senate Bill S4883

Amended

Establishes the commission on New York state history and provides for its powers and duties

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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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actions

  • 30 / Apr / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 11 / Dec / 2013
    • AMEND (T) AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 11 / Dec / 2013
    • PRINT NUMBER 4883A
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Summary

Establishes the commission on New York state history and provides for its powers and duties.

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Bill Details

See Assembly Version of this Bill:
A6226
Versions:
S4883
S4883A
Legislative Cycle:
2013-2014
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Arts and Cultural Affairs
Versions Introduced in Previous Legislative Cycles:
2013-2014: A6226, A6226A, S4883A, A6226, A6226A, S4883A
2011-2012: A10614, A10614

Sponsor Memo

BILL NUMBER:S4883

TITLE OF BILL: An act to enact chapter 11-D of the consolidated laws,
to be the cultural and heritage resources law, in relation to the
preservation, enhancement and promotion of the state's cultural and
heritage assets

PURPOSE OR GENERAL IDEA OF BILL: enacts the cultural and heritage
resources law as a new consolidated law

SUMMARY OF SPECIFIC PROVISIONS: This progressive but expeditious
integration to a single coordinated state office be effected at once,
creation of the Office of Cultural and Heritage Resources.
Well-considered steps will be taken to affect the overall cultural and
heritage resources program envisioned including short title and
definitions, powers, duties and jurisdiction of the Office of Cultural
and Heritage Resources, transfer of functions, interim functions and
codification and the Cultural and Heritage Resources Board.

JUSTIFICATION: The state's cultural and heritage assets are major
educational, inspirational and economic resources that should be
preserved, enhances and fully promoted. The state's cultural and
heritage assets are world class destinations for visitors from around
the world and should be promoted as such. Having the cultural and
heritage assets spread among several state agencies and departments,
as is currently the case, has been detrimental to the full utilization
of these assets. This bill will streamline and combine these assets
into one agency and will help each of the entities achieve its full
mission for the people of the state in a more productive manner.

PRIOR LEGISLATIVE HISTORY: 2011-12 A10614 Referred to Government
Operations.

FISCAL IMPLICATIONS: to be determined

EFFECTIVE DATE: this act shall take effect on the 90th day after it
shall have become law

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

                                  4883

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to enact chapter  11-D  of  the  consolidated  laws,  to  be  the
  cultural  and heritage resources law, in relation to the preservation,
  enhancement and promotion of the state's cultural and heritage assets

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

  Section 1. Legislative findings and declaration of purpose. The legis-
lature  determines  that  the  state's  cultural and heritage assets are
major educational, inspirational and economic resources that  should  be
preserved,  enhanced and fully promoted. The state's cultural and herit-
age assets are world class destinations for  visitors  from  around  the
world  and  should be promoted as such. Having the cultural and heritage
assets spread among several state  agencies  and  departments  has  been
detrimental  to  the  full  utilization  of these assets. Therefore, the
legislature finds that streamlining and combining these assets into  one
agency  will  help each of the entities achieve its full mission for the
people of the state in a more productive manner.
  It is important that an integration  to  a  single  coordinated  state
office  be  effected  at once. It is recognized that this change must be
progressive, but expeditious.   The first step is  the  creation  of  an
office  of cultural and heritage resources. This act presumes that addi-
tional well-considered  steps  will  be  taken  to  affect  the  overall
cultural and heritage resources program envisioned.
  S  2. Chapter 11-D of the consolidated laws, constituting the cultural
and heritage resources law, is enacted to read as follows:
                  CHAPTER 11-D OF THE CONSOLIDATED LAWS
                   CULTURAL AND HERITAGE RESOURCES LAW
Article 1. Short title; definitions.                              SS 1-2
        2. Powers, duties and jurisdiction of the office of cultural

