N.Y. Canal Law § 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 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; and

c. 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. 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.