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2. The corporation shall consist of a board of directors comprised of a chairperson and [eight] seventeen other members. The chairperson of the board shall be designated by the governor. The board of directors shall consist of the state commissioner of general services; [the state director of the budget; the chairperson of the state council on the arts; two] nine members to be appointed by and serve at the pleasure of the governor; [a member] two members to be appointed and serve at the pleasure of the temporary president of the senate; [a member] two members to be appointed and serve at the pleasure of the speaker of the assembly; a member to be appointed and serve at the pleasure of the minority leader of the assembly; a member to be appointed and serve at the pleasure of the minority leader of the senate; a member to be appointed and serve at the pleasure of the mayor of the city of Albany; and a member to be appointed and serve at the pleasure of the county executive of the county of Albany. The members first appointed by the governor [and], the senate, the assembly, the city and the county shall serve for a period of two years; their successors and all other appointed members shall serve for a four-year term and each member shall continue to serve until the appointment and qualification of his or her successor. Vacancies among members otherwise than by the expiration of term shall be filled by the appointing authority for the unexpired term. The chairperson and other members of the board shall not be entitled to compensation for their services but shall be entitled to reimbursement for their actual and necessary expenses incurred in the performance their official duties. A majority of the chairperson and other appointed members of the board shall constitute a quorum for the transaction the business of the corporation. The board shall elect a secretary, and may elect such other officers as it shall deem necessary, and may delegate by the resolution of the board to the chairperson, one or more of its members or to its officers, agents and employees such powers and duties as it may deem proper.

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3. No member[,] of the board of directors or officer [or employee] of the corporation shall be disqualified from holding any other public office or employment, nor shall he or she forfeit any such office or employment by reason of his or her appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance, city or county_charter.

4.

The corporation shall continue until all its liabilities have been met or otherwise discharged and until its existence shall have been terminated by law. Upon the termination of the existence of the corporation, all of its rights and property shall pass to and be vested in the

state.

5. The corporation shall hold regular [quarterly] meetings at least quarterly and shall hold special meetings on the call of the chairperson or any three members upon giving notice thereof to all members of the corporation at least [twenty-four] forty-eight hours in advance. All meetings shall be held and notices filed in accordance with the [freedom of information act] open meetings law.

6. There shall be an executive director of the center appointed by the corporation [who shall also serve as secretary to the corporation]. 7. [The executive director and all other employees of the center shall be employees of the state of New York and shall be members of the classified service as provided in the general statutes, as amended, less otherwise provided by law.

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8.] The executive director shall be the chief executive officer of the center, and shall, subject to the direction of the corporation, have general supervision over the administration and operation of center projects and facilities and shall appoint and remove all other officers and employees of the center as prescribed by the rules and regulations to be enacted by the corporation. The executive director shall attend all corporation meetings and shall have the right to speak at such meetings, but shall have no vote.

[9.] 8. The executive director may be removed from office by a majority vote of the corporation.

3. Section 4 of chapter 688 of the laws of 1979, relating to creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation, as amended by chapter 733 of the laws of 1989, is amended to read as follows:

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

§ 4. Purpose of the corporation. The corporation shall have sole discretion in and responsibility for the management of the performing arts center facilities in providing space and developing programs for civic, governmental, performing arts and other cultural and public events, and related uses for the benefit of the citizens of New York state and the departments and agencies of state government.

§ 4. Section 5 of chapter 688 of the laws of 1979, relating to creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation, is amended by adding a new subdivision 3-a to read as follows:

3-a. To make and alter bylaws for the regulation of its affairs and the conduct of its business, which bylaws and all amendments thereto, duly certified by the secretary of the corporation, shall be filed in the office of the corporation and with the secretary of state.

§ 5. Subdivision 7 of section 5 of chapter 688 of the laws of 1979, relating to creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation, is amended to read as follows:

7. To make all contracts, including management contracts, necessary and convenient to carry out its purposes, and to execute all instruments necessary and convenient provided, however, that any such management contracts shall be subject to the the approval of of the director of the budget;

§ 6. Section 15 of chapter 688 of the laws of 1979, relating to creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation, is repealed.