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09721-01-3

S. 4883                             2

           and heritage resources.                              SS 10-17
        3. Transfer of functions; interim functions;
           codification.                                        SS 20-30
        4. Cultural and heritage resources board.                   S 40
                                ARTICLE 1
                        SHORT TITLE; DEFINITIONS
Section 1. Short title.
        2. Definitions.
  S  1. Short title. This chapter shall be known and may be cited as the
"cultural and heritage resources law".
  S 2. Definitions. Whenever used in this chapter,  unless  a  different
meaning clearly appears from the context:
  1. "Board" means the cultural and heritage resources board.
  2. "Director" means the director of cultural and heritage resources.
  3.  "Heritage area" means a definable urban or regional area of public
and private uses ranging in size from a portion of a municipality  to  a
regional area with a special coherence, such area being distinguished by
physical  and  cultural  resources  (natural  and/or  man made including
waterways, architecture or artifacts reflecting a  period  of  style  or
cultural  heritage) which play a vital role in the life of the community
and/or region, and  contribute  through  interpretive,  educational  and
recreational  use to the public. A heritage area may include traditional
parks (pleasure grounds set apart for  recreation  of  the  public)  and
historic places or property on the national or state register of histor-
ic places, but the term heritage area shall not be deemed to mean a park
or  historic  place  as  those terms are used in other provisions of law
including those relating to alienation of park land  and  regulation  of
public or private activities. Such other provisions of law shall contin-
ue  to apply to the specific parks and historic places within a heritage
area. The term heritage area shall be deemed to mean and  include  areas
that have been previously designated as urban culture parks and heritage
corridors  or  other  similar  names applied to areas of special concern
fitting the definition of heritage area in this subdivision.
  4. "Historic preservation" means the study,  designation,  protection,
restoration,  rehabilitation  and use of buildings, structures, historic
districts, areas, and sites significant in  the  history,  architecture,
archeology or culture of this state, its communities or the nation.
  5. "Office" means the office of cultural and heritage resources.
  6. "Person" means any individual, public or private corporation, poli-
tical subdivision, government agency, department or bureau of the state,
municipality, industry, co-partnership, association, firm, trust, estate
or any other legal entity whatsoever.
                                ARTICLE 2
 POWERS, DUTIES AND JURISDICTION OF THE OFFICE OF CULTURAL AND HERITAGE
                                RESOURCES
Section 10. Declaration of policy.
        11. Office of cultural and heritage resources; director
        12. Offices of the office.
        13. Organization of office; officers and employees.
        14. Functions, powers and duties of office and director.
        15. General  functions,  powers and duties of the office and the
              director.
        16. Summary action.
        17. Statewide cultural and heritage plan.
  S 10. Declaration of policy. The protection and quality of the state's
natural and cultural resources is fundamental to  our  concern  for  the

S. 4883                             3

quality of life. It is hereby declared to be the policy of this state to
conserve,  improve, beneficially use and protect its cultural and herit-
age resources, in order to enhance the health, safety and welfare of the
people  of  the  state and their overall economic and social well being.
It shall further be the policy of the state to  improve  and  coordinate
the  cultural  and heritage plans, functions, powers and programs of the
state, in  cooperation  with  the  federal  government,  regions,  local
governments,  other  public  and private organizations and the concerned
individual, and to develop and manage the basic  cultural  and  heritage
resources  to  the  end that the state may fulfill its responsibility as
trustee of our cultural and  heritage  resources  for  the  present  and
future  generations.  It  shall  further  be  the policy of the state to
foster, promote, create and maintain  conditions  under  which  man  and
nature  can  thrive  in  harmony  with  each  other, and achieve social,
economic and technological progress for present and  future  generations
by:
  1.  assuring surroundings which are healthful and aesthetically pleas-
ing;
  2. guaranteeing that the widest range of beneficial uses  of  cultural
and  heritage  resources  are attained without risk to health or safety,
unnecessary degradation or other undesirable or unintended consequences;
  3. promoting patterns of development  and  technology  which  minimize
adverse impact on our cultural and heritage resources;
  4.  preserving the unique qualities of special resources such as state
historic sites, state designated heritage areas, sites on  the  national
register  of  historic places, paintings, sculptures, and other artistic
creations, museums, gardens and performing arts venues; and
  5. providing that care is taken for cultural  and  heritage  resources
that  are  shared  with  the  other states of the United States and with
Canada in the manner of a good neighbor.
  S 11. Office of cultural and heritage resources; director. There shall
be in the executive branch an office of cultural and heritage resources.
The head of the office shall be the director of  cultural  and  heritage
resources,  who  shall  be  appointed  by  the governor, by and with the
advice and consent of the senate, and hold office at the pleasure of the
governor by whom he or she was appointed and until his or her  successor
is appointed and has qualified.
  S  12. Offices of the office. The principal office of the office shall
be in the county of Albany.
  S 13. Organization of office; officers and employees. 1.  The director
may, from time to time, create, abolish, transfer and consolidate  divi-
sions,  bureaus,  field offices and other units within the office, as he
or she may determine  necessary  for  the  efficient  operation  of  the
office, subject to the approval of the director of the budget.
  2.  The director may appoint such deputies, directors, assistants, and
other officers and employees as may be needed for the performance of his
or her duties, and may prescribe their powers and duties and  fix  their
compensation  within  the  amounts appropriated therefor, subject to the
approval of the director of the budget.
  S 14. Functions, powers and duties of office and director. It shall be
the responsibility of the office, in accordance with such provisions and
limitations as may be elsewhere set forth in law,  by  and  through  the
director  to carry out the cultural and heritage resources policy of the
state set forth in section ten of this article. In so doing, the  direc-
tor, shall have power to:

