or she shall require the claimant to execute and deliver an assignment to the city, in such form as shall be approved by the corporation counsel, of an amount equal to the payments made or to be made by the city, payable out of the proceeds of any recovery, whether by judgment, settlement or otherwise, against the city or any person or any public or private corporation alleged to have been responsible for said death or injuries.
§ 10. Subdivision 12 of section 3-702 of the administrative code of the city of New York is amended to read as follows:
12. The term "intermediary" shall mean an individual, corporation, partnership, political committee, employee organization or other entity which, other than in the regular course of business as a postal, delivery or messenger service, delivers any contribution from another person or entity to a candidate or an authorized committee. "Intermediary" shall not include spouses, domestic partners, parents, children or siblings of the person making such contribution.
§ 11. Paragraph h of subdivision I of section 3-703 of the administrative code of the city of New York, as amended by local law number 69 for the year 1990, is amended to read as follows:
(h) not make expenditures from or use his or her personal funds or property or the personal funds or property of his or her spouse, domestic partner, or unemancipated children in connection with his or her nomination for election or election except as a contribution to his or her principal committee in an amount that does not exceed the maximum contribution amount applicable pursuant to paragraph (f) of this subdivision.
§ 12. Paragraph b of subdivision 2 of section 3-704 of the administrative code of the city of New York is amended to read as follows:
(b) payments made to the candidate or a spouse, domestic partner, child, grandchild, parent, grandparent, brother or sister of the candidate or spouse or domestic partner of such child, grandchild, parent, grandparent, brother or sister, or to a business entity in which the candidate or any such person has a ten percent or greater ownership interest;
§ 13. Paragraph f of subdivision 1 of section 8-107 of the administrative code of the city of New York, as added by local law number 39 for the year 1991, is amended to read as follows:
(f) The provisions of this subdivision shall not govern the employment by an employer of his or her parents, spouse, domestic partner, or children; provided, however, that such family members shall be counted as persons employed by an employer for the purposes of subdivision five of section 8-102 of this chapter.
§ 14. Paragraphs 1, 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of subdivision b of section 12-110 of the administrative code of the city of New York, as amended by local law number 84 for the year 1990, are amended to read as follows:
1. List the name of the person reporting; his or her title of position; the entity by which he or she is employed, his or her office address and telephone number; list the marital status of the person reporting, and if married, list spouse's full name including maiden name where applicable; indicate whether the person is a member of a domestic partnership, and if so, list the partner's full name; list the names of all unemancipated children. For purposes of this section, the term "unemancipated child" shall mean any son, daughter, stepson, or stepdaughter who is under age eighteen, unmarried and living in the household of the person reporting, and shall also include any son or daughter of the domestic partner of such person who is under age eighteen, unmarried and living in the household of the person.
2. List any office, trustee, directorship, or partnership, or position of any nature including honorary positions, whether compensated or not, held by the person reporting, or his or her spouse or domestic partner or unemancipated child of the person reporting, with any firm, corporation, association, partnership, or other organization other than the state of New York. Do not list membership positions. If the listed entity was licensed or regulated by any state or local agency, or, as a regular and significant part of the business or activity of said entity, did business with, or had matters other than ministerial matters before, any state or local agency, list the name of any such agency.
3. (a) List the name, address and description of any occupation, trade, business, profession or employment, other than the employment listed pursuant to paragraph one of this subdivision, engaged in by the person reporting. If such activity was licensed or regulated by any state or local agency, or, as a regular and significant part of the business or activity of the listed entity, did business with, or had matters other than ministerial matters before, any state or local agency, list the name of any such agency.
(b) If the spouse, domestic partner or unemancipated child of the person reporting was engaged in any occupation, employment, trade, business or profession which activity was licensed or regulated by any state or local agency, or, as a regular and significant part of the business or activity of said entity, did business with, or had matters other than ministerial matters before, any state or local agency, list the name, [address] address and description of such occupation, employment, trade, business or profession and the name of any such agency.
7. List the nature and amount of any income of one thousand dollars or more from each source derived during the preceding calendar year, to the person reporting or his or her spouse or domestic partner. For purposes of this paragraph, "income" shall include, but not be limited to, salary for government employment, income from other compensated employment whether public or private, directorships and other fiduciary or advisory positions, contractual arrangements, teaching income, partnerships, lecture fees, consultant fees, bank and bond interest, dividends, income derived from a trust, real estate rents, and recognized gains from the sale or exchange of real or other property. Income from a business or profession and real estate rents shall be reported with the source identified by the building address in the case of real estate rents and otherwise by the name of the entity and not by the name of the individual customers, clients or tenants, with the aggregate net income before taxes for each building address or entity. The receipt of maintenance received in connection with a matrimonial action, alimony and child support payments shall not be listed.
