Meeting of the Board of Regents | June 2006
8 NEW YORK STATE CULTURAL EDUCATION TRUST
9 ARTICLE 40
10 NEW YORK STATE CULTURAL EDUCATION TRUST
11 Section 40.01. Short title.
12 40.03. Definitions.
13 40.05. New York state cultural education trust.
14 40.07. Purpose of trust.
15 40.09. Reports.
16 40.11. Assistance of other agencies.
17 40.13. Members not to profit.
18 � 40.01. Short title. This title shall be known and may be cited as
19 the "New York state cultural education trust act".
20 � 40.03. Definitions. When used or referred to in this title, unless
21 otherwise specified, the following terms shall have the following mean-
23 1. "Trust" shall mean the trust created by section 40.05 of this
25 2. "Board" shall mean the board of the trust created by section 40.05
26 of this title.
27 3. "Board of regents" shall mean the board of regents of the universi-
28 ty of the state of New York.
29 � 40.05. New York state cultural education trust. 1. A trust to be
30 known as the "New York state cultural education trust" is hereby created
31 under the jurisdiction of the state education department and its exist-
32 ence shall commence with the appointment of the members of the board as
33 provided herein.
34 2. The board shall consist of five members as follows: the chancellor
35 of the board of regents of the university of the state of New York, who
36 shall serve as the chair; one member of the board of regents, to be
37 appointed by the commissioner of education; one member appointed by the
38 governor; one member appointed by the majority leader of the senate; and
39 one member appointed by the speaker of the assembly. Members of the
40 board, other than the representative of the board of regents, shall be
41 appointed to the board based on their knowledge and background as rele-
42 vant to the purposes of the trust, or, due to their experience and know-
43 ledge in the fields of New York state history, collection display and
44 management or other related fields.
45 3. The member of the board of regents appointed to the board shall
46 serve at the pleasure of the commissioner of education and shall serve a
47 term equivalent to his or her term as a member of the board of regents.
48 The commissioner may reappoint the same member of the board of regents
49 as his or her appointee for so long as such regent remains a member of
50 the board of regents.
51 4. The initial terms of the appointees of the governor, the speaker of
52 the assembly and the majority leader of the senate shall be staggered,
53 with the governor's appointment expiring after one year, the majority
54 leader of the senate's appointment expiring after two years and the
A. 10256 46
1 speaker of the assembly's appointment expiring after three years. All
2 subsequent appointments shall be for three years.
3 5. Members may be reappointed and may serve two consecutive full
4 terms, in addition to the terms of their original appointments, but not
5 more than nine consecutive years. Each member shall continue in office
6 until such member's successor has been appointed and qualifies. Such
7 continuation in office shall not be counted in determining whether a
8 member has served nine consecutive years. In the event of a vacancy
9 occurring in the office of any member of the board, other than by the
10 expiration of a member's term, such vacancy shall be filled for the
11 balance of the unexpired term, if applicable, in the same manner as the
12 original appointment.
13 6. The members of the board shall serve without compensation, but
14 shall be entitled to reimbursement of their actual and necessary
15 expenses incurred in the performance of their official duties.
16 7. The powers of the trust shall be vested in and exercised by a
17 majority of the members thereof.
18 � 40.07. Purpose of the trust. The purpose of the trust shall be to
19 prepare and recommend a plan, in cooperation with the commissioner of
20 education, to the director of the budget regarding projects to enhance
21 the public display of the collections and exhibits of the state museum,
22 library and archives.
23 � 40.09. Reports. Not later than ninety days following the end of the
24 state fiscal year the trust shall annually submit to the governor, the
25 majority leader of the senate and the speaker of the assembly a report
26 on the priorities and finances of the trust.
27 � 40.11. Assistance of other agencies. The trust board may request
28 from any state agency or political subdivision of the state and the same
29 are authorized to provide such assistance and information as will enable
30 it to carry out its purpose and powers pursuant to this title.
31 � 40.13. Members not to profit. No member of the trust shall receive
32 or may be lawfully entitled to receive any pecuniary profit from the
33 operation of the trust.