* § 1680-j. New York state higher education capital matching grant\nboard; creation; procedure. 1. Creation. (a) The New York state higher\neducation capital matching grant board is hereby created to have and\nexercise the powers, duties and prerogatives provided by the provisions\nof this section and any other provision of law. The board shall remain\nin existence during the period of the New York state higher education\ncapital matching grant program from the effective date of this section\nthrough March thirty-first, two thousand nine, or the date on which the\nlast of the funds available for grants under this section shall have\nbeen disbursed, whichever is earlier; provided, however, that the\ntermination of the existence of the board shall not effect the power and\nauthority of the dormitory authority to perform its obligations with\nrespect to any bonds, notes, or other indebtedness issued or incurred\npursuant to authority granted in this section.\n (b) The membership of the board shall consist of three persons\nappointed by the governor, of which one shall be upon the recommendation\nof the temporary president of the senate and one upon the recommendation\nof the speaker of the assembly. The term of the members first appointed\nshall continue until March thirty-first, two thousand five, and\nthereafter their successors shall serve for a term of one year ending on\nMarch thirty-first in each year. Upon recommendation of the nominating\nparty, the governor shall replace any member in accordance with the\nprovision contained in this subdivision for the appointment of members.\nThe members of the board shall vote among themselves to determine who\nshall serve as chair. The board shall act by unanimous vote of the\nmembers of the board. Any determination of the board shall be evidenced\nby a certification thereof executed by all the members. Each member of\nthe board shall be entitled to designate a representative to attend\nmeetings of the board on the designating member's behalf, and to vote or\notherwise act on the designating member's behalf in the designating\nmember's absence. Notice of such designation shall be furnished in\nwriting to the board by the designating member. A representative shall\nserve at the pleasure of the designating member during the member's term\nof office. A representative shall not be authorized to delegate any of\nhis or her duties or functions to any other person.\n (c) Every officer, employee, or member of a governing board or other\nboard of any college or group or association of colleges, and every New\nYork state regent, every officer or employee of the board of regents or\nthe department of education and every trustee, officer or employee of\nthe state university of New York or the city university of New York\nshall be ineligible for appointment as a member, representative,\nofficer, employee or agent of the board.\n (d) The members of the board shall serve without salary or per diem\nallowance but shall be entitled to reimbursement for actual and\nnecessary expenses incurred in the performance of official duties\npursuant to this section or other provision of law, provided however\nthat such members and representatives are not, at the time such expenses\nare incurred, public officers or employees otherwise entitled to such\nreimbursement.\n (e) The members, their representatives, officers and staff to the\nboard shall be deemed employees within the meaning of section seventeen\nof the public officers law.\n 2. Definitions. For the purposes of this section, the following terms\nshall have the respective meanings:\n (a) "Base grant amount" shall mean a grant equal to $17.5 million\ndistributed equally among independent colleges, provided however that\nfor an eligible independent college with a final fall full-time\nequivalent enrollment for the two thousand three--two thousand four\nacademic year as published by the state education department of less\nthan one hundred final full-t
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