8. List the source [or] of each of the following items received or accrued during the preceding calendar year by the person reporting:
(a) Any deferred income to be paid following the close of the calendar year for which this disclosure statement is filed, other than any source of income otherwise disclosed pursuant to subparagraph (a) of paragraph nine of this subdivision, of one thousand dollars or more from each source. Deferred income derived from the practice of a profession shall be listed in the aggregate and shall be identified as to the source, including the name of the firm, corporation, partnership or association through which the income was derived, but shall not include individual clients' identity.
(b) Reimbursement to the person reporting or his or her spouse or domestic partner, for expenditures, excluding campaign expenditures and expenditures in connection with official duties reimbursed by the city, of one thousand dollars or more in each instance. For purposes of this subparagraph, the term "reimbursements" shall mean any travel related expenses provided by non-governmental sources and for activities related to the reporting person's official duties, such as speaking engagements, conferences, or fact finding events, but shall not include gifts reported pursuant to subparagraph (d) of this paragraph.
(c) Honoraria received by the person reporting or his or her spouse or domestic partner from a single source in the aggregate amount of one thousand dollars or more.
(d) Any gift, its value and nature, in the aggregate amount or value of one thousand dollars or more from any single source received by the person reporting, his or her spouse or domestic partner or unemancipated child, during the preceding calendar year, excluding gifts from a relative, except as otherwise provided under the election law covering campaign contributions. For purposes of this subparagraph, the term "gift" shall not include reimbursements, as defined in subparagraph (b) of this paragraph, and the term "relative" shall mean the spouse, domestic partner, stepchild, or stepparent of the person reporting, or any person who is a direct descendant of the grandparents of the person reporting or of the spouse or domestic partner of the person reporting.
9. (a) List the identity and value, if reasonably ascertainable, of each interest in a trust, estate or beneficial interest held by the person reporting or his or her spouse or domestic partner, including but not limited to (1) retirement plans (other than retirement plans of the state of New York or city of New York) and (2) deferred compensation plans established in accordance with the internal revenue code, where the person reporting or his or her spouse or domestic partner held a beneficial interest of one thousand dollars or more during the preceding calendar year. Do not report interests in a trust, estate or other beneficial interest established by or for, or the estate of, a relative, as defined in subparagraph (d) of paragraph eight of this subdivision.
(b) List each assignment of income of one thousand dollars or more, and each transfer other than to a relative, as defined in subparagraph (d) of paragraph eight of this subdivision, during the preceding calendar year for less than fair consideration of an interest of one thousand dollars or more, in a trust, estate, or other beneficial interest, securities or real property, by the person reporting, which would otherwise be required to be reported herein and is not or has not been reported.
10. List any interest of one thousand dollars or more, excluding bonds and notes, held by the person reporting, his or her spouse or domestic partner or the reporting person's unemancipated child, or partnership of which any such person is a member, or corporation, ten per centum or more of the stock of which is owned or controlled by any such person, whether vested or contingent, in any contract made or executed by a state or local agency. Include the name of the entity which holds such interest and the relationship of the person reporting, or his or her spouse or domestic partner or unemancipated child, to such entity and the interest in such contract. Do not list any interest in any such contract on which final payment has been made and all obligations under the contract, except for guarantees and warranties, have been performed, provided, however, that such an interest shall be listed if there has been an ongoing dispute during the calendar year for which this statement is filed with respect to any such guarantees or warrantees. Do not list any interest in a contract made or executed by a state agency after public notice and pursuant to a process for competitive bidding or a process for competitive requests for proposals.
11. List the name, principal address and general description or the nature of the business activity of any entity in which the person reporting or his or her spouse or domestic partner had an investment of one thousand dollars or more. excluding investments in securities and interests in real property.