S. 4883                             4

  1.  coordinate  and develop policies, planning and programs related to
the cultural and heritage resources of the state and regions thereof;
  2.   promote  and  coordinate  management  of  cultural  and  heritage
resources to assure their protection, enhancement, provision, allocation
and balanced utilization consistent with the environmental policy of the
state;
  3. assure the preservation and enhancement of natural beauty and  man-
made scenic and cultural landscape qualities;
  4.  undertake an extensive public information and education program to
inform and involve other public and private organizations and groups and
the general public in the commitment to the principles and practices  of
cultural  and heritage resources management and develop programs for the
teaching by others of such principles and practices;
  5. cooperate with the executive, legislative and planning  authorities
of  the  United States, neighboring states and their municipalities, and
the Dominion of Canada in furtherance of the policy of this state as set
forth in section ten of this article; and
  6. exercise and perform such other functions,  powers  and  duties  as
shall  have been or may be from time to time conveyed or imposed by law,
including, but not limited to, all  the  functions,  powers  and  duties
assigned and transferred to the office.
  S  15.  General  functions,  powers  and  duties of the office and the
director. To further assist in carrying out the policy of this state  as
provided in this chapter, the director shall be authorized to:
  1.  with  the advice and approval of the board, adopt, amend or repeal
standards, criteria and those rules and regulations having the force and
effect  of  standards  and  criteria  to  carry  out  the  purposes  and
provisions of this chapter;
  2.  enter into contracts with any person to do all things necessary or
convenient to carry out the functions, powers and duties of the office;
  3. review and appraise programs and activities  of  state  departments
and  agencies  in  light  of the policy set forth in section ten of this
article for the purpose of determining the extent to which such programs
and activities are contributing to the achievement of such policy and to
make recommendations to such departments and agencies with respect ther-
eto, including but not limited to, environmental  guidelines  for  their
use;
  4. consult with and cooperate with:
  a.  officials  of  departments and agencies of the state having duties
and responsibilities concerning the environment;
  b. officials and representatives of any public benefit corporation  in
the state;
  c.  officials  and representatives of the federal government, of other
states and of interstate agencies on problems affecting the  environment
of  this  state;  persons, organizations and groups, public and private,
utilizing, served by, interested in or concerned with the environment in
the state; and
  d. appropriate committee or committees of the legislature;
  5. appear and participate in proceedings before any federal regulatory
agency involving or affecting the purposes of the office;
  6. undertake any studies, inquiries, surveys or analyses he or she may
deem relevant through the personnel of the office or in cooperation with
any  public  or  private  agencies,  including  educational,  civic  and
research  organizations,  colleges,  universities, institutes or founda-
tions, for the accomplishment of the purposes of the office;

