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:
Section 1. There shall be submitted by the board of elections of the
city of New York to the voters of the borough of Queens at the general
election next occurring after the effective date of this act the follow-
ing question: "Shall a charter commission to provide for the separation
of the borough of Queens from the city of New York and for the estab-
lishment of the city of Queens be created?"
S 2. Such question shall be submitted in the manner provided in the
election law, and the provisions of such law, not inconsistent with this
act, relating to the submission of and to the taking, counting and
returning the vote and canvassing the results upon a question submitted
pursuant to law to the voters of the state shall apply to the question
herein required to be submitted. The ballots shall be in such form as
prescribed by such law. When the city of New York board of elections
shall have completed its canvass of the results of the vote upon such
question, it shall forthwith certify the results of the vote upon such
question to the secretary of the senate and the clerk of the assembly.
S 3. The following expenses, to be paid or incurred by the city of New
York in carrying out the provisions of this act are hereby made a charge
against the state, for which it shall be reimbursed by the state:
expense of providing ballots and sample ballots, containing such ques-
tion, including such ballots for voting machines, and of providing
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
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election officers and blanks for tallying and making returns of votes
cast and returns of the county canvass; extra expense, if there be any,
of including in the published notice of election under the election law
the reference to the question submitted; the expense of providing any
and all blanks, stationery, postage, articles and supplies which would
not have been required if such question had not been submitted and
expenses and allowances provided to members of the charter commission
for the city of Queens pursuant to section four of this act. The amount
of such expenses shall be paid from the state treasury to the city of
New York from moneys available therefor by appropriation, after audit by
the comptroller of vouchers therefor, and upon his or her warrant. If
the city of New York board of elections shall have necessarily paid or
incurred any expense under the election law in providing ballot boxes,
voting machines or supplies which would not have been required for such
election had such question not been submitted, the proper authorities
shall file a sworn detailed statement thereof with the state comptroller
with its own statement of expenses, and the amount thereof, after audit
by the comptroller, shall be included in the amount paid from the state
treasury to such board, which shall pay the same over to the city of New
York.
S 4. In the event the greatest number of votes cast in said election
are in the affirmative, a charter commission for the city of Queens
shall be created for the purpose of drafting a charter for such city
which charter shall be submitted to such voters of such borough for
approval.
(a) Such commission shall consist of members of the state legislature
representing any part of Queens county and additional members to be
appointed as follows: one each by the governor, the temporary president
of the senate and the speaker of the assembly. Further, each member of
the state legislature representing any part of Queens county shall
appoint one member. All appointed members of the commission shall be
residents of the borough of Queens. The chair of the commission shall be
elected by a majority vote of the members of the commission. Any vacancy
in the commission shall be filled in the same manner in which the
original appointment was made. A majority of those members appointed and
serving shall constitute a quorum for the transaction of any commission
business and a majority of those present may approve any measure before
it.
(b) The study of any subject relevant to the property, affairs or
government, structure or organization of the new city of Queens, or of
any laws, local law or ordinances, resolutions, charters and codes
relating thereto, or of any matter or thing considered by the commission
to be pertinent thereto, shall be deemed to be within the scope of the
commission's powers hereunder.
(c) Within thirty months, but not before twenty-four months following
the date of the referendum on creating the commission, the commission
shall submit its proposed charter for the city of Queens to the follow-
ing: the governor, the temporary president of the senate, the speaker
of the assembly and the president of the borough of Queens. The commis-
sion shall file its proposed charter with the clerk of the county of
Queens and the clerk of the city of New York and shall hold public hear-
ings on such charter throughout the borough for at least six months
after its submission. At the conclusion of such hearings, the commis-
sion may, by resolution, provide for the submission of such charter to
the voters of such borough at the next succeeding general election or,
if the commission considers it desirable to submit such charter at a
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special election, the commission may recommend such special election to
the governor who may, in his or her discretion, make proclamation of a
special election, which proclamation shall be at least forty-five days
but not more than sixty days prior to the date of such special election.
(d) At such election, there shall be submitted to the voters of such
borough the question: "Shall the charter for the city of Queens proposed
by the charter commission for the city of Queens be adopted?" There
shall also be submitted to such voters at such election the following
question: "Provided that the greatest number of votes cast in said
election by voters of the borough of Queens are cast in the negative,
shall such charter commission continue in existence for the purpose of
drafting an alternative proposed charter for the city of Queens?"
(e) 1. If the charter for the city of Queens submitted by such charter
commission receives the affirmative vote of a majority of the votes cast
in such election, such charter shall be adopted. Within three months of
adoption of the charter by the voters of Queens, the commission shall
submit to the governor, the temporary president of the senate and the
speaker of the assembly proposed legislation enabling the borough of
Queens to disengage and separate from the city of New York. If the char-
ter for the city of Queens submitted by such charter commission receives
the negative vote of a majority of the votes cast in such election, with
the second question receiving the negative vote of a majority of the
votes cast in such election, the charter commission shall be dissolved.