12. List the type and market value of [securities] securities held by the person reporting or his or her spouse or domestic partner from each issuing entity, valued at one thousand dollars or more at the close of the preceding calendar year, including the name of the issuing entity, exclusive of securities held by the person reporting issued by a professional corporation. Whenever an interest in securities exists through a beneficial interest in a trust, the securities held in such trust shall be listed only if the person reporting has knowledge thereof, except where the person reporting or his or her spouse or domestic partner has transferred assets to such trust for his or her benefit; in that event the securities shall be listed unless they are not ascertainable by the person reporting because the trustee is under an obligation or has been instructed in writing not to disclose the contents of the trust to the person reporting. Securities of which the person reporting or his or her spouse or domestic partner is the owner of record but in which he or she has no beneficial interest shall not be listed. Where the person or his or her spouse or domestic partner holds more than five per centum of the stock of a publicly held corporation or more than ten per centum of a privately held corporation, percentage of ownership shall be listed. List any securities owned for investment purposes by a corporation more than fifty per centum of the stock of which is owned or controlled by the person reporting or his or her spouse or domestic partner. For purposes of this paragraph the term "securities" shall mean bonds, mortgages, notes, obligations, warrants and stocks of any class, investment interests in limited or general partnerships and certificates of deposits and such other evidences of indebtedness and certificates of interest as are usually referred to as securities. The market value for such securities shall be reported only if reasonably ascertainable and shall not be reported if the security is an interest in a general partnership that was listed in paragraph five of this subdivision or if the security is corporate stock, not publicly traded, in a trade or business of the reporting person or his or her spouse or domestic partner.
13. List the location, size, general nature, acquisition date, market value and percentage of ownership of any real property in which any vested or contingent interest of one thousand dollars or more is held by the person reporting or his or her spouse or domestic partner. List real property owned for investment purposes by a corporation more than fifty per centum of the stock of which is owned or controlled by the person reporting or his or her spouse or domestic partner. Do not list any real property which is the primary or secondary personal residence of the reporting person or his or her spouse or domestic partner, except where there is a co-owner who is other than a relative, as defined in subparagraph (d) of paragraph eight of this subdivision.
14. List the identity of each note or account receivable or other outstanding loan in the amount of one thousand dollars or more held by the person reporting or his or her spouse or domestic partner during the preceding calendar year, including debts secured by a mortgage, and other secured and unsecured debts. List the name of the debtor, type of obligation, date due and the nature of the collateral, if any, securing payment for each such debt. Debts, notes and accounts receivable owed to the person reporting or his or her spouse or domestic partner by a relative, as defined in subparagraph (d) of paragraph eight of this subdivision, shall not be reported.
15. List each creditor to whom the person reporting or his or her spouse or domestic partner was indebted, for a period of ninety consecutive days or more during the preceding calendar year, and each such creditor to whom any debt was owed on the date of filing, in an amount of five thousand dollars or more. Debts to be listed include real estate mortgages and other secured and unsecured loans. If any reportable liability has been guaranteed by any third person, list the name of such guarantor. Do not list liabilities incurred by, or guarantees made by, the person reporting or his or her spouse or domestic partner or by any proprietorship, partnership or corporation in which such person has an interest, when incurred or made in the ordinary course of trade, business or professional practice of such person. Include the name of the creditor and any collateral pledged by such individual to secure payment of any such liability. Do not list any liability to a relative, as defined in subparagraph (d) of paragraph eight of this subdivision, or any obligation to pay maintenance in connection with a matrimonial action, alimony or child support payments. Revolving charge account information shall only be set forth if the [liabiltiy] liability thereon is in excess of five thousand dollars for a period of ninety consecutive days or more during the preceding calendar year, or if the liability thereon is in excess of five thousand dollars as of the time of filing. Any loan issued in the ordinary course of business by a financial institution to finance educational costs, the cost of home purchase or improvements for a primary or secondary residence, or purchase of a personally owned motor vehicle, household furniture or appliances shall be excluded.
§ 15. Subparagraph (b) of paragraph 2 of subdivision d of section 12-110 of the administrative code of the city of New York, as amended by local law number 16 for the year 1986, is amended to read as follows:
(b) Any information regarding any financial interests of the spouse, domestic partner, or an unemancipated child of a person filing in which the person filing has no financial interest shall be withheld from public inspection as an unwarranted invasion of privacy unless the conflicts of interest board determines that such information involves an actual or potential conflict of interest on the part of the person filing.
§ 16. Section 12-307 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows:
c. It shall be the policy of the city of New York that, to the extent not inconsistent with law, the city shall make benefits available to the domestic partners of city employees on the same basis as the city makes benefits available to the spouses of city employees.
