A Local Law to amend the administrative code of the city of New York, in relation to the viewing of dates from the doing business database

Int. No. 1361

By Council Members Salamanca, Menchaca, Vacca and Greenfield

A Local Law to amend the administrative code of the city of New York, in relation to the viewing of dates from the doing business database

Be it enacted by the Council as follows:

                     Section 1. Subdivision 20 of section 3-702 of the administrative code of the city of New York is amended to read as follows:

20. The term "doing business database" means a computerized database accessible to the board that contains the names of persons who have business dealings with the city; provided, however, that for purposes of this chapter the doing business database shall not be required to contain the names of any person whose business dealings with the city are solely of a type for which the board has not certified that such database includes the names of those persons engaged  in such type of business dealings with the city. Such database shall be developed, maintained and updated by the office of the mayor in a manner so as to ensure its reasonable accuracy and completeness; provided, however, that in no event shall such database be updated less frequently than once a month. Such computerized database shall contain a function to enable members of the public to determine if a given person is in the database because such person has business dealings with the city and the date a person is considered doing business with the city pursuant to paragraph d of subdivision 18 of this section. A searchable list of persons removed from such computerized database, pursuant to paragraph c of subdivision 18 of this section, within the preceding five years, including the date the persons were considered doing business with the city and the date of removal from such computerized database, shall also be made available on the city’s website. For purposes of this definition, the term "person" shall include an entity that has business dealings with the city, any chief executive officer, chief financial officer and/or chief  operating  officer  of  such  entity or persons serving in an equivalent capacity, any person employed in a senior managerial capacity regarding such entity, or any person with an interest  in  such  entity  which  exceeds  ten  percent  of the entity, provided, however, that "entity" for purposes of this definition shall not include a neighborhood, community or similar association consisting of local residents or homeowners organized on a non-profit basis where such association is the applicant pursuant to subsection (3) of  subdivision (a) of section 197-c of the charter or pursuant  to  section 201 of the charter or is a parent company or an affiliated company of an entity. For purposes of this subdivision, the phrase "senior managerial capacity" shall mean a high level supervisory capacity, either by virtue of title or duties, in which substantial discretion and oversight is exercised over the solicitation, letting or administration of business transactions with the city, including contracts, franchises, concessions, grants, economic development agreements and applications for land use approvals.

§ 2. This local law takes effect 120 days after it becomes law.

BJR

LS 9392

11/03/16  8:30PM