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Payment

of in-
debtedness
by West-
chester

County to
New York

city.

Bronx parkway commis

terminated.

Transfer

of em

ployees.

the county of Westchester shall thereupon reimburse the city of New York to the extent of one-fourth of such payments, made for death benefits or compensation, costs and fees. The board of supervisors of the county of Westchester shall proceed to raise by tax levy assessed upon the taxable real estate and personal property in said county an amount, each year, necessary to pay the amount due to the city of New York as herein before provided and shall forthwith pay over such amount to the comptroller of the city of New York, to be by him applied to the payment of such indebtedness due from Westchester county to the city of New York. At the conclusion of said December thirty-first the corporate existence of the Bronx parkway commission as a body politic shall terminate, sion the commissioners constituting it shall be discharged from all obligations, responsibility, liability and further duty respecting it, and each of its employees shall be eligible for transfer within a period of two years notwithstanding any eligible list of positions of similar grade or compensation in the "state service" as the term is defined in the civil service law or to employment by the city of New York. No such transfer or transfers shall be made to the state service without the approval by the state civil service commission nor shall any transfer to employment by the city of New York be made without the approval of both the state civil service commission and the municipal civil service commission of said city, and such transfer shall be subject to present pension rights pursuant to section seventy-three of the civil service law. Ordinances Any ordinance or ordinances adopted by said commission under the provisions of section five of this act shall become inoperative operative. after said December thirty-first, but nothing in this act contained shall be a bar to a conviction or sentence for a violation committed prior to said December thirty-first of any of said ordinances. Payment of § 18-c. Immediately following said December thirty-first, the debts and comptroller of the city of New York shall transmit to the treasurer of Westchester county who shall place the same to the credit of the Westchester county park commission, the balance of any moneys in his hands on said December thirty-first, appropriated either by the county of Westchester or by the city of New York under section sixteen of this act, less any commitments or charges against the same existing on said December thirty-first, as shown by voucher or requisition of the Bronx parkway commission received by him prior to said date, and also less the estimated amounts then unpaid and to become due upon any contract, or contracts, made by said commission and payable from said amounts so appropriated plus a reserve of ten per centum, on each of said estimated amounts, and the said comptroller shall apply the several amounts reserved for the payment of said contracts to the payment thereof, as and when the same shall become due, upon the voucher or requisition of the Westchester county park commission. After the final payment has been made on any such contract the ten per centum, reserved therefor or any part thereof may be applied to the payment of any amount due under any other of such contracts. Immediately after the final payment upon the last contract re

to become

in

existing

contracts.

maining unpaid, the said comptroller shall then forthwith transmit to the treasurer of Westchester county, who shall place the same to the credit of the Westchester county park commission, all of the remaining balances reserved under the provisions of this section for the expenses authorized in section sixteen of this act, and said Westchester county park commission shall apply all balances received from said comptroller under the provisions of this section to the payment of such expenses.

of moneys

ated

and

§ 18-d. Immediately following said thirty-first day of December Disposition the comptroller of the city of New York shall pay one-fourth of of balance the amount of the unencumbered balance, if any, as of said date, appropri of moneys in his possession and appropriated under section eight- for salaries een of this act to the treasurer of Westchester county who shall expenses. place the same to the credit of the Westchester county park commission, and said comptroller shall apply the remaining threefourths of said balance, together with the amount, if any, received by him from the Bronx parkway commission for the benefit of the city of New York, as the board of estimate and apportionment of the city of New York may direct.

§ 4. This act shall take effect immediately.

CHAPTER 198

AN ACT to amend the conservation law and the public lands law, in relation to the membership of the state council of parks, determining the jurisdiction, control and management of certain state parks and parkways, and creating the central New York state parks commission and the Taconic state park commission.

Became a law April 1, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 130

Section 1. Section one hundred and thirty of article four-a of L. 1911, chapter six hundred and forty-seven of the laws of nineteen hun- ch. 647, dred and eleven, entitled "An act relating to conservation of land, amended. forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter one hundred and eighty-nine of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

§ 130. Council of parks; members. The state council of parks shall consist of the conservation commissioner, the president of the commissioners of the Palisades interstate park, the chairman of the Allegany state park, the president of the New York state reservation at Niagara, the president of the Westchester county park commission, the president of the American Scenic and Historic Preservation Society, the director of the state museum, the chairman of the Finger Lakes state parks commission, the chairman of the Central New York state parks commission, the chairman of the Taconic state park commission, the president of the

& 138 added.

Erie county park commission1 and the president of the Long Island state park commission. The council shall elect a chairman and vice-chairman from among its members. Members of the council may be represented at its meetings by their commissioners, managers, trustees, or executive employees of their respective commissions, boards or organizations. No member of the council except the secretary, and no representative of a member shall receive any compensation for his services as a member of the council but each member or representative shall be entitled to receive his actual disbursements and expenses in performing the duties of his office.

§ 2. Article four-a of said chapter is hereby amended by adding a new section, to be section one hundred and thirty-eight, to read as follows:

§ 138. Jurisdiction of certain parks and parkways.

