§ 3.03. Council on the arts. 1. (a) The council on the arts in the
executive department is hereby continued. The twenty-one members shall
be, broadly representative of all fields of the performing and fine
arts, to be appointed by the governor, with the advice and consent of
the senate, from among private citizens who are widely known for their
professional competence and experience in connection with the performing
and fine arts; provided, however, that the council shall have at least
one member from each of the ten regions of the state, as such regions
are defined by the empire state development corporation. In making such
appointments, due consideration shall be given to the recommendations
made by representative civic, educational and professional associations
and groups, concerned with or engaged in the production or presentation
of the performing and fine arts generally.

(b) No amendments made to this section shall require any council
member appointed prior to the effective date of such amendments to
vacate their seat prior to the natural end of their term.

(c) The council on the arts shall not be out of compliance with this
section upon vacancy, and shall retain its full powers enumerated in
section 3.05 of this article, provided that such vacancy is filled
within a reasonable time and the appointment made for such new vacancy
shall move the composition of the council closer to the requirement that
each of the ten regions of the state as defined by the empire state
development corporation be represented by at least one member of the
council to the extent practicable.

2. The term of office of each member of the council shall be five
years. Vacancies in the council occurring otherwise than by expiration
of term, shall be filled for the unexpired term in the same manner as
original appointments. The governor shall designate a chairperson and
two vice-chairpersons from the members of the council, to serve as such
at the pleasure of the governor. The chairperson shall be the chief
executive officer of the council.

3. The chairperson shall receive compensation fixed by the governor
and shall be reimbursed for all expenses actually and necessarily
incurred by him in the performance of his duties hereunder, within the
amount made available by appropriation therefor. The other members of
the council shall receive no compensation for their services, but shall
be reimbursed for all expenses actually and necessarily incurred by them
in the performance of their duties hereunder within the amount made
available by appropriation therefor.

4. The chairperson may appoint such officers, experts and other
employees as he may deem necessary, prescribe their duties, fix their
compensation and provide for reimbursement of their expenses within
amounts available therefor by appropriation.