BILL NUMBER: S8578
SPONSOR: LANZA
 
TITLE OF BILL:
An act to incorporate the city of Staten Island; to enact a charter for
the city of Staten Island; to provide a period of transition prior to
the establishment of the city of Staten Island; to amend the education
law, in relation to the establishment of the city school district of the
city of Staten Island; to amend the education law, in relation to the
transfer of the college of Staten Island of the city university of New
York to the state university of New York; to amend the judiciary law, in
relation to providing for the judiciary within the city of Staten
Island; to amend the public housing law, the education law, the public
authorities law and the private housing finance law, in relation to
providing membership on certain authorities for the city of Staten
Island; to amend the executive law, the elder law and the social
services law, in relation to probation and social services within the
city of Staten Island; to amend the county law, in relation to the
treatment of the county of Richmond in similar fashion to counties with-
in a city having a population of one million or more; to amend the
election law, the state finance law and the surrogate's court procedure
act, in relation to making conforming changes relating to the establish-
ment of the city of Staten Island; to amend the general municipal law,
in relation to the city of Staten Island industrial development agency;
to amend the local emergency housing rent control act, the emergency
tenant protection act of nineteen seventy-four, the general business law
and the real property tax law, in relation to the continuation of exist-
ing housing regulations for the city of Staten Island; to amend the tax
law, the state finance law, the public authorities law and the New York
state financial emergency act for the city of New York, in relation to
applicability of the authority of the financial control board; to amend
the general city law, chapter 772 of the laws of 1966 relating to impo-
sition of a city business tax and the tax law, in relation to providing
authority for the city of Staten Island to continue presently applicable
taxes within such city; to enact the administrative code of the city of
Staten Island, in relation to procedures and administration of essential
city services and the authority of such city to impose taxes; and making
appropriations to advance moneys for the establishment of the city of
Staten Island and the city school district of the city of Staten Island
 
PURPOSE:
Incorporates the city of Staten Island.
 
SUMMARY OF PROVISIONS: This legislation incorporates the city of
Staten Island and enacts a charter for such city. The legislation makes
conforming changes in the law to reflect the creation of the city of
Staten Island and the resulting effects on the city of Staten Island.
1. Sections 1-1001 through 1-004 provide for the history of the move
toward incorporation and the subsequent incorporation of the city of
Staten Island;
2. Section 2-001 enacts the city charter for the city of Staten Island;
3. Sections 3-001 through 3-010 provide the mechanism to represent the
interests of the city of Staten Island and to provide for its transition
to a city form of government. The election of city officials is provided
for as well as the transfer and appointment of civil service employees.
Vacancy, residency and retirement issues involved in the transfer are
also covered. The legislation provides a procedure for the allocation of
the proportion of debt between the city of Staten Island and the city of
New York. Included also are provisions for the continuance of municipal
services and powers of the city of Staten Island during the period of
transition;
4. Sections 4-001 through 4-020 provide for the creation of the city
school district of the city of Staten Island. These sections also make
conforming amendments to the education law reflecting the creation of
such city school district. Transition period provisions relating to
functions of the city school district are also provided for;
5. Sections 5-001 through 5-003 provide for the transfer of the college
of Staten Island of the city university of New York to the State Univer-
sity of New York. The transfer of employee rights, contract rights and
provisions affecting real property rights are provided for as well.
Conforming amendments to the education law are made;
6. Sections 6-001 provide for the continuance of the court system for
the city of Staten Island. These sections provide, as nearly as possi-
ble, for the maintenance of a court system that reflects the present
city-wide court system in New York city. The transfer and protection of
employee rights are also provided for in the legislation.
7. Sections 7-001 through 7-011 make conforming amendments to consol-
idated law for membership on certain authorities or the city of Staten
Island;
8. Sections 8-001 through 8-023 make conforming technical amendments to
various laws reflecting a city form of government for Staten Island
relating to probation and social services within the city of Staten
Island;
9. Sections 9-001 through 9-017 amend the county law to provide for the
treatment of Richmond county to be similar to that afforded to counties
within cities with a population of one million or more. Sections 9-050
through 9-053 make conforming changes in law that reflet the establish-
ment of the city of Staten Island;
10. Sections 10-001 through 10-008 provide of the continuance and main-
tenance of existing housing regulations for the city of Staten Island. A
rent guidelines board is established for such city. Existing housing
tax exemptions are maintained for the city of Staten Island;
11. Sections 11-001 provides for the continuance of a city real property
tax limit of two and one-half percent for the city of Staten Island due
to the maintenance of a city form of government rather than a change to
a county form of government;
12. Sections 12-001 through 12-020 and provisions of law concerning the
municipal assistance corporation for the city of New York to reflect its
application to the city of Staten Island as well;
13. Sections 13-001 through 13-007 amend provisions of the general city
law and the law providing enabling legislation for the city to impose
taxes and tax credits therefore;
14. Section 14-001 provides enactment of provisions similar to the New
York city administrative code tax provisions for the city of New York
for the city of Staten Island; provides the maintenance and continuance
of current applicable tax provisions;
15. Sections 15-001 and 15-002 provide for an advance of moneys out of
the general fund to the credit of the local assistance account for the
expenses of carrying out provisions for the establishment of the city of
Staten Island and the city school district of the city of Staten Island;
and
16. Section 16-001 provides severability provisions of the legislation.
17. Section 17 is the effective date.
 