S. 4883                             5

  7. enter and inspect any property  or  premises  for  the  purpose  of
investigating either actual or suspected sources of pollution or contam-
ination  or  for the purpose of ascertaining compliance or noncompliance
with any law, rule or regulation which may be  promulgated  pursuant  to
this article. Any information relating to secret processes or methods of
manufacture shall be kept confidential;
  8.  conduct investigations and hold hearings and compel the attendance
of witnesses and the production of accounts, books and documents by  the
issuance of a subpoena;
  9.  advise  and  cooperate  with municipal, county, regional and other
local agencies and officials within the state, to carry out the purposes
of this chapter;
  10. act as the official agency of the state in all  matters  affecting
the  purposes  of the office under any federal laws, and as the official
agency of a county, town, city, village or authority in connection  with
the  grant  or  advance  of any federal or other funds or credits to the
state or through the  state  to  its  local  governing  bodies  for  the
purposes of this chapter;
  11. report from time to time to the governor and make an annual report
to the governor and the legislature;
  12.  formulate  and execute contracts, keep accounts, record personnel
data, acquire  real  or  personal  property,  including  acquisition  by
condemnation,  appropriation,  gift,  grant,  devise  or bequest, adjust
claims, compile statistics and engage  in  research  opportunities;  all
according to the statutes or office orders and regulations in such cases
made and provided; and
  13.  adopt such rules, regulations and procedures as may be necessary,
convenient or desirable to effectuate the purposes of this chapter.
  S 16.  Summary action. Notwithstanding any inconsistent  provision  of
law,  whenever  the director finds, after investigation, that any person
is causing, engaging in or maintaining a condition or activity which, in
his or her judgment, presents  an  imminent  danger  to  the  health  or
welfare  of the people of the state or results in or is likely to result
in irreversible or irreparable damage to natural resources, and  relates
to  the prevention and abatement powers of the director and it therefore
appears to be prejudicial to the interests of the people of the state to
delay action until an opportunity for a hearing  can  be  provided,  the
director  may,  without  prior  hearing, order such person by notice, in
writing wherever practicable or in such other form as in the  director's
judgment will reasonably notify such person whose practices are intended
to  be  proscribed, to discontinue, abate or alleviate such condition or
activity, and thereupon such person shall immediately discontinue, abate
or alleviate such condition or activity. As promptly as possible  there-
after, not to exceed fifteen days, the director shall provide the person
an  opportunity  to be heard and to present proof that such condition or
activity does not violate the provisions of this subdivision. The direc-
tor shall adopt any other appropriate rules and regulations  prescribing
the procedure to be followed in the issuance of such orders.
  S  17.    Statewide  cultural  and  heritage plan. 1. The office shall
formulate and from time to time revise a statewide cultural and heritage
resources plan for the management and protection of the quality  of  the
cultural  and  heritage  resources  of  the state, in furtherance of the
legislative policy and purposes expressed in this chapter.
  2. The office shall submit such plan to the governor and to the legis-
lature on or before September first, two thousand fourteen,  and  there-
after  shall  submit periodic revisions of such plan to the governor and