§ 17. Paragraph (ii) of subdivision 2 of section 14-204 of the administrative code of the city of New York is amended to read as follows:
(ii) that funds collected will be used to aid surviving spouses [and], domestic partners or children of members of the police force slain in the line of duty or that the funds collected will be used for any other charitable program unless the organization is actually engaged in such a program;
§ 18. Paragraph 10 of subdivision b of section 16-321 of the administrative code of the city of New York is amended to read as follows:
(10) "Ownership interest" means an interest in a firm that is held by a candidate for any advisory board created pursuant to this subchapter, or by a member of such board, or by the spouse, domestic partner, or unemancipated child of such candidate or member, which exceeds five percent of the firm or an investment of twenty-five thousand dollars in cash or other form of commitment, whichever is less, or five percent or twenty-five thousand dollars of the firm's indebtedness, whichever is less, and any lesser interest in a firm when such candidate or member, or such spouse, domestic partner, or unemancipated child, exercises managerial control or responsibility regarding any such firm, but shall not include interests held in any pension plan, deferred compensation plan or mutual fund, the investments of which are not controlled by such candidate or member, or by such spouse, domestic partner, or unemancipated child, or in any blind trust that holds or acquires an ownership interest.
§ 19. Subdivision d of section 16-501 of the administrative code of the city of New York, as added by local law number 42 for the year 1996, is amended to read as follows:
d. "Principal" shall mean, of a sole proprietorship, the proprietor; of a corporation, every officer and director and every stockholder holding ten percent or more of the outstanding shares of the corporation; of a partnership, all the partners; if another type of business entity, the chief operating officer or chief executive officer, irrespective of organizational title, and all persons or entities having an ownership interest of ten percent or more; and with respect to all business entities, all other persons participating directly or indirectly in the control of such business entity. Where a partner or stockholder holding ten percent or more of the outstanding shares of a corporation is itself a partnership, or a corporation, a "principal" shall also include the partners of such partnership or the officers, directors and stockholders holding ten percent or more of the outstanding shares of such corporation, as is appropriate. For the purposes of this chapter (1) an individual shall be considered to hold stock in a corporation where such stock is owned directly or indirectly by or for (I) such individual; (ii) the spouse or domestic partner of such individual (other than a spouse who is legally separated from such individual pursuant to a judicial decree or an agreement cognizable under the laws of the state in which such individual is domiciled); (iii) the children, grandchildren and parents of such individual; and (iv) a corporation in which any of such individual, the spouse, domestic partner, children, grandchildren or parents of such individual in the aggregate own fifty percent or more in value of the stock of such corporation; (2) a partnership shall be considered to hold stock in a corporation where such stock is owned, directly or indirectly, by or for a partner in such partnership; and (3) a corporation shall be considered to hold stock in a corporation that is an applicant as defined in this section where such corporation holds fifty percent or more in value of the stock of a third corporation that holds stock in the applicant corporation.
§ 20. Subchapter 2 of Chapter 3 of Title 17 of the administrative code of the city of New York is amended by adding a new section 17-308.1 to read as follows:
§ 17-308.1 Domestic Partners. For purposes of this subchapter, the rights and benefits bestowed upon the surviving spouse of an honorably discharged member of the armed forces of the United States pursuant to article four of the general business law shall also be bestowed upon the surviving domestic partner of such veteran.
§ 21. Paragraph I of subdivision d of section 17-314.1 of the administrative code of the city of New York is amended to read as follows:
1. the commissioner may, in his or her discretion, transfer a permit to a dependent husband, wife, domestic partner or child of an incapacitated or deceased person to whom the permit was issued under this subchapter;
§ 22. Subchapter 27 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-455.1 to read as follows:
§ 20-455.1 Domestic Partners. For purposes of this subchapter, the rights and benefits bestowed upon the surviving spouse of an honorably discharged member of the armed forces of the United States pursuant to article four of the general business law shall also be bestowed upon the surviving domestic partner of any such veteran.