JUSTIFICATION:
The people of the State of New York, represented in the Senate and
Assembly enacted Chapter 773 of the Laws of 1989, as amended by Chapter
17 of the Laws of 1990, which authorized the borough of Staten Island to
consider formally separating from its existing municipality. These
previous Chapter laws provided for two separate referendum by the people
of Staten Island. The first vote, which took place in November of 1990,
resulted in over 80% of the voters authorizing the establishment of a
New York State Charter Commission for Staten Island to draft a charter
for the proposed City of Staten Island. The second referendum, which
took place in November 1993, resulted in a 65% approval of the proposed
charter. During the three years between the two votes, in addition to
drafting the proposed Charter, the Charter Commission held 12 public
hearings, conducted in-depth research into the myriad legal and fiscal
issues involved and compiled its findings in numerous reports which were
submitted to the people of Staten Island as well as to the Governor and
legislative leaders.
Governor Mario Cuomo's message approving Chapter 773 of 1989 provided
the following justification:
The Legislature has declared - overwhelmingly on both sides of the aisle
and in both houses - that the people of Staten Island should have the
opportunity to vote on the question whether they should be allowed to
create a new and separate city. It appears to be universally accepted
that they are justified in wanting to consider separation from the City
of New York. They have been a part of the City since 1898. But a recent
decision by the Supreme Cout of the United States dramatically changed
Staten Island's participation in city governance, reducing its equal
vote on the Board of Estimate to a relatively small participation in a
new city legislative body. That changed circumstance, added to a long
list of grievances by the people of the Island over the years, moved the
legislature to adopt this bill.
This proposed legislation was initially submitted to the Governor and
the Legislative Leaders in 1993, as Senate Bill S.6820 to fulfill the
mandate of Chapter 17 of 1990, to "propose legislation enabling the
borough of Staten Island to disengage and separate from the City of New
York".
Since the initial introduction of this legislation the population of
Staten Island has continued to grow from approximately 350,000 in 1993,
to now approximately 475,000. Yet, its local municipal governing struc-
ture, for the least populous borough and county within the City of New
York, continues to deny Staten Island residents of any meaningful
participation in City government.
The 1989 U.S. Supreme Court decision which abolished New York City's
most powerful governing body, the Board of Estimate, effectively reduced
Staten Island's role in New York City government to that of a mere
observer in local municipal affairs. That "changed circumstance", as
acknowledged above in Governor Cuomo's approval message, and which ulti-
mately gave rise to this legislation's initial introduction, has only
been further exacerbated, leading to New York City's unilateral imposi-
tion of many additional "grievances" upon the people of Staten Island,
including the City's unfair congestion pricing program, the placement of
illegal migrants without proper community input, and the arbitrary
COVID-19 restrictions upon local businesses and public school students,
which are totally inconsistent with the character and quality of life of
a county of almost a half a million disenfranchised New York State resi-
dents.
Accordingly, now, more than ever, this legislation is vital to restore
meaningful and effective representative local municipal government for
the people of Staten Island
 
FISCAL IMPLICATIONS:
Will not increase any liability to the State.
 
