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; 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 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.