§ 7. Subdivision 1 of section 97-s of the state finance law, as added by chapter 688 of the laws of 1979, is amended to read as follows:

1. There is hereby established in the custody of the [state comptroller] commissioner of taxation and finance a special account to be known as the "performing arts center corporation fund".

§ 8. Subdivision 2 of section 97-s of the state finance law, as amended by chapter 62 of the laws of 1989, is amended to read as follows:

2. All moneys of the corporation received in accordance with subdivision four of this section shall be deposited to the credit of such fund, provided that such deposit is consistent with any contract awarded pursuant to chapter six hundred eighty-eight of the laws of nineteen hundred seventy-nine as amended by a chapter of the laws of nineteen hundred ninety-two. Said moneys shall be kept separate and shall not be commingled with any other moneys in the custody of the [comptroller] commissioner of taxation and finance.

§ 9. This act shall take effect immediately.

REPEAL NOTE. -This act repeals section 15 of chapter 688 of the laws of 1979, relating to creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation, which section appropriated initial funding for the performing arts center in 1979.

CHAPTER 437

AN ACT to amend the education law, in relation to student aid programs for Vietnam veterans

The

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

People of the State of New York, represented in Senate and Assem

bly, do enact as follows:

Section 1. Paragraph a of subdivision 1 and paragraph b of subdivision 2 of section 669-a of the education law, as amended by chapter 768 of the laws of 1990, are amended to read as follows:

a

a. "Vietnam veteran" means (i) a person who is a resident of this state on the date when this section shall take effect, or who was resident of this state at the time of entry into the armed forces of the United States and resumes such residency on or before the first day of September, nineteen hundred [ninety-two] ninety-four, and (ii) who

served in the armed forces of the United States in Indochina at any time from the first day of January, nineteen hundred sixty-three, to and including the seventh day of May, nineteen hundred seventy-five, who was discharged therefrom under other than dishonorable conditions.

b. No Vietnam veteran shall be eligible whose application has not been received by the corporation on or before the first day of of September, nineteen hundred [ninety-two] ninety-four.

§ 2. This act shall take effect immediately.

CHAPTER 438

AN ACT to grant eligibility for permanent competitive civil service appointment as public safety officers to all persons currently employed by the county of Westchester who have served in the title of deputy sheriff civil, and the successor titles of senior public safety officer and public safety officer for a period of ten or more consecutive years

Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by `a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Each person who has received a permanent or provisional appointment in the competitive class of the civil service in the county of Westchester as a deputy sheriff civil prior to January 1, 1977, and who has been employed for ten or more consecutive years in said title and the successor titles of senior public safety officer and public safety officer, and who is still employed by the county of Westchester, shall be eligible to hold the title of public safety officer without further examination. Such persons shall have all the rights and privileges of the competitive class. § 2. This act shall take effect immediately.

CHAPTER 439

AN ACT authorizing the town of Wappinger, Dutchess county, to grant certain permanent and temporary easements on lands dedicated for park purposes to the town of Poughkeepsie, Dutchess county, and_the village of Wappingers Falls, Dutchess county, on behalf of the TriMunicipal Sewer Commission, Dutchess county, and the Wappinger Sewer Transmission/Treatment Improvement

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any inconsistent provision of any general, special or local law, to the contrary, the town of Wappinger, Dutchess county acting by and through its town board, is hereby authorized and empowered to grant easements, both temporary and permanent, to the town of Poughkeepsie, Dutchess county and the village of Wappingers Falls, Dutchess county on behalf of the Tri-Municipal Sewer Commission and also EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

for the benefit of the Wappinger Sewer Transmission/Treatment Improvement, upon such terms and conditions as the town board deems proper, fair and reasonable over lands described in sections two, three, four, five and six of this act, which lands were previously dedicated to, and are now used by the town for park purposes. The easements authorized to be granted shall be for the construction and placement of underground sanitary sewer transmission pipes and facilities under the lands described herein, together with necessary access for the purposes of constructing, operating, maintaining, repairing, reconstructing, replacing and inspecting sewer transmission lines and necessary appurtenances through and under that portion of the Town of Wappinger's land known as Reese Park and used for public park purposes. Upon completion of construction, the town of Wappinger and the town of Poughkeepsie and the village of Wappingers Falls on behalf of the Tri-Municipal Sewer Commissioner shall restore the surface of the lands and the lands shall thereafter continue to be used for park purposes.

