Bill Text: NY A01180 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to provide for a referendum of the people of the borough of Queens on the question "Shall a charter commission to provide for the separation of the borough of Queens from the city of New York and for the establishment of the city
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-06-23 - enacting clause stricken [A01180 Detail]
Download: New_York-2009-A01180-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1180
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Judiciary
AN ACT to provide for a referendum of the people of the borough of
Queens on the question "Shall a charter commission to provide for the
separation of the borough of Queens from the city of New York and for
the establishment of the city of Queens be created?"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. There shall be submitted by the board of elections of the
2 city of New York to the voters of the borough of Queens at the general
3 election next occurring after the effective date of this act the follow-
4 ing question: "Shall a charter commission to provide for the separation
5 of the borough of Queens from the city of New York and for the estab-
6 lishment of the city of Queens be created?"
7 S 2. Such question shall be submitted in the manner provided in the
8 election law, and the provisions of such law, not inconsistent with this
9 act, relating to the submission of and to the taking, counting and
10 returning the vote and canvassing the results upon a question submitted
11 pursuant to law to the voters of the state shall apply to the question
12 herein required to be submitted. The ballots shall be in such form as
13 prescribed by such law. When the city of New York board of elections
14 shall have completed its canvass of the results of the vote upon such
15 question, it shall forthwith certify the results of the vote upon such
16 question to the secretary of the senate and the clerk of the assembly.
17 S 3. The following expenses, to be paid or incurred by the city of New
18 York in carrying out the provisions of this act are hereby made a charge
19 against the state, for which it shall be reimbursed by the state:
20 expense of providing ballots and sample ballots, containing such ques-
21 tion, including such ballots for voting machines, and of providing
22 copies of such question for distribution by boards of elections and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01901-01-9
A. 1180 2
1 election officers and blanks for tallying and making returns of votes
2 cast and returns of the county canvass; extra expense, if there be any,
3 of including in the published notice of election under the election law
4 the reference to the question submitted; the expense of providing any
5 and all blanks, stationery, postage, articles and supplies which would
6 not have been required if such question had not been submitted and
7 expenses and allowances provided to members of the charter commission
8 for the city of Queens pursuant to section four of this act. The amount
9 of such expenses shall be paid from the state treasury to the city of
10 New York from moneys available therefor by appropriation, after audit by
11 the comptroller of vouchers therefor, and upon his or her warrant. If
12 the city of New York board of elections shall have necessarily paid or
13 incurred any expense under the election law in providing ballot boxes,
14 voting machines or supplies which would not have been required for such
15 election had such question not been submitted, the proper authorities
16 shall file a sworn detailed statement thereof with the state comptroller
17 with its own statement of expenses, and the amount thereof, after audit
18 by the comptroller, shall be included in the amount paid from the state
19 treasury to such board, which shall pay the same over to the city of New
20 York.
21 S 4. In the event the greatest number of votes cast in said election
22 are in the affirmative, a charter commission for the city of Queens
23 shall be created for the purpose of drafting a charter for such city
24 which charter shall be submitted to such voters of such borough for
25 approval.
26 (a) Such commission shall consist of members of the state legislature
27 representing any part of Queens county and additional members to be
28 appointed as follows: one each by the governor, the temporary president
29 of the senate and the speaker of the assembly. Further, each member of
30 the state legislature representing any part of Queens county shall
31 appoint one member. All appointed members of the commission shall be
32 residents of the borough of Queens. The chair of the commission shall be
33 elected by a majority vote of the members of the commission. Any vacancy
34 in the commission shall be filled in the same manner in which the
35 original appointment was made. A majority of those members appointed and
36 serving shall constitute a quorum for the transaction of any commission
37 business and a majority of those present may approve any measure before
38 it.
39 (b) The study of any subject relevant to the property, affairs or
40 government, structure or organization of the new city of Queens, or of
41 any laws, local law or ordinances, resolutions, charters and codes
42 relating thereto, or of any matter or thing considered by the commission
43 to be pertinent thereto, shall be deemed to be within the scope of the
44 commission's powers hereunder.
