2006 New York Code - Niagara Thruway Toll Removal Fund.



 
    § 32. Niagara  thruway  toll  removal fund. 1. There is hereby created
  within the  department  of  transportation  the  "Niagara  thruway  toll
  removal  fund".  The  fund  shall  be  a  corporate  governmental agency
  constituting a public benefit corporation. It shall be  administered  by
  three  trustees, two of whom shall be appointed by the governor with the
  advice and consent of the senate and the third shall be the commissioner
  of transportation.
    2. The two trustees of the fund first appointed by the governor  shall
  serve  their  terms  ending  December  thirty-first, in nineteen hundred
  sixty-eight  and  nineteen  hundred  seventy,  respectively.     Persons
  appointed  for  full terms as their successors shall serve for six years
  each commencing as of the January first next following the year in which
  the term of his predecessor expired. In the event of a vacancy occurring
  in the office of a trustee  by  death,  resignation  or  otherwise,  the
  governor  shall  appoint  a  successor in the same manner as an original
  appointment to serve for the balance of the unexpired term.
    3. The trustees of the fund  shall  serve  without  salary,  but  each
  trustee  shall be entitled to reimbursement for his actual and necessary
  expenses incurred in the performance of his official duties.
    4. The trustees of the fund may engage in private employment, or in  a
  profession or business, subject to the limitations contained in sections
  seventy-three  and  seventy-four  of  the  public officers law. The fund
  shall, for the purposes of such sections, be a "state agency",  and  the
  trustees  thereof  shall be "officers" of the agency for the purposes of
  said sections.
    5.  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 accepting appointment as a trustee  of
  the fund.
    6.  The  governor  may remove any trustee for inefficiency, neglect of
  duty or misconduct in office after giving him  a  copy  of  the  charges
  against him, and an opportunity to be heard, in person or by counsel, in
  his  defense,  upon not less than ten days' notice. If any trustee shall
  be removed, the governor shall  file  with  the  secretary  of  state  a
  complete statement of charges made against the trustee, and his findings
  thereon, together with a complete record of the proceedings.
    7. The chairman of the fund shall be designated by the governor, shall
  preside  over  all  its meetings and shall have such other duties as the
  trustees may direct. A vice-chairman who shall preside over all meetings
  of the fund in the absence of the chairman and  shall  have  such  other
  duties as the trustees may direct may be designated from time to time by
  the trustees from among the other trustees.
    8.  The powers of the fund shall be vested in and exercised by no less
  than two of the trustees then in office. The fund may delegate to one or
  more of its trustees, or officers, agents and employees, such powers and
  duties as it may deem proper,  provided,  however,  that  all  contracts
  involving  an  estimated expense of ten thousand dollars or more and all
  lease agreements to be entered into pursuant to section  thirty-four  of
  this  chapter  shall  be approved prior to execution by no less than two
  trustees of the fund.
    9. Officers and employees of other state agencies may  be  transferred
  to the fund and officers and employees of the fund may be transferred to
  other  state  agencies without examination and without loss of any civil
  service status or rights. No such transfer, however, may be made  except
  with  the  approval  of the head of the other state agency involved, the
  director of the budget and the chairman of the fund, and  in  compliance
  with the rules and regulations of the state civil service commission.

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