§ 4.05. Empire state plaza art commission; creation. 1. The empire
state plaza art commission is hereby created in the executive
department.

2. The main office of the commission shall be located in the empire
state plaza in space designated therein by the commissioner of general
services.

3. The commission shall consist of twenty-five members. Twenty-one of
such members shall be appointed by the governor by and with the advice
and consent of the senate, four of whom shall be so appointed on
recommendation of the temporary president of the senate, four on
recommendation of the speaker of the assembly, two on recommendation of
the minority leader of the senate and two on recommendation of the
minority leader of the assembly. The commissioner of education, the
commissioner of general services, the commissioner of parks, recreation
and historic preservation and the chairman of the state council on the
arts shall serve as ex officio members and shall have the same rights as
other members.

4. The governor shall designate one of the members to serve as
chairman of the commission, by and with the advice and consent of the
senate.

5. The term of each member appointed by the governor shall be for
three years provided, however, that of the members first appointed (a)
the persons appointed on recommendation of the temporary president of
the senate and the speaker of the assembly shall be appointed for terms
ending December thirty-first, nineteen hundred eighty-six, provided,
however, that the persons first so appointed on or after December
thirty-first, nineteen hundred eighty-six shall be appointed for terms
ending December thirty-first, nineteen hundred eighty-nine; (b) the
persons appointed on recommendation of the minority leader of the senate
and the minority leader of the assembly shall be appointed for terms
ending December thirty-first, nineteen hundred eighty-five, provided,
however, that the persons first so appointed on or after December
thirty-first, nineteen hundred eighty-six shall be appointed for terms
ending December thirty-first, nineteen hundred eighty-eight; and (c) the
other nine persons appointed by the governor shall be appointed for
terms ending December thirty-first, nineteen hundred eighty-four,
provided, however, that the persons so appointed on or after December
thirty-first, nineteen hundred eighty-six shall be appointed for terms
ending December thirty-first, nineteen hundred eighty-seven. Vacancies
shall be filled for the unexpired terms in the same manner as the
original appointment. The ex officio members shall serve only during
their tenures as commissioner or chairman.

6. Members shall receive no compensation for their services but shall
be allowed their reasonable expenses actually and necessarily incurred
in the performance of their duties. No member shall be disqualified from
holding any other public office or employment by reason of such person's
appointment or service as a member notwithstanding the provisions of any
other law to the contrary.

7. The commission shall conduct at least four regular meetings a year
at such times and places as may be fixed by it.

8. Thirteen members shall constitute a quorum for the transaction of
business and, unless a greater number is required by the by-laws, the
commission shall exercise its powers and duties by a vote of the
majority of the total members of the commission then serving.

9. The commission shall adopt by-laws governing the calling and
conduct of its meetings and all other matters relating to its
organization and internal operations.