N.Y. CAL Law § 138-A — New York Code / Act CAL / Article 13-A / Section 138-A
Canal recreationway commission
Status: in_force

§ 138-a. Canal recreationway commission. 1. There is hereby\nestablished a canal recreationway commission (hereinafter referred to as\nthe "commission") consisting of the following members:\n  a. the chairman of the authority, the commissioner of transportation,\nthe commissioner of the office of parks, recreation and historic\npreservation and the commissioner of environmental conservation, or\ntheir representatives;\n  b. ten individuals involved in canal use, development, preservation or\nenhancement and local governments from counties adjacent to or\nintersected by the canal system appointed by the governor of whom three\nshall be appointed at the recommendation of the temporary president of\nthe senate and three shall be appointed at the recommendation of the\nspeaker the assembly. In appointing such members, the governor shall\nensure geographic representation from each of the canal sections\nencompassing the canal system, including at least one representative\nfrom counties in which the Erie, Champlain, Cayuga-Seneca, and Oswego\ncanals are located.  In addition, individuals appointed to the\ncommission shall be broadly representative of the following areas of\ninterest: preservation of the environment, the operation of tour boats\non the canal, the operation of marinas on the canal, recreational trail\nusers, hunting and fishing, tourism promotion agencies as defined in\nsection one hundred sixty-two of the economic development law, historic\npreservation, the commercial farming industry and the commercial\nshipping industry, provided that with respect to appointment of an\nindividual representative of the commercial farming industry or\ncommercial shipping industry, such an individual may reside outside of a\ncounty adjacent to or intersected by the canal system if such person\nholds an ownership interest or senior managerial position in a\ncommercial farming firm or commercial shipping firm, respectively, which\nregularly uses the canal system in furtherance of its business; and\n  c. the commissioner of economic development and the secretary of\nstate, or their representatives, and a member from each of the regional\nplanning boards, as established by articles five-G and twelve-B of the\ngeneral municipal law, whose region is intersected by the canal shall be\nex-officio, non-voting members of the commission and shall provide\ntechnical expertise and advice to the commission as necessary.\n  2. The chairperson of the commission shall be the chairman of the\nauthority. The members of the commission may elect a secretary and other\nnecessary officers to serve for such a period as the members shall\ndecide.\n  3. Members of the commission, except commissioners of a state agency,\nchairs of public authorities, the secretary of state, and\nrepresentatives of regional planning boards shall serve for a term of\nfour years and may be reappointed; however, of those members appointed\ninitially, three such members, one appointed by the governor, one\nappointed by the temporary president of the senate and one appointed by\nthe speaker of the assembly shall be appointed for terms of two years,\nand three such members, one appointed by the governor, one appointed by\nthe temporary president of the senate and one appointed by the speaker\nof the assembly shall be appointed for terms of three years.\n  4. Any member, except a member who is a state official, after notice\nand an opportunity to be heard, may be removed by the governor for\nneglect of duty or misfeasance in office. Any member, except a member\nwho is a state official, who fails to attend three consecutive meetings\nof the commission, unless excused by formal vote of the commission,\nshall be deemed to have vacated his or her position.\n  5. Any vacancy in the commission shall be filled for the unexpired\nterm in the same manner as the original appointment.\n  6. A majority of the voting members of the commission then in office,\nat least five of whom are not appointed pursuant to paragraph a of\nsubdivision one of this section, shall constitute a quorum for the\ntransaction of any business or the exercise of any power or function of\nthe commission. An act, determination or decision of the majority of the\nmembers present and entitled to vote during the presence of a quorum\nshall be held to be the act, determination or decision of the\ncommission.\n  7. The commission shall meet at least quarterly. Special meetings may\nbe called by its chairperson and shall be called by the chairperson at\nthe request of a majority of the members of the commission then in\noffice.\n  8. Members of the commission shall not receive compensation for their\nservices as members, but shall be allowed their actual and necessary\nexpenses incurred in the performance of their duties.\n