§ 23. Subparagraph (a) of paragraph 3 of subdivision a of section 20-708.1 of the administrative code of the city of New York, as added by local law number 84 for the year 1991, is amended to read as follows:
(a) Has as its only full-time employee the owner thereof, or the parent, spouse, domestic partner or child of the owner, and in addition thereto not more than two full-time employees; or
§ 24. Subdivision I of section 20-950 of the administrative code of the city of New York, as added by local law number 57 for the year 1997, is amended to read as follows:
I. "Principal" shall mean, of a sole proprietorship, the proprietor; of a corporation, every officer and director and every stockholder holding ten percent or more of the outstanding shares of the corporation; of a partnership, all the partners; if another type of business entity, the chief operating officer or chief executive officer, irrespective of organizational title, and all persons or entities having an ownership interest of ten percent or more. Where a partner or stockholder holding ten percent or more of the outstanding shares of a corporation is itself a partnership or a corporation, the term "principal" shall also include the partners of such partnership or the officers, directors and stockholders holding the equivalent of ten percent or more ownership interest of the applicant business. For the purposes of this chapter: (1) an individual shall be considered to hold stock in a corporation where such individual participates in the operation of or has a beneficial interest in such corporation and such stock is owned directly or indirectly by or for (i) such individual, (ii) the spouse or domestic partner of such individual (other than a spouse who is legally separated from such individual pursuant to a judicial decree or an agreement cognizable under the laws of the state in which such individual is domiciled), (iii) the children, grandchildren and parents of such individual or (iv) a corporation in which any of such individual, the spouse, domestic partner, children, grandchildren or parents of such individual in the aggregate own fifty percent or more in value of the stock of such corporation; (2) a partnership shall be considered to hold stock in a corporation where such stock is owned, directly or indirectly, by or for a partner in such partnership;
and (3) a corporation shall be considered to hold stock in a corporation that is an applicant as defined in this section where such corporation holds fifty percent or more in value of the stock of a third corporation that holds stock in the applicant corporation. Notwithstanding any other provision of this subdivision, where there is reasonable cause to believe that any owner, officer or director of a business entity with an interest in an applicant business not otherwise within the scope of this subdivision lacks good character, honesty and integrity, the commission may designate such person as a principal for the purposes of sections 20-954, 20-955, 20-956 and 20-959 of this chapter.
§ 25. Subdivision I of section 22-202 of the administrative code of the city of New York, as added by local law number 50 for the year 1995, is amended to read as follows:
I. "Principal" shall mean, of a sole proprietorship, the proprietor; of a corporation, every officer, director and stockholder holding ten percent or more of the outstanding shares of the corporation; of a partnership, all the partners; if another type of business entity, the chief operating officer or chief executive officer, irrespective of organizational title, and all persons or entities having an ownership interest of ten percent or more; and with respect to all business entities, all other persons participating directly or indirectly in the control of such business entity. Where a partner or stockholder holding ten percent or more of the outstanding shares of a corporation is itself a partnership or a corporation, a "principal" shall also include the partners of such partnership or the officers, directors and stockholders holding ten percent or more of the outstanding shares of such corporation, as is appropriate. For the purposes of this chapter (1) an individual shall be considered to hold stock in a corporation where such stock is owned directly or indirectly by or for (i) such individual; (ii) the spouse or domestic partner of such individual (other than a spouse who is legally separated from such individual pursuant to a judicial decree or an agreement cognizable under the laws of the state in which such individual is domiciled); (iii) the children, grandchildren and parents of such individual; (iv) a partnership in which such individual is a partner in proportion to the partnership interest of such individual; and (v) a corporation in which any of such individual, spouse, domestic partner, children, grandchildren [and] or parents of such individual in the aggregate own fifty percent or more in value of the stock of such corporation; (2) a partnership shall be considered to hold stock in a corporation where such stock is owned, directly or indirectly, by or for a partner in such partnership; and (3) a corporation shall be considered to hold stock in a corporation that is an applicant as defined in this section where such corporation holds fifty percent or more in value of the stock of a third corporation that holds stock in the applicant corporation.
§ 26. The definition in the one hundred twenty-sixth paragraph of section 27-232 of the administrative code of the city of New York is amended to read as follows:
A single individual; or two or more individuals related by blood or marriage or who are parties to a domestic partnership, and living together and maintaining a common household, with not more than four boarders, roomers or lodgers; or a group of not more than four individuals, not necessarily related by blood [or], marriage or because they are parties to a domestic partnership, and maintaining a common household.
§ 27. Subparagraph (ii) of paragraph 4 of subdivision a of section 27-2004 of the administrative code of the city of New York is amended to read as follows:
(ii) two or more persons related by blood or marriage or who are parties to a domestic partnership, occupying a dwelling unit and maintaining a common household with not more than two boarders, roomers or lodgers;
§ 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 invalid 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.
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Note: Matter in italics is new; matter in brackets [ ] to be omitted.