2. If the charter for the city of Queens submitted by such charter
commission receives the negative vote of a majority of the votes cast in
such election, with the second question receiving the affirmative vote
of a majority of the votes cast in such election, the charter commission
shall remain in existence for six months duration for the purpose of
drafting an alternative proposed charter for the city of Queens to be
submitted for approval and adoption in the manner prescribed by this
act. If such alternative charter for the city of Queens receives the
affirmative vote of a majority of the votes cast in the election at
which it is submitted, such alternative charter shall be adopted. Within
three months of adoption of the alternative charter by the voters of
Queens, the commission shall submit to the governor, the temporary pres-
ident of the senate and the speaker of the assembly proposed legislation
enabling the borough of Queens to disengage and separate from the city
of New York. If such alternative charter for the city of Queens receives
the negative vote of a majority of the votes cast in such election, the
charter commission shall be dissolved.
3. The charter or alternative charter for the city of Queens shall not
become effective unless the legislature enacts legislation enabling the
borough of Queens to disengage and separate from the city of New York
and, until such time, the borough of Queens shall remain a part of the
city of New York. Upon enactment of such enabling legislation, the char-
ter for the city of Queens shall take effect as specified therein.
(f) The provisions of the election law or any other law relating to
general or special elections in the city of New York, so far as the same
are applicable and not inconsistent, shall apply to the question submit-
ted pursuant to the provisions of this section.
(g) Such charter commission shall provide for such publication or
other publicity in respect to the provisions of the proposed new charter
for the city of Queens as it may deem proper.
(h) 1. The chair of the commission shall establish an advisory commit-
tee on the creation of a school district or districts for the city of
Queens. Such committee shall consist of five members, one of whom shall
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be appointed upon the recommendation of the commissioner of education,
one of whom shall be appointed upon the recommendation of the president
of a collective bargaining unit representing teachers; one of whom shall
be appointed upon the recommendation of the head of the New York state
parent teachers association; and two of whom shall be appointed by the
chair of the commission. Such chair shall appoint an advisory committee
on civil service rights and retirement benefits for employees of the
county of Queens. Such committee shall also consist of five members, one
of whom shall be appointed upon the recommendation of the president of
the state civil service commission; one of whom shall be appointed upon
the recommendation of the mayor of the city of New York; one of whom
shall be appointed upon the recommendation of the head of a public
employees organization; and two of whom shall be appointed by the chair
of the commission. In addition, such chair shall appoint an advisory
committee on tax and finance for the city of Queens. Such committee
shall consist of five members, one of whom shall be appointed by the
chair of the assembly standing committee on ways and means; one of whom
shall be appointed by the chair of the senate standing committee on
finance; one of whom shall be appointed by the president of the borough
of Queens; and two of whom shall be appointed by the chair of the
commission. All appointments by the chair shall be made with the consent
of the majority of the members of the commission.
2. Such committees shall file their recommendations in a report
submitted to the commission on a date fixed by the chair no later than
six months prior to the date set for the submission pursuant to subdivi-
sion (c) of this section of the proposed charter by the commission and
such report shall include proposed legislation to implement such recom-
mendations.
S 5. A commission composed of state legislators (or their designees)
whose districts are composed of more than fifty percent of the legisla-
tive district's population in the county of Queens shall be established
by the charter commission to apportion any local legislative body estab-
lished by the proposed charter.
S 6. The charter commission for the city of Queens shall also be
subject to the following provisions:
(a) No member of the commission may hold any other state or local
office, as such terms are defined in section 2 of the public officers
law, except that a member of the legislature shall not be disqualified
from being a member of such commission pursuant to this subdivision or
any other law.
(b) All members of the commission shall be allowed their actual and
necessary expenses incurred by them in performance of their duties here-
under. Members of the commission who do not hold public office shall
also receive a per diem allowance of one hundred fifty dollars, not to
exceed ten thousand dollars in any one fiscal year, when rendering
services as such member.
(c) The commission shall employ and may at pleasure remove such
employees and consultants as it shall require and fix their compensation
within amounts appropriated therefor and may accept any services, facil-
ities or funds and use or expend the same for its purposes.
(d) The commission shall have power to conduct private hearings, take
testimony, subpoena witnesses and require the production of books,
papers and records.
(e) The commission may request and receive from any state or city of
New York department, board, bureau, commission, office, agency or other
instrumentality such facilities, assistance, data and personnel as may
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be necessary or desirable for the proper execution of its powers and
duties.
(f) The terms of office of the members of the commission shall expire
upon the adoption of the proposed charter by the voters of the borough
of Queens; provided, however, that such terms may continue until the
effective date of such charter if revisions and amendments of law, local
laws, ordinances, resolutions, charters or codes of the state or city of
New York are deemed by the commission to be necessary, then upon the
adoption of such new charter such commission shall draft such revisions
and amendments of such laws, local laws, ordinances, resolutions, char-
ters or administrative codes as may be necessary as a result of the
adoption of such new charter, and submit or cause to be submitted for
enactment such revisions and amendments to the legislature and the
legislative body of New York city, as may be appropriate, to take effect
upon the effective date of such new charter. In such case, the terms of
office of the members of such commission shall expire upon such
submission of such revisions and amendments.
S 7. Severability. If any sentence, paragraph, section or part of this
act shall be adjudged invalid by a court of competent jurisdiction such
judgment shall not impair or invalidate the remainder thereof but shall
be confined to that part.
S 8. This act shall take effect immediately.