S. 4883                             6

to the legislature. Such plan and such revisions shall become  effective
upon  approval by the board and the governor, and shall serve thereafter
as a guide to the public.
  3.  In  formulating  such  plan  and any revisions thereof, the office
shall:
  a. conduct one or more public hearings;
  b. consult with and cooperate with:
  (i) officials of departments and agencies of the state  having  duties
and responsibilities concerning the cultural and heritage resources;
  (ii)  officials  and  representatives  of  the  federal government, of
neighboring states and of interstate agencies on problems affecting  the
environment of this state;
  (iii) officials and representatives of local government in the state;
  (iv) officials and representatives of museums, art and cultural insti-
tutions, industry and education; and
  (v)  persons,  organizations and groups, public or private, utilizing,
served by, interested in or concerned with  the  cultural  and  heritage
resources of the state; and
  c.  request  and receive from any department, division, board, bureau,
commission or other agency of the state  or  any  political  subdivision
thereof,  or  any  public  authority  such assistance and data as may be
necessary to enable the office to carry out its  responsibilities  under
this section.
                                ARTICLE 3
                TRANSFER OF FUNCTIONS; INTERIM FUNCTIONS;
                              CODIFICATION
Section 20. Transfer of functions.
        21. Transfer of employees.
        22. Transfer of records.
        23. Continuity of authority.
        24. Completion of unfinished business.
        25. Continuance of rules and regulations.
        26. Terms occurring in laws, contracts and other documents.
        27. Existing rights and remedies preserved.
        28. Pending actions and proceedings.
        29. Transfer of appropriations.
        30. Codification of changes.
  S  20.  Transfer of functions. All functions, powers, duties and obli-
gations of the education department relating to the state museum,  state
library,  state  archive  and  state  science  service; of the office of
parks, recreation  and  historic  preservation  relating  to  the  state
historic  preservation including historic sites, the state heritage area
system; of the Historic Saratoga-Washington on the  Hudson  Partnership;
of  the Hudson River Greenway; and all programs and entities in the arts
and cultural affairs law shall be transferred, assigned to,  assumed  by
and devolved upon the office.
  S  21.  Transfer  of  employees. Upon the transfer of functions to the
office pursuant to this chapter, provision shall be made for the  trans-
fer  to the office of such employees of the education department, office
of parks, recreation and historic preservation and state council of  the
arts, and other employees who are engaged in carrying out such functions
as  may  be  necessary  for the exercise of the functions of the office,
subject to the approval of the director  of  the  budget.  Employees  so
transferred  shall  be transferred without further examination or quali-
fication and shall retain their respective civil service classifications
and status. For the purpose of determining the employees holding  perma-

S. 4883                             7

nent  appointment in competitive class positions to be transferred, such
employees shall be selected in each class of positions in the  order  of
their  original  appointment, with due regard to the right of preference
in retention of disabled and nondisabled veterans. Any such employee who
at the time of such transfer, has a temporary or provisional appointment
shall  be  transferred subject to the same right of removal, examination
or termination as though such transfer  had  not  been  made.  Employees
holding  permanent  appointments  in competitive class positions who are
not transferred pursuant to this section shall have their names  entered
upon  an  appropriate  preferred  list for reinstatement pursuant to the
civil service law.
  S 22. Transfer of records. The  commissioners  and  directors  of  the
departments,  boards,  commissions  or  other  agencies,  the functions,
powers, duties and obligations of which are transferred by this chapter,
shall deliver to the director all books, papers, records and property of
such departments, boards, commissions or other  agencies,  and  of  such
commissioners  or  directors  pertaining  to  the  functions transferred
pursuant to this chapter.
  S 23. Continuity of authority. For the purpose of  succession  to  all
functions,  powers,  duties  and  obligations  of departments, agencies,
boards, commissions, and commissioners or directors thereof, transferred
and assigned to, devolved upon and assumed by  the  office  pursuant  to
this  chapter,  the  office  shall  be deemed and held to constitute the
continuation of such departments, commissions, boards or other  agencies
and not a different agency or authority.
  S  24. Completion of unfinished business. Any business or other matter
undertaken or commenced by departments,  commissions,  boards  or  other
agencies,  or  the commissioners or directors thereof, pertaining, to or
connected with the functions, powers, obligations and duties transferred
and assigned pursuant to this chapter, and pending on the effective date
of this chapter, may be conducted and completed by  the  office  in  the
same  manner  and  under the same terms and conditions and with the same
effect as if conducted and completed by such  departments,  commissions,
boards or other agencies, or commissioners and directors thereof.
  S  25.  Continuance  of rules and regulations. All rules, regulations,
acts, determinations and decisions of departments,  commissions,  boards
or  other  agencies, and commissioners and directors thereof, pertaining
to the functions transferred and assigned by this chapter to the  office
in force at the time of such transfer, assignment, assumption or devolu-
tion  shall  continue  in  force and effect as rules, regulations, acts,
determinations and decisions of the department of environmental  conser-
vation until duly modified or repealed by the office.
  S 26. Terms occurring in laws, contracts and other documents. Whenever
the departments, commissions, boards or other agencies, or commissioners
and  directors thereof, the functions, powers, obligations and duties of
which are transferred by this chapter to the office, are referred to  or
designated in any law, contract or document pertaining to the functions,
powers,  obligations  and  duties  hereby transferred and assigned, such
reference or designation shall be deemed to refer to the office and  the
director as may be appropriate.
  S  27.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this chapter.
  S 28. Pending actions and proceedings. No action or proceeding pending
at the time this chapter takes effect, brought by or against the depart-
ments, commissions, boards  or  other  agencies,  or  commissioners  and

