§ 10.05. Institute for the Hudson River Collection; creation; board of directors; governance. 1. The Institute for the Hudson River Collection is hereby established under the jurisdiction of the New York state museum of the state education department.

Terms Used In N.Y. Arts and Cultural Affairs Law 10.05

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Institute: means the Institute for the Hudson River Collection created by this article. See N.Y. Arts and Cultural Affairs Law 10.03
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minority leader: See Floor Leaders
  • Quorum: The number of legislators that must be present to do business.

2. The institute shall consist of fifteen members. Nine of such members shall be appointed by the governor by and with the advice and consent of the senate, two of whom shall be the commissioner of parks, recreation and historic preservation, and the chairman of the New York state council on the arts or his or her representative, two of whom shall be so appointed on recommendation of the temporary president of the senate, two on recommendation of the speaker of the assembly, one on recommendation of the minority leader of the senate and one on recommendation of the minority leader of the assembly. Each member so appointed shall be representative of those educational and cultural institutions of the state that hold significant collections or conduct continuing research and education programs on the cultural and natural history of the Hudson river area. The commissioner of education shall be a member and shall serve as chairman of the institute. Five of such members shall be appointed by the board of regents in consultation with the commissioner of education.

3. The term of each member appointed by the governor shall be for three years provided, however, that of the members first appointed (a) the members first appointed on recommendation of the temporary president of the senate and the speaker of the assembly shall be for terms ending December thirty-first, nineteen hundred ninety, provided however that persons first so appointed after December thirty-first, nineteen hundred ninety, shall be appointed for terms ending December thirty-first, nineteen hundred ninety-three; and (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-nine, provided however that persons first so appointed after December thirty-first, nineteen hundred eighty-nine, shall be appointed for terms ending December thirty-first, nineteen hundred ninety-two. Vacancies shall be filled for the unexpired terms in the same manner as the original appointment. The commissioners of parks, recreation and historic preservation and education and the chairman of the New York state council on the arts shall serve only during his tenure as such official.

4. 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, within the funds available from appropriations made pursuant to § 92-q of the state finance law. 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.

5. The institute shall conduct at least four regular meetings a year at such times and places as may be fixed by it.

6. Eight members shall constitute a quorum for the transaction of business and, unless a greater number is required by the by-laws, the institute shall exercise its powers and duties by a vote of the majority of the total members of the commission then serving.

7. The institute shall adopt by-laws governing the calling and conduct of its meetings and all other matters relating to its organization and internal operations.