New York The New York State Thoroughbred Racing Capital Investment Fund.
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§ 253. The New York state thoroughbred racing capital investment fund.
1. A corporation to be known as the "New York state thoroughbred racing
capital investment fund", in this article referred to as "the fund", is
hereby created. Such fund shall be a body corporate and politic,
constituting a public benefit corporation. It shall be administered by a
board of directors consisting of the director of the budget or his duly
designated appointee, the chairman of the state racing and wagering
board or his duly designated appointee, and seven additional members who
shall be appointed by the governor, one upon the nomination of the
temporary president of the senate, one upon the nomination of the
speaker of the assembly, one upon the nomination of the minority leader
of the senate, and one upon the nomination of the minority leader of the
assembly. These seven additional members shall each serve for two year
terms beginning on January tenth of each odd numbered year. Each of the
seven additional members initially appointed to the board shall be
appointed within thirty days after the effective date of this article
and shall serve for a term ending January ninth, nineteen hundred
eighty-five or until his successor has been appointed and qualified. All
members shall continue in office until their successors have been
appointed and qualified. The governor shall designate a chairman from
among the sitting members, who shall serve as such at the pleasure of
the governor.
2. The members shall serve without compensation for their services as
members, but shall be entitled to reimbursement for actual and necessary
expenses incurred in the performance of their official duties.
3. Such members, except as otherwise provided by law, may engage in
private employment, or in a profession or business. The fund, its
members, officers and employees shall be subject to the provisions of
sections seventy-three and seventy-four of the public officers law.
4. 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 his acceptance of membership on the
fund created by this section.
5. The fund and its corporate existence shall continue until
terminated by law. However, should the fund have notes or other
obligations outstanding, the fund may be terminated only if adequate
provision has been made for the payment of such obligations and the
rights of the holders of such obligations are fully protected. Upon
termination of the fund, all its rights and properties shall pass to and
be vested in the state.
6. The affirmative vote of five of the members shall be necessary for
the transaction of any business or the exercise of any power or function
of the fund. The fund may delegate to one or more of its members, or its
officers, agents or employees, such powers and duties as it may deem
proper.
7. The governor may remove any director for neglect of duty,
misconduct or other good cause after giving him a copy of the charges
against him and an opportunity to be heard in person and defended, in
person or by counsel, upon not less than ten days' notice. If any
director shall be so removed, the governor shall file in the office of
the department of state a complete statement of charges against such
director, and the governor's findings thereon, together with a complete
record of the proceedings.