Cultural Education Trust -- Enabling Legislation

ARTICLE 40
                   NEW YORK STATE CULTURAL EDUCATION TRUST
 
  Section 40.01.  Short title.
          40.03.  Definitions.
          40.05.  New York state cultural education trust.
          40.07.  Purpose of trust.
          40.09.  Reports.
          40.11.  Assistance of other agencies.
          40.13.  Members not to profit.

    §  40.01.  Short  title. This title shall be known and may be cited as
  the "New York state cultural education trust act".

    §  40.03.  Definitions. When used or referred to in this title, unless
  otherwise specified,  the  following  terms  shall  have  the  following
  meaning:
    1.  "Trust"  shall  mean  the  trust  created by section 40.05 of this
  title.
    2. "Board" shall mean the board of the trust created by section  40.05
  of this title.
    3.  "Board  of  regents"  shall  mean  the  board  of  regents  of the
  university of the state of New York.

    §  40.05.  New  York  state cultural education trust. 1. A trust to be
  known as the "New York state cultural education trust" is hereby created
  under the  jurisdiction  of  the  state  education  department  and  its
  existence  shall  commence  with  the  appointment of the members of the
  board as provided herein.
    2. The board shall consist of five members as follows: the  chancellor
  of  the  board of regents of the university of the state of New York, or
  his or her designee from the board of regents, who shall  serve  as  the
  chair; one additional member of the board of regents, to be appointed by
  such  chancellor;  one  member  appointed  by  the  governor; one member
  appointed by the majority leader of the senate; and one member appointed
  by the speaker of the assembly. Members of the  board,  other  than  the
  representative  of the board of regents, shall be appointed to the board
  based on their knowledge and background as relevant to the  purposes  of
  the  trust,  or,  due to their experience and knowledge in the fields of
  New York state history,  collection  display  and  management  or  other
  related fields.
    3.  The  member  of  the board of regents appointed to the board shall
  serve at the pleasure of the chancellor of  the  board  of  regents  and
  shall  serve  a  term  equivalent  to his or her term as a member of the
  board of regents. The chancellor may reappoint the same  member  of  the
  board  of  regents  as  his  or her appointee for so long as such regent
  remains a member of the board of regents.
    4. The initial terms of the appointees of the governor, the speaker of
  the assembly and the majority leader of the senate shall  be  staggered,
  with the governor's appointment expiring after one year and the majority
  leader  of  the  senate's and the speaker of the assembly's appointments
  expiring after three years. All subsequent  appointments  shall  be  for
  three years.
    5.  Members  may  be  reappointed  and  may serve two consecutive full
  terms, in addition to the terms of their original appointments, but  not
  more  than  nine consecutive years. Each member shall continue in office
  until such member's successor has been  appointed  and  qualifies.  Such
  continuation  in  office  shall  not be counted in determining whether a


  member has served nine consecutive years. In  the  event  of  a  vacancy
  occurring  in  the  office of any member of the board, other than by the
  expiration of a member's term, such vacancy  shall  be  filled  for  the
  balance  of the unexpired term, if applicable, in the same manner as the
  original appointment.
    6. The members of the board  shall  serve  without  compensation,  but
  shall  be  entitled  to  reimbursement  of  their  actual  and necessary
  expenses incurred in the performance of their official duties.
    7. The powers of the trust shall be  vested  in  and  exercised  by  a
  majority of the members thereof.

    §  40.07.  Purpose  of the trust. The purpose of the trust shall be to
  prepare and recommend plans, in cooperation  with  the  commissioner  of
  education,  to  the director of the budget regarding projects to enhance
  the public display of the collections and exhibits of the state  museum,
  library  and  archives, and for the aquisition of a new storage facility
  for such collections.

    §  40.09. Reports. Not later than ninety days following the end of the
  state fiscal year the trust shall annually submit to the  governor,  the
  majority  leader  of the senate and the speaker of the assembly a report
  on the priorities and finances of the trust.

    §  40.11.  Assistance  of  other agencies. The trust board may request
  from any state agency or political subdivision of the state and the same
  are authorized to provide such assistance and information as will enable
  it to carry out its purpose and powers pursuant to this title.

    §  40.13.  Members not to profit. No member of the trust shall receive
  or may be lawfully entitled to receive any  pecuniary  profit  from  the
  operation of the trust.