NY Transp L § 32 (2021)
2021 New York Laws TRA - Transportation Article 2-C - Niagara Thruway Toll Removal Fund 32 - Niagara Thruway Toll Removal Fund.

§ 32. Niagara  thruway  toll  removal fund. 1. There is hereby created   within the  department  of  transportation  the  "Niagara  thruway  toll   removal  fund".  The  fund  shall  be  a  corporate  governmental agency   constituting a public benefit corporation. It shall be  administered  by   three  trustees, two of whom shall be appointed by the governor with the   advice and consent of the senate and the third shall be the commissioner   of transportation.2. The two trustees of the fund first appointed by the governor  shall   serve  their  terms  ending  December  thirty-first, in nineteen hundred   sixty-eight  and  nineteen  hundred  seventy,  respectively.     Persons   appointed  for  full terms as their successors shall serve for six years   each commencing as of the January first next following the year in which   the term of his predecessor expired. In the event of a vacancy occurring   in the office of a trustee  by  death,  resignation  or  otherwise,  the   governor  shall  appoint  a  successor in the same manner as an original   appointment to serve for the balance of the unexpired term.3. The trustees of the fund  shall  serve  without  salary,  but  each   trustee  shall be entitled to reimbursement for his actual and necessary   expenses incurred in the performance of his official duties.4. The trustees of the fund may engage in private employment, or in  a   profession or business, subject to the limitations contained in sections   seventy-three  and  seventy-four  of  the  public officers law. The fund   shall, for the purposes of such sections, be a "state agency",  and  the   trustees  thereof  shall be "officers" of the agency for the purposes of   said sections.5.  Notwithstanding  any  inconsistent  provisions  of  law,  general,   special  or  local, no officer or employee of the state, or of any civil   division thereof, shall be deemed to have forfeited or shall forfeit his   office or employment by reason of accepting appointment as a trustee  of   the fund.6.  The  governor  may remove any trustee for inefficiency, neglect of   duty or misconduct in office after giving him  a  copy  of  the  charges   against him, and an opportunity to be heard, in person or by counsel, in   his  defense,  upon not less than ten days' notice. If any trustee shall   be removed, the governor shall  file  with  the  secretary  of  state  a   complete statement of charges made against the trustee, and his findings   thereon, together with a complete record of the proceedings.7. The chairman of the fund shall be designated by the governor, shall   preside  over  all  its meetings and shall have such other duties as the   trustees may direct. A vice-chairman who shall preside over all meetings   of the fund in the absence of the chairman and  shall  have  such  other   duties as the trustees may direct may be designated from time to time by   the trustees from among the other trustees.8.  The powers of the fund shall be vested in and exercised by no less   than two of the trustees then in office. The fund may delegate to one or   more of its trustees, or officers, agents and employees, such powers and   duties as it may deem proper,  provided,  however,  that  all  contracts   involving  an  estimated expense of ten thousand dollars or more and all   lease agreements to be entered into pursuant to section  thirty-four  of   this  chapter  shall  be approved prior to execution by no less than two   trustees of the fund.9. Officers and employees of other state agencies may  be  transferred   to the fund and officers and employees of the fund may be transferred to   other  state  agencies without examination and without loss of any civil   service status or rights. No such transfer, however, may be made  except   with  the  approval  of the head of the other state agency involved, the   director of the budget and the chairman of the fund, and  in  compliance   with the rules and regulations of the state civil service commission.