§ 7. Establishment of the cannabis control board or "board". 1. The\ncannabis control board is hereby created and shall consist of a\nchairperson nominated by the governor and with the advice and consent of\nthe senate, with one vote, and four other voting board members as\nprovided for in subdivision two of this section.\n 2. Appointments. In addition to the chairperson, the governor shall\nhave two direct appointments to the board, and the temporary president\nof the senate and the speaker of the assembly shall each have one direct\nappointment to the board. Appointments shall be for a term of three\nyears each and should, to the extent possible, be geographically and\ndemographically representative of the state and communities historically\naffected by the war on drugs. Board members shall be citizens and\npermanent residents of this state. The chairperson and the remaining\nmembers of such board shall continue to serve as chairperson and members\nof the board until the expiration of the respective terms for which they\nwere appointed. Upon the expiration of such respective terms the\nsuccessors of such chairperson and members shall be appointed to serve\nfor a term of three years each and until their successors have been\nappointed and qualified. The members shall, when performing the work of\nthe board, be compensated at a rate of two hundred sixty dollars per\nday, together with an allowance for actual and necessary expenses\nincurred in the discharge of their duties. No member or member's spouse\nor minor child shall have any interest in an entity regulated by the\nboard.\n 3. Expenses. Each member of the board shall be entitled to their\nexpenses actually and necessarily incurred by them in the performance of\ntheir duties.\n 4. Removal. Any member of the board may be removed by the governor for\ngood cause after notice and an opportunity to be heard. A statement of\nthe good cause for their removal shall be filed by the governor in the\noffice of the secretary of state.\n 5. Vacancies; quorum. (A) In the event of a vacancy caused by the\ndeath, resignation, removal or inability to perform his or her duties of\nany board member, the vacancy shall be filled in the manner as the\noriginal appointment for the remainder of the unexpired term.\n (B)(i) In the event of a vacancy caused by the death, resignation,\nremoval, or inability to act of the chair, the vacancy shall be filled\nin the same manner as the original appointment for the remainder of the\nunexpired term. Notwithstanding any other provision of law to the\ncontrary, the governor shall designate one of the remaining board\nmembers to serve as acting chairperson for a period not to exceed six\nmonths or until a successor chairperson has been confirmed by the\nsenate. Upon the expiration of the six month term, if the governor has\nnominated a successor chairperson, but the senate has not acted upon the\nnomination, the acting chairperson can continue to serve as acting\nchairperson for an additional ninety days or until the governor's\nsuccessor chairperson nomination is confirmed by the senate, whichever\ncomes first;\n (ii) The governor shall provide immediate written notice to the\ntemporary president of the senate and the speaker of the assembly of the\ndesignation of a board member as acting chairperson; and\n (iii) If (a) the governor has not nominated a successor chairperson\nupon the expiration of the six month term or (b) the senate does not\nconfirm the governor's successor nomination within the additional ninety\ndays, the board member designated as acting chairperson shall no longer\nbe able to serve as acting chairperson and the governor is prohibited\nfrom extending the powers of that acting chairperson or from designating\nanother board member to serve as acting chairperson.\n (C) A majority of the voting board members of the board shall\nconstitute a quorum for the purpose of conducting the business thereof\nand a majority vote of all the
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.