§ 2. The land referred to in section one of this act which will be subject to a permanent easement for the benefit of the Wappinger Sewer Transmission/Treatment Improvement is described as follows:

Beginning at a point, said point being on the northerly line of lands now or formerly Reese, Liber 1252, Page 540 and said point being distant, South 43° 33′ 10′′ East 1310.68 feet and South 45° 20′ 40′′ East 297.53 feet from the northwest corner of lands now or formerly Town of Wappinger, Liber 412, Page 12, also known as "Reese Park"; thence leaving said point of beginning and northerly line of Reese and running through "Reese Park" the following courses and distances: North 01° 32' 40" West 26.05 feet, North 43° 08′ 00′′ West 181. 10 feet, North 05° 37′ 40′′ East 212. 05 feet, North 12° 10′ 20′′ East 194.59 feet, North 13° 55′ 50" West 150. 25 feet, North 37° 46' 10" West 141.23 feet, North 79° 34' 40′′ East 29.82 feet, South 37° 46′ 10′′ East 141.82 feet, South 13° 55' 50′′ East 155.98 feet, South 12° 10′ 20′′* West 203. 18 feet, South 05° 37′ 40′′ West 192.34 feet, South 43° 08′ 00′′ East 178.90 feet, South 01° 32′ 40" East 68.73 feet to a point being on the northerly line of said Reese; thence running along said northerly line, North 45° 20′ 40′′ West 43.34 feet to the point of beginning containing 0.627± acres of land.

§ 3. The land referred to in section one of this act which will be subject to a permanent utility and access easement for the benefit of the Wappinger Sewer Transmission/Treatment Transmission/Treatment Improvement and granted jointly to the town of Poughkeepsie and the village of Wappingers Falls on behalf of the Tri-Municipal Sewer Commission of Dutchess county is described as follows:

Beginning at a point, said point being at the northwest corner of lands now or formerly Village of Wappingers Falls and the northeast corner of lands of the Town of Wappinger also known as "Reese Park", Liber 412, Page 12, said common corner being on the easterly line of Creek Road; thence leaving said common corner and said easterly road line and running along the southerly line of said Village of Wappingers Falls the following courses and distances: South 62° 38′ 10′′ East 48.57 feet, South 33° 52′ 00′′ East 95.03 feet, South 76° 21′ 20′′ East 90.85 feet, South 51° 46' 20′′ East 98.40 feet, South 23° 52′ 50′′ East 42.15 feet, South 24° 41′ 50′′ East 185.98; thence leaving said southerly line of the Village of Wappingers Falls, and running through said land of the Town of Wappinger (Reese Park) the following courses and distances, South 55° 56 30′′ West 214.97 feet, South 12° 19′ 50′′ East 89.05 feet, South 10° 25′ 20′′ East 177. 14 feet, South 07° 59′ 00′′ East 161. 28 feet, South 13° 10′ 50′′ East 41.55 feet, South 37° 46′ 10′′ East 114.53 feet, South 79° 34' 40" West 29.82 feet, North 37° 46′ 10′′ West 115.05 feet, North 13° 10′ 50′′ West 41.00 feet, North 07° 59′ 00′′ West 162.00 feet, North 10° 25' 20" West 176.00 feet, North 12° 19′ 50′′ West 170.55 feet, North 17° 09′ 10′′ West 102.75 feet, North 23° 15′ 50′′ West 56. 14 feet, North 38° 28' 10" West 184.56 feet and North 47° 30′ 50′′ West 51.37 feet to a point being at the northeast corner of lands now or formerly Lupparelli said point also being on the aforementioned easterly line of Creek Road; thence leaving said northeasterly corner and running along the easterly line of said road North 34° 05′ 20′′ East 131. 38 feet` to the point of beginning containing 2.581± acres of land.

* So in original. ("20'" should be "20′′".)

