senate Bill S822

Requires the governor to appoint the 5 members of the Adirondack park agency who reside in the park, from a list established by the county legislatures

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE

Summary

Requires the governor to appoint the five members of the Adirondack park agency who reside in the park, from a list established by the legislative bodies of the counties in the Adirondack park and the Adirondack Association of Towns and Villages.

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Bill Details

See Assembly Version of this Bill:
A511
Versions:
S822
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง803, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S6999, A10110

Sponsor Memo

BILL NUMBER:S822

TITLE OF BILL:
An act
to amend the executive law, in relation to the appointment of the
members of the Adirondack park agency

PURPOSE:
To allow greater input from local
governments in the
selection of full-time resident members to the Adirondack Park Agency.

SUMMARY OF PROVISIONS:
Section 1 - Amends section 803 of the executive law to state that
full-time residents within the Adirondack park shall be selected from
a list of not less than five such residents established and submitted
by the legislative bodies of the counties within the park and the
Adirondack Association of Towns and Villages. It also provides that
the legislative bodies of the counties within the park and the
Adirondack Association of Towns and Villages shall at all times
maintain a list of not less than five full-time residents within the
park who are eligible to be appointed to the agency.

Section 2 - Effective date

EXISTING LAW:
Currently there is 110 formal mechanism for selecting
such members.

JUSTIFICATION:
The Adirondack Park Agency has great regulatory
authority over the property owners, local governments and residents
who live and work within the blue line. To insure the preservation of
the natural resources of the park and the need for sustainable
economies for the communities in the Park. The APA needs to partner
with local governments to fully include the all perspectives of the
Adirondack Park residents.

LEGISLATIVE HISTORY:
2010: S.6999 Finance; A.10110 Environmental conservation

FISCAL IMPLICATIONS:
None

EFFECTIVE DATE:
This act shall take effect immediately and shall apply
to the appointment of members to the Adirondack Park Agency on or
after such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 822                                                    A. 511

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

IN ASSEMBLY -- Introduced by M. of A. SAYWARD, DUPREY,  JORDAN,  TEDISCO
  --  read once and referred to the Committee on Environmental Conserva-
  tion

AN ACT to amend the executive law, in relation to the appointment of the
  members of the Adirondack park agency

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 803 of the executive law, as amended by chapter 986
of the laws of 1984, is amended to read as follows:
  S 803. Adirondack  park  agency. There is hereby created in the execu-
tive department, the Adirondack park agency, which shall consist of  the
following  members:  the commissioner of environmental conservation, the
secretary of state, the commissioner of [commerce] ECONOMIC  DEVELOPMENT
and  eight  members  [to  be]  appointed by the governor by and with the
advice and consent of the senate. The governor shall designate a  chair-
man  from  among the members appointed to the agency, who shall serve at
the governor's pleasure.  None of the members appointed by the  governor
shall be officers or employees of any state department or agency.
  Five  members  appointed  by the governor shall be full-time residents
within the Adirondack park, WHO SHALL BE SELECTED FROM  A  LIST  OF  NOT
LESS  THAN FIVE SUCH RESIDENTS ESTABLISHED AND SUBMITTED BY THE LEGISLA-
TIVE BODIES OF THE COUNTIES WITHIN THE PARK AND THE  ADIRONDACK  ASSOCI-
ATION OF TOWNS AND VILLAGES; provided, however, that no two such members
shall  be residents of the same county except for such members initially
appointed before January first, nineteen hundred seventy-three, who  may
be  reappointed  for additional successive terms; AND PROVIDED, FURTHER,
THAT THE LEGISLATIVE BODIES OF THE COUNTIES  WITHIN  THE  PARK  AND  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01292-01-1

S. 822                              2                             A. 511

ADIRONDACK ASSOCIATION OF TOWNS AND VILLAGES SHALL AT ALL TIMES MAINTAIN
A LIST OF NOT LESS THAN FIVE FULL-TIME RESIDENTS WITHIN THE PARK WHO ARE
ELIGIBLE  TO  APPOINTMENT TO THE AGENCY.  Three members appointed by the
governor  shall  be  residents of the state outside the Adirondack park.
Not more than five appointed members shall  be  of  the  same  political
party.
  All  appointments shall be made for terms of four years; provided that
the first member appointed by the governor pursuant to the  increase  of
members  from  seven  to eight shall be appointed for a term expiring on
the thirtieth day of June, nineteen hundred seventy-six.  Each  of  such
appointed members of the agency shall hold office for the term for which
he  OR  SHE was appointed and until his OR HER successor shall have been
appointed and qualified or until he OR SHE shall resign or be removed in
the manner provided by law. In the case of any vacancy  other  than  one
arising  by expiration of term, an appointment to fill the vacancy shall
be made for the remainder of the unexpired term.
  The designated chairman shall receive an annual salary of thirty thou-
sand dollars. The other members of the agency, except those who serve ex
officio, shall receive one hundred dollars per diem, not to exceed  five
thousand dollars per annum compensation for their services as members of
the  agency.  All  members,  except those who serve ex officio, shall be
allowed the necessary and actual expenses incurred in the performance of
duties under this article.
  A majority of the members of the agency shall constitute a quorum  for
the transaction of any business or the exercise of any power or function
of  the  agency and affirmative vote by a majority of the members of the
agency, except as is otherwise specifically provided  in  this  article,
shall be required to exercise any power or function of the agency. Votes
of  any  member shall be cast in person and not by proxy. The agency may
delegate to one or more of its members, officers, agents and  employees,
such powers and duties as it deems proper.
  The commissioner of environmental conservation [and], the commissioner
of  [commerce]  ECONOMIC  DEVELOPMENT and the secretary of state may, by
official authority filed in their  respective  agencies,  and  with  the
Adirondack  park agency, designate a deputy or other officer to exercise
his OR HER powers and perform his OR HER duties, including the right  to
vote, on the agency.
  S  2.    This act shall take effect immediately and shall apply to the
appointment of members to the Adirondack park agency on  or  after  such
date.

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