(1) In addition to the powers now conferred upon it in relation to parks and parkways in the Finger Lakes region, the Finger Lakes state parks commission shall have the power to establish, acquire, control and manage other state parks and parkways in the counties of Wayne, Ontario, Steuben, Chemung, Schuyler, Yates, Tioga, Tompkins, Seneca and Cayuga, except the watershed of Skaneateles lake, and to acquire lands for such purposes when moneys have been appropriated therefor. Such commission shall have all the powers and perform all the duties in relation to such other parks and parkways so acquired as are specified in article ten of the public lands law. (2) In addition to the powers now conferred upon them in relation to the state reservation at Niagara, the commissioners of such reservation shall have power to establish, acquire, control and manage other state parks and parkways in the county of Niagara, and to acquire lands for such purposes when moneys have been appropriated therefor. Said commissioners shall have all the powers and perform all the duties in relation to such other parks and parkways so acquired as are specified in article nine of the public lands law. (3) In addition to the powers now conferred upon them in relation to the Allegany state park, the commissioners of such park shall have power to establish, acquire, control and manage other state parks and parkways in the counties of Allegany, Cattaraugus and Chautauqua, and to acquire lands for such purposes when moneys have been appropriated therefor. Said commissioners shall have all the powers and perform all the duties in relation to such other parks and parkways so acquired as they now possess or are required to perform in relation to the Allegany state park. (4) In addition to the powers now conferred upon it in relation to the Letchworth park, the American Scenic and Historic Preservation Society shall have the power to acquire, control and manage other state parks and parkways in the counties of Orleans, Monroe, Genesee, Wyoming and Livingston, and to acquire lands for such purposes

1 Words "the chairman of the Central New York state parks commission, the chairman of the Taconic state park commission, the president of the Erie county park commission," substituted for words "if created, and if not created a resident of the Finger Lakes region designated by the governor."

when moneys have been appropriated therefor. Such society shall have all the powers and perform all the duties in relation to such other parks and parkways as it now possesses or is required to perform in relation to the Letchworth park. The powers of the American Scenic and Historic Preservation Society hereby conferred shall be exercised by the committee of such society in charge of Letchworth park with the approval of the state council of parks. (5) In addition to the powers now conferred upon it, the conservation commission shall have power to establish, acquire, control and manage other state parks and parkways in the forest preserve counties and in the counties of Albany, Jefferson, Montgomery, Schenectady and Schoharie, and to acquire lands for such purposes when moneys have been appropriated therefor. Said commission shall have all the powers and perform all the duties in relation to such other parks and parkways so acquired as it now possesses or is required to perform in relation to the preserves, parks and other state lands described in article four of the conservation law. (6) In addition to the powers now conferred upon it by chapter six hundred and thirty-eight of the laws of nineteen hundred and twenty-four, the Erie county park commission, as agent of the state, shall have power to establish, acquire, control and manage state parks and parkways in the county of Erie, and to acquire lands for such purposes when moneys have been appropriated therefor. Lands for such parks and parkways shall be acquired in the manner provided by law for the acquisition of lands by the Erie county park commission, but such lands, when acquired, and improvements thereon, shall be the property of the state.

(§§ 140

§ 3. Chapter fifty of the laws of nineteen hundred and nine, Art. 15 entitled "An act relating to the public lands, constituting chapter 146) forty-six of the consolidated laws," is hereby amended by insert- added to ing therein, after article fourteen, a new article fifteen, to read ch. 50. as follows:

ARTICLE 15.

CENTRAL NEW YORK STATE PARKS COMMISSION. Section 140. Central New York state parks commission.

141. Officers; treasurer's undertaking.

142. Powers and duties of board of commissioners.*
143. Purposes of reservations and parks.*
144. Gifts of property for purposes of parks.*
145. Annual report; quarterly accounts.
146. Payment of moneys appropriated.

§ 140. Central New York state parks commission. There is hereby created the Central New York state parks commission consisting of five persons to be appointed by the governor by and with the advice and consent of the senate. The term of a commissioner shall be five years from the first day of February of the calendar year in which he shall be appointed, excepting that the commis* So in original. [Does not conform to section heading.]

L. 1909,

sioners first appointed shall be appointed for such terms that the term of one commissioner shall expire on the thirty-first day of January, nineteen hundred and twenty-six, and the term of one commissioner shall expire on the thirty-first day of January of each year thereafter. Upon the expiration of any term, the successor shall be appointed in like manner for a full term. Vacancies shall be filled by appointments for the unexpired term. Of the commissioners on said commission, at least four shall reside in the district within which the commission is authorized to exercise its powers. No member of such commission shall receive any compensation, but shall be entitled to his actual and necessary expenses in performing the duties of his office.

§ 141. Officers; treasurer's undertaking. The commission shall select from its members a chairman, a vice-chairman, and a treasurer. The commission shall select a secretary who may be from among its members; if a commissioner is selected as secretary he may also act as treasurer. The treasurer shall give an official undertaking in such sum as the commission shall determine.

§ 142. Powers and duties of commission. Such commission shall (1) Have power to establish state parks and parkways and to acquire lands for such purposes, when moneys have been appropriated therefor, within the counties of Oswego, Onondaga, Madison, Cortland, Chenango, Otsego and Broome, and in the watershed of Skaneateles lake, such lands to be acquired by purchase, or by entry and appropriation, under the provisions of section fifty-nine of the conservation law, or by condemnation under the provisions of chapter nine hundred and twenty-three of the laws of nineteen hundred and twenty, known as the condemnation law, and amendments thereto.

(2) Have the control and management of any park or parkway so established and make and enforce rules and regulations necessary to effect the purposes thereof not inconsistent with law.

(3) Employ such persons as may be provided for by appropriation to assist in the management and to care for such parks and parkways, and fix their compensation within the amounts appropriated therefor.

(4) Have power to sell all personal property, supplies, chattels, material and profits a prendre which it determines to be not necessary or desirable for the uses and purposes of such reservations and parks, and have power and authority, notwithstanding the provisions of section thirty-seven of the state finance law, to expend all moneys received from the sale of such personal property, supplies, chattels, material and profits a prendre and from the operation of the park and concessions thereon for the extension, development, operation and maintenance of such reservations and parks in such manner as the commission may determine.

(5) Have power to fix the price to be charged by drivers of public conveyances for carrying persons for hire within the limits of such parks, and the price to be charged by guides for their services.

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