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4. The land referred to in section one of this act which will be subject to a temporary easement for the benefit of the Wappinger Sewer Transmission/Treatment Improvement is described as follows:

Beginning at a point, said point being on the northerly line of lands now or formerly Reese, Liber 1252, Page 540 and said point being distant, South 43° 33′ 10′′ East 1310.68 feet and South 45° 20′ 40′′ East 283.08 feet from the northwest corner of lands now or formerly Town of Wappinger, Liber 412, Page 12 also known as "Reese Park"; thence leaving said point of beginning and northerly line of Reese and running through "Reese Park" the following courses and distances: North 01° 32" 40" West 11.83 feet, North 43° 08′ 00′′ West 181. 84 feet, North 05° 37′ 40′′ East 229.78 feet, South 31° 31′ 20′′ East 16.56 feet, South 05° 37′ 40′′ West 212.05 feet, South 43° 08′ 00′′ East 181. 10 feet, and South 01° 32' 40′′ East 26.05 feet to a point being on the northerly line of the aforementioned lands of Reese; thence running along the northerly line of said Reese, North 45° 20′ 40′′ West 14.45 feet to the point of beginning containing 0.0971 acres of land.

§ 5. The land referred to in section one of this act which will be subject to a temporary utility and access easement for the benefit of the Wappinger Sewer Transmission/Treatment Improvement and granted jointly to the town of Poughkeepsie and the village of Wappingers Falls on behalf of the Tri-Municipal Sewer Commission of Dutchess county is described as follows:

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Beginning at a point, said point being the northwest corner of lands now or formerly Village of Wappingers Falls and the northeast corner lands of the Town of Wappinger also known as "Reese Park", Liber 412, Page 12, said common corner being on the easterly line of Creek Road; thence leaving said common corner and said easterly road line and running along the southerly line of said Village of Wappingers Falls the following courses and distances: South 62° 38′ 10′′ East 48.57 feet, South 33 52′ 00′′ East 95.03 feet, South 76° 21′ 20′′ East 90.85 feet, South 51° 46′ 20′′ East 98.40 feet, South 23° 52′ 50′′ East 42. 15 feet and South 24° 41′ 50′′ East 185.98 feet; thence running through said lands of the Town of Wappinger (Reese Park) the following courses and distances, South 55° 56' 30" West 204.21 feet, to said point of beginning; thence continuing through lands of Reese Park the following courses_and distances, South 12° 19′ 50′′ East 93.21 feet, South 10° 25' 20′′ East 177.52 feet, South 07° 59′ 00′′ East 161.04 feet; South 13° 10′ 50′′ East 62.95 feet, North 37° 46′ 10′′ West 24.03 feet, North 13° 10′ 50′′ West 41.55 feet, North 07° 59′ 00′′ West 161.28 feet, North 10° 25′ 20′′ West 177. 14 feet, North 12° 19′ 50′′ West 89.05 feet, and North 55° 56′ 30′′ East 10.76 feet to the point of beginning containing 0.111± acres of land.

6. The land referred to in section one of this act which will be subject to a temporary utility and access easement for the benefit of the Wappinger Sewer Transmission/Treatment Improvement and granted jointly to the town of Poughkeepsie and the village of Wappingers Falls on behalf of the Tri-Municipal Sewer Commission of Dutchess county is described as follows:

Beginning at a point, said point being the northwest corner of lands now or formerly the Village of Wappingers Falls and the northeast corner of lands of the Town of Wappinger also known as "Reese Park", Liber 412, Page 012, said common corner being on the easterly line of Creek Road; thence leaving said common corner and running southerly along the easterly line of said Creek Road, South 34° 05" 20" West 131.38 feet; thence leaving said easterly road line and running through land of said Reese Park the following courses and distances, South 47° 30' 50′′ East 51.37 feet, South 38° 28′ 10′′ East 184.56 feet, South 23° 15′ 50′′ East 56. 14 feet, South 17° 09′ 10′′ East 102.75 feet, South 12° 19′ 50" East 170.55 feet, South 10° 25′ 20′′ East 176.00 feet, South 07° 59′ 00′′ East 162.00 feet and South 13° 10′ 50′′ East 41.00 feet to said point of beginning; thence leaving said point of beginning and running through said lands of the Town of Wappinger "Reese Park" the following courses

and distances South 37° 46′ 10′′ East 256.28 feet, South 13° 55' 50′′ East

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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