45 (c) Within thirty months, but not before twenty-four months following
46 the date of the referendum on creating the commission, the commission
47 shall submit its proposed charter for the city of Queens to the follow-
48 ing: the governor, the temporary president of the senate, the speaker
49 of the assembly and the president of the borough of Queens. The commis-
50 sion shall file its proposed charter with the clerk of the county of
51 Queens and the clerk of the city of New York and shall hold public hear-
52 ings on such charter throughout the borough for at least six months
53 after its submission. At the conclusion of such hearings, the commis-
54 sion may, by resolution, provide for the submission of such charter to
55 the voters of such borough at the next succeeding general election or,
56 if the commission considers it desirable to submit such charter at a
A. 1180 3
1 special election, the commission may recommend such special election to
2 the governor who may, in his or her discretion, make proclamation of a
3 special election, which proclamation shall be at least forty-five days
4 but not more than sixty days prior to the date of such special election.
5 (d) At such election, there shall be submitted to the voters of such
6 borough the question: "Shall the charter for the city of Queens proposed
7 by the charter commission for the city of Queens be adopted?" There
8 shall also be submitted to such voters at such election the following
9 question: "Provided that the greatest number of votes cast in said
10 election by voters of the borough of Queens are cast in the negative,
11 shall such charter commission continue in existence for the purpose of
12 drafting an alternative proposed charter for the city of Queens?"
13 (e) 1. If the charter for the city of Queens submitted by such charter
14 commission receives the affirmative vote of a majority of the votes cast
15 in such election, such charter shall be adopted. Within three months of
16 adoption of the charter by the voters of Queens, the commission shall
17 submit to the governor, the temporary president of the senate and the
18 speaker of the assembly proposed legislation enabling the borough of
19 Queens to disengage and separate from the city of New York. If the char-
20 ter for the city of Queens submitted by such charter commission receives
21 the negative vote of a majority of the votes cast in such election, with
22 the second question receiving the negative vote of a majority of the
23 votes cast in such election, the charter commission shall be dissolved.
24 2. If the charter for the city of Queens submitted by such charter
25 commission receives the negative vote of a majority of the votes cast in
26 such election, with the second question receiving the affirmative vote
27 of a majority of the votes cast in such election, the charter commission
28 shall remain in existence for six months duration for the purpose of
29 drafting an alternative proposed charter for the city of Queens to be
30 submitted for approval and adoption in the manner prescribed by this
31 act. If such alternative charter for the city of Queens receives the
32 affirmative vote of a majority of the votes cast in the election at
33 which it is submitted, such alternative charter shall be adopted. Within
34 three months of adoption of the alternative charter by the voters of
35 Queens, the commission shall submit to the governor, the temporary pres-
36 ident of the senate and the speaker of the assembly proposed legislation
37 enabling the borough of Queens to disengage and separate from the city
38 of New York. If such alternative charter for the city of Queens receives
39 the negative vote of a majority of the votes cast in such election, the
40 charter commission shall be dissolved.
41 3. The charter or alternative charter for the city of Queens shall not
42 become effective unless the legislature enacts legislation enabling the
43 borough of Queens to disengage and separate from the city of New York
44 and, until such time, the borough of Queens shall remain a part of the
45 city of New York. Upon enactment of such enabling legislation, the char-
46 ter for the city of Queens shall take effect as specified therein.
47 (f) The provisions of the election law or any other law relating to
48 general or special elections in the city of New York, so far as the same
49 are applicable and not inconsistent, shall apply to the question submit-
50 ted pursuant to the provisions of this section.
51 (g) Such charter commission shall provide for such publication or
52 other publicity in respect to the provisions of the proposed new charter
53 for the city of Queens as it may deem proper.