S. 4883                             8

directors  thereof,  the  functions,  powers,  obligations and duties of
which are transferred by this chapter to the office shall be affected by
any provision of this  chapter,  but  the  same  may  be  prosecuted  or
defended  in the name of the director or office. In all such actions and
proceedings, the office, upon application to the court, shall be substi-
tuted as a party.
  S 29. Transfer of appropriations. All  appropriations  or  reappropri-
ations  made  to  departments, commissions, boards or other agencies for
the functions and purposes transferred to the office by this chapter, or
segregated pursuant to law, to the extent  of  remaining  unexpended  or
unencumbered  balances  thereof,  whether  allocated  or unallocated and
whether obligated or unobligated, are hereby  transferred  to  and  made
available  for use and expenditure by the office subject to the approval
of the director of the budget for the same purposes for which originally
appropriated or reappropriated and shall be payable on  vouchers  certi-
fied  or  approved  by  the  director  on audit and warrant of the comp-
troller. Payments for liabilities  for  expenses  of  personal  service,
maintenance  and  operation  incurred  by such departments, commissions,
boards or other agencies, in connection with  the  functions  so  trans-
ferred,  shall  also be made on vouchers or certificates approved by the
director on audit and warrant of the comptroller.
  S 30. Codification of changes. The director shall prepare or cause  to
be  prepared  for  submission  to  the  legislature on or before January
fifteenth, two thousand fifteen, a codification of the laws relating  to
the  functions,  powers and duties of the office as amended, repealed or
modified by this chapter and other acts related thereto and  such  other
measures  as may be appropriate to effectuate the purposes of this chap-
ter and such acts.
                                ARTICLE 4
                          CULTURAL AND HERITAGE
                             RESOURCES BOARD
Section 40. Cultural and heritage resources board.
  S 40.   Cultural and heritage resources  board.  1.  There  is  hereby
established  within the office the cultural and heritage resources board
to consist of the director, the commissioners of education and  environ-
mental  conservation, the chairman of the state council of the arts, the
state librarian, the state archivist, the director of the  state  museum
and  ten  appointed  members,  of  which  four shall be appointed by the
governor, two shall be appointed  by  the  temporary  president  of  the
senate, two shall be appointed by the speaker of the assembly, one shall
be  appointed  by  the  minority  leader of the senate, and one shall be
appointed by the minority leader of the assembly. Each appointed  member
shall serve for a term of four years and shall continue until a replace-
ment  has been appointed. The board members shall be qualified by educa-
tion and experience in the fields of library  science,  museum  studies,
public  history,  archive planning and management, heritage area manage-
ment, architecture, arts,  archeology  and  other  related  professional
disciplines.  No  member  shall  receive  any compensation, but shall be
entitled to his or her actual and necessary expenses in  performing  the
duties of office.
  2. The governor shall designate a chairman from amongst the members of
the  board  appointed by the governor, to hold office at the pleasure of
the governor. The board may provide for  its  organization  and  appoint
such other officers from amongst its members as it deems appropriate.
  3.  The  director  may  appoint  staff, upon approval of the board, to
assist the board in implementation of its duties.

S. 4883                             9

  4. The board shall hold regular meetings not less than  four  times  a
year  at  such  times  and places as it may desire, and special meetings
when authorized and called as prescribed by the by-laws or by the direc-
tor. Ex-officio members of the board may  have  a  designated  represen-
tative.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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