N.Y. Arts and Cultural Affairs Law § 4.05: Empire state plaza art commission; creation

§ 4.05. Empire state plaza art commission; creation. 1. The empire

state plaza art commission is hereby created in the executive

department.

2. The main office of the commission shall be located in the empire

state plaza in space designated therein by the commissioner of general

services.

3. The commission shall consist of twenty-five members. Twenty-one of

such members shall be appointed by the governor by and with the advice

and consent of the senate, four of whom shall be so appointed on

recommendation of the temporary president of the senate, four on

recommendation of the speaker of the assembly, two on recommendation of

the minority leader of the senate and two on recommendation of the

minority leader of the assembly. The commissioner of education, the

commissioner of general services, the commissioner of parks, recreation

and historic preservation and the chairman of the state council on the

arts shall serve as ex officio members and shall have the same rights as

other members.

4. The governor shall designate one of the members to serve as

chairman of the commission, by and with the advice and consent of the

senate.

5. The term of each member appointed by the governor shall be for

three years provided, however, that of the members first appointed (a)

the persons appointed on recommendation of the temporary president of

the senate and the speaker of the assembly shall be appointed for terms

ending December thirty-first, nineteen hundred eighty-six, provided,

however, that the persons first so appointed on or after December

thirty-first, nineteen hundred eighty-six shall be appointed for terms

ending December thirty-first, nineteen hundred eighty-nine; (b) the

persons appointed on recommendation of the minority leader of the senate

and the minority leader of the assembly shall be appointed for terms

ending December thirty-first, nineteen hundred eighty-five, provided,

however, that the persons first so appointed on or after December

thirty-first, nineteen hundred eighty-six shall be appointed for terms

ending December thirty-first, nineteen hundred eighty-eight; and (c) the

other nine persons appointed by the governor shall be appointed for

terms ending December thirty-first, nineteen hundred eighty-four,

provided, however, that the persons so appointed on or after December

thirty-first, nineteen hundred eighty-six shall be appointed for terms

ending December thirty-first, nineteen hundred eighty-seven. Vacancies

shall be filled for the unexpired terms in the same manner as the

original appointment. The ex officio members shall serve only during

their tenures as commissioner or chairman.

6. Members shall receive no compensation for their services but shall

be allowed their reasonable expenses actually and necessarily incurred

in the performance of their duties. No member shall be disqualified from

holding any other public office or employment by reason of such person's

appointment or service as a member notwithstanding the provisions of any

other law to the contrary.

7. The commission shall conduct at least four regular meetings a year

at such times and places as may be fixed by it.

8. Thirteen members shall constitute a quorum for the transaction of

business and, unless a greater number is required by the by-laws, the

commission shall exercise its powers and duties by a vote of the

majority of the total members of the commission then serving.

9. The commission shall adopt by-laws governing the calling and

conduct of its meetings and all other matters relating to its

organization and internal operations.