54 (h) 1. The chair of the commission shall establish an advisory commit-
55 tee on the creation of a school district or districts for the city of
56 Queens. Such committee shall consist of five members, one of whom shall
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1 be appointed upon the recommendation of the commissioner of education,
2 one of whom shall be appointed upon the recommendation of the president
3 of a collective bargaining unit representing teachers; one of whom shall
4 be appointed upon the recommendation of the head of the New York state
5 parent teachers association; and two of whom shall be appointed by the
6 chair of the commission. Such chair shall appoint an advisory committee
7 on civil service rights and retirement benefits for employees of the
8 county of Queens. Such committee shall also consist of five members, one
9 of whom shall be appointed upon the recommendation of the president of
10 the state civil service commission; one of whom shall be appointed upon
11 the recommendation of the mayor of the city of New York; one of whom
12 shall be appointed upon the recommendation of the head of a public
13 employees organization; and two of whom shall be appointed by the chair
14 of the commission. In addition, such chair shall appoint an advisory
15 committee on tax and finance for the city of Queens. Such committee
16 shall consist of five members, one of whom shall be appointed by the
17 chair of the assembly standing committee on ways and means; one of whom
18 shall be appointed by the chair of the senate standing committee on
19 finance; one of whom shall be appointed by the president of the borough
20 of Queens; and two of whom shall be appointed by the chair of the
21 commission. All appointments by the chair shall be made with the consent
22 of the majority of the members of the commission.
23 2. Such committees shall file their recommendations in a report
24 submitted to the commission on a date fixed by the chair no later than
25 six months prior to the date set for the submission pursuant to subdivi-
26 sion (c) of this section of the proposed charter by the commission and
27 such report shall include proposed legislation to implement such recom-
28 mendations.
29 S 5. A commission composed of state legislators (or their designees)
30 whose districts are composed of more than fifty percent of the legisla-
31 tive district's population in the county of Queens shall be established
32 by the charter commission to apportion any local legislative body estab-
33 lished by the proposed charter.
34 S 6. The charter commission for the city of Queens shall also be
35 subject to the following provisions:
36 (a) No member of the commission may hold any other state or local
37 office, as such terms are defined in section 2 of the public officers
38 law, except that a member of the legislature shall not be disqualified
39 from being a member of such commission pursuant to this subdivision or
40 any other law.
41 (b) All members of the commission shall be allowed their actual and
42 necessary expenses incurred by them in performance of their duties here-
43 under. Members of the commission who do not hold public office shall
44 also receive a per diem allowance of one hundred fifty dollars, not to
45 exceed ten thousand dollars in any one fiscal year, when rendering
46 services as such member.
47 (c) The commission shall employ and may at pleasure remove such
48 employees and consultants as it shall require and fix their compensation
49 within amounts appropriated therefor and may accept any services, facil-
50 ities or funds and use or expend the same for its purposes.
51 (d) The commission shall have power to conduct private hearings, take
52 testimony, subpoena witnesses and require the production of books,
53 papers and records.
54 (e) The commission may request and receive from any state or city of
55 New York department, board, bureau, commission, office, agency or other
56 instrumentality such facilities, assistance, data and personnel as may
A. 1180 5
1 be necessary or desirable for the proper execution of its powers and
2 duties.
3 (f) The terms of office of the members of the commission shall expire
4 upon the adoption of the proposed charter by the voters of the borough
5 of Queens; provided, however, that such terms may continue until the
6 effective date of such charter if revisions and amendments of law, local
7 laws, ordinances, resolutions, charters or codes of the state or city of
8 New York are deemed by the commission to be necessary, then upon the
9 adoption of such new charter such commission shall draft such revisions
10 and amendments of such laws, local laws, ordinances, resolutions, char-
11 ters or administrative codes as may be necessary as a result of the
12 adoption of such new charter, and submit or cause to be submitted for
13 enactment such revisions and amendments to the legislature and the
14 legislative body of New York city, as may be appropriate, to take effect
15 upon the effective date of such new charter. In such case, the terms of
16 office of the members of such commission shall expire upon such
17 submission of such revisions and amendments.
18 S 7. Severability. If any sentence, paragraph, section or part of this
19 act shall be adjudged invalid by a court of competent jurisdiction such
20 judgment shall not impair or invalidate the remainder thereof but shall
21 be confined to that part.
22 S 8. This act shall take effect immediately.