LEGISLATIVE HISTORY:
1994: S.6820 - Passed Senate / A.9662 - Referred to Cities
1995: S.3781 - Passed Senate / A.6436 - Referred to Cities
1996: S.3781 - Referred to Finance / A.6436 - Referred to Cities
1997: S.3966 - Referred to Finance / A.6949 - Referred to Cities
1998: S.3966 - Referred to Finance / A.6949 - Referred to Cities
2024: S.8474 - Referred to Finance /A.10030 - Referred to Cities
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: (a) the
provisions of sections 7-009, 7-010, 13-001, 15-001 and 15-002 of this
act shall take effect on the first of January next succeeding the date
on which it shall have become a law; (b) the provisions of sections
7-001 through 7-008, 8-001 through 8-024, 9-001 through 9-012, 9-050
through 9-053, 10-001 through 10008, 11-001, 12-001 through 12-020 and
14-001 of this act shall take effect on the first of July in the second
year next succeeding the date on which it shall have become a law; (b-1)
the amendments made to subdivisions 8 and 14 of section 2554 of the
education law by sections 4-007 and 4-008 of this act, respectively,
shall take effect upon the revival of such subdivisions as provided in
section 34 of chapter 91 of the taws of 2002, as amended; (c) provided
that the amendments to paragraphs (a), (b), (c), (d), (e), and (f) of
subdivision 2 of section 209 of the social services law made by section
8-021 of this act shall take effect on the same date and same manner as
section 2 of part Z of chapter 56 of the laws of 2023, takes effect; (d)
the amendments to the second undesignated paragraph of subdivision 4 of
section 246 of the executive taw made by section 8-004 of this act shall
be subject to the expiration and reversion of such paragraph pursuant to
subdivision (aa) of section 427 of chapter 55 of the laws of 1992, as
amended, when upon such date the provisions of section 8-004-a of this
act shalt take effect; and (e) provided that the amendments made to
sections 257-c, 262, 266 and 267 of the executive law made by sections
8-007, 8-008, 8-009 and 8010 of this act shalt not affect the expiration
or repeal of such sections and shall be deemed expired and repealed
therewith.

Statutes affected:
S8578: 2550 education law, 2552 education law, 2553 education law, 2554 education law, 2554(2) education law, 2554(8) education law, 2554(14) education law, 2554(15) education law, 2556 education law, 2556(5) education law, 2566 education law, 2576 education law, 2579 education law, 352 education law, 352(3) education law, 31 public housing law, 402 public housing law, 402(3) public housing law, 455 education law, 1045-c public authorities law, 1045-c(1) public authorities law, 1045-f public authorities law, 1045-f(2) public authorities law, 1045-f(5) public authorities law, 1680-b public authorities law, 1680-b(4) public authorities law, 1727 public authorities law, 23 executive law, 23(1) executive law, 101-b executive law, 101-b(1) executive law, 246 executive law, 246(4) executive law, 255 executive law, 255(1) executive law, 262 executive law, 262(3) executive law, 267 executive law, 140 executive law, 140(9) executive law, 56 social services law, 57 social services law, 61 social services law, 74 social services law, 74(1) social services law, 86-a social services law, 368-e social services law, 368-e(1) social services law, 390 social services law, 390(13) social services law, 214 county law, 214(1) county law, 226-a county law, 361-a county law, 390 county law, 390(2) county law, 391 county law, 901 county law, 902 county law, 902(1) county law, 904 county law, 9-124 election law, 9-124(3) election law, 467-b real property tax law, 1107 tax law, 1210 tax law, 92-d state finance law, 92-d(6) state finance law, 92-e state finance law, 92-e(3) state finance law, 92-e(5) state finance law, 54 state finance law, 54(6) state finance law, 3036 public authorities law, 3036(1) public authorities law, 3036-a public authorities law, 3036-a(1) public authorities law, 3036-b public authorities law, 3036-b(1) public authorities law, 25-a general city law, 25-w general city law, 1301 tax law