NY Canal L § 138-A (2021)
2021 New York Laws CAL - Canal Article 13-A - Canal Recreationway Commission 138-A - Canal Recreationway Commission.

§   138-a.  Canal  recreationway  commission.    1.  There  is  hereby   established a canal recreationway commission (hereinafter referred to as   the "commission") consisting of the following members:a. the chairman of the authority, the commissioner of  transportation,   the  commissioner  of  the  office  of  parks,  recreation  and historic   preservation and the  commissioner  of  environmental  conservation,  or   their representatives;b. ten individuals involved in canal use, development, preservation or   enhancement   and   local  governments  from  counties  adjacent  to  or   intersected by the canal system appointed by the governor of whom  three   shall  be  appointed at the recommendation of the temporary president of   the senate and three shall be appointed at  the  recommendation  of  the   speaker  of the assembly. In appointing such members, the governor shall   ensure  geographic  representation  from  each  of  the  canal  sections   encompassing  the  canal  system,  including at least one representative   from counties in which the Erie, Champlain,  Cayuga-Seneca,  and  Oswego   canals are located. In addition, individuals appointed to the commission   shall  be  broadly  representative  of  the following areas of interest:   preservation of the environment, the operation  of  tour  boats  on  the   canal,  the operation of marinas on the canal, recreational trail users,   hunting and fishing, tourism promotion agencies as  defined  in  section   one   hundred  sixty-two  of  the  economic  development  law,  historic   preservation,  the  commercial  farming  industry  and  the   commercial   shipping  industry,  provided  that  with  respect  to appointment of an   individual  representative  of  the  commercial  farming   industry   or   commercial shipping industry, such an individual may reside outside of a   county  adjacent  to  or  intersected by the canal system if such person   holds  an  ownership  interest  or  senior  managerial  position  in   a   commercial farming firm or commercial shipping firm, respectively, which   regularly uses the canal system in furtherance of its business; andc.  the  commissioner  of  economic  development  and the secretary of   state, or their representatives, and a member from each of the  regional   planning  boards,  as established by articles five-G and twelve-B of the   general municipal law, whose region is intersected by the canal shall be   ex-officio, non-voting members  of  the  commission  and  shall  provide   technical expertise and advice to the commission as necessary.2.  The  chairperson  of  the  commission shall be the chairman of the   authority. The members of the commission may elect a secretary and other   necessary officers to serve for such  a  period  as  the  members  shall   decide.3.  Members of the commission, except commissioners of a state agency,   chairs  of   public   authorities,   the   secretary   of   state,   and   representatives  of  regional  planning boards shall serve for a term of   four years and may be reappointed; however, of those  members  appointed   initially,  three  such  members,  one  appointed  by  the governor, one   appointed by the temporary president of the senate and one appointed  by   the  speaker  of the assembly shall be appointed for terms of two years,   and three such members, one appointed by the governor, one appointed  by   the  temporary  president of the senate and one appointed by the speaker   of the assembly shall be appointed for terms of three years.4. Any member, except a member who is a state official,  after  notice   and  an  opportunity  to  be  heard,  may be removed by the governor for   neglect of duty or misfeasance in office. Any member,  except  a  member   who  is a state official, who fails to attend three consecutive meetings   of the commission, unless excused by  formal  vote  of  the  commission,   shall be deemed to have vacated his or her position.5.  Any  vacancy  in  the commission shall be filled for the unexpired   term in the same manner as the original appointment. 6. A majority of the voting members of the commission then in  office,   at  least  five  of  whom  are  not appointed pursuant to paragraph a of   subdivision one of this section,  shall  constitute  a  quorum  for  the   transaction  of any business or the exercise of any power or function of   the commission. An act, determination or decision of the majority of the   members  present  and  entitled  to vote during the presence of a quorum   shall  be  held  to  be  the  act,  determination  or  decision  of  the   commission.7.  The  commission  shall  meet at least quarterly at the call of its   chairperson. Special meetings may be called by its chairperson and shall   be called by the chairperson at the request of a majority of the members   of the commission then in office.8. Members of the commission shall not receive compensation for  their   services  as  members,  but  shall be allowed their actual and necessary   expenses incurred in the performance of their duties.