Assembly Bill A8395

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

                                  8395

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced  by M. of A. McENENY, ENGLEBRIGHT, CANESTRARI, BRODSKY, REIL-
  LY, GORDON -- (at request of the Governor) -- read once  and  referred
  to the Committee on Tourism, Arts and Sports Development

AN  ACT  to  amend the arts and cultural affairs law, in relation to the
  composition of the board of directors of the Executive Mansion Trust

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

  Section  1. Subdivisions 1, 2, 3, 4 and 5 of section 54.05 of the arts
and cultural affairs law, as added by chapter 57 of the  laws  of  1993,
are amended to read as follows:
  1.  A  trust known as the "Executive Mansion Trust" is hereby created.
The trust shall be a body corporate and politic and its existence  shall
commence  upon  the  appointment of the [members] CORPORATE DIRECTORS as
herein provided.
  2. The CORPORATE DIRECTORS OF THE trust shall consist of  the  commis-
sioner  of  general  services, the commissioner of parks, recreation and
historic preservation, the commissioner of education[, the  chairman  of
the board of trustees of the New-York Historical Society] and [a] TWELVE
private [citizen] INDIVIDUALS appointed [to a three-year term of member-
ship  by  the governor; such private citizen shall be a person known for
professional competence and experience in the field of  history,  archi-
tecture,  art, design or museum services] BY THE GOVERNOR, AT LEAST FOUR
OF WHOM SHALL HAVE EXPERIENCE IN THE  FIELD  OF  HISTORY,  ARCHITECTURE,
ENGINEERING, PRESERVATION, FINANCE, ART, DESIGN OR MUSEUM SERVICES.  The
director of the budget [and a designee of the governor] shall serve as A
non-voting  [members]  DIRECTOR of the trust. THE DIRECTORS OF THE TRUST
APPOINTED BY  THE  GOVERNOR  SHALL  SERVE  FOR  TERMS  OF  THREE  YEARS;
PROVIDED,  HOWEVER,  THAT OF THE DIRECTORS FIRST APPOINTED BY THE GOVER-
NOR, FOUR SHALL SERVE A TERM OF ONE YEAR, FOUR SHALL SERVE A TERM OF TWO
YEARS AND FOUR SHALL SERVE A TERM OF THREE YEARS, AS DESIGNATED  BY  THE
GOVERNOR. THE DIRECTORS OF THE TRUST MAY SOLICIT, ON BEHALF OF THE TRUST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12011-01-9
              

A. 8395                             2

AND  IN  FURTHERANCE  OF  ITS  CORPORATE  PURPOSES,  GIFTS,  DEVISES AND
BEQUESTS TO BE DELIVERED TO OR ON BEHALF OF THE TRUST.
  3.  The  powers  of  the  trust  shall be vested in and exercised by a
majority of the voting [members] DIRECTORS thereof.
  4. The [commissioner of general services] GOVERNOR  shall  [serve  as]
DESIGNATE A chairperson OF THE BOARD OF DIRECTORS of the trust.
  5.  The  [members]  DIRECTORS of the trust shall serve without compen-
sation, but shall be entitled  to  reimbursement  of  their  actual  and
necessary expenses incurred in the performance of their official duties.
  S  2.  Section 54.17 of the arts and cultural affairs law, as added by
chapter 57 of the laws of 1993, is amended to read as follows:
  S 54.17. [Members] DIRECTORS and employees not to profit. No  officer,
[member]  DIRECTOR  or  employee  of  the  trust shall receive or may be
lawfully entitled to receive any pecuniary  profit  from  the  operation
thereof  except reasonable compensation for services in effecting one or
more of its purposes as set forth in this title.
  S 3. This act shall take effect immediately.