§ 2642-c. Chautauqua, Cattaraugus, Allegany and Steuben southern tier
extension railroad authority. 1. There is hereby created the
"Chautauqua, Cattaraugus, Allegany and Steuben southern tier extension
railroad authority" which shall be a body corporate and politic
constituting a public benefit corporation.

2. The authority shall continue for thirty years from the effective
date of this title, or so long as it shall have bonds or other
obligations outstanding or until its existence shall otherwise be
terminated by law. Upon the termination of the existence of the
authority, all its rights and properties shall pass to and be vested in
the participating counties pursuant to any agreements among the
participating counties and the authority.

3. The authority shall adopt by-laws governing its operation and keep
a record of its resolutions, transactions, findings and determinations,
which record shall be a public record.

4. The authority shall consist of the following fourteen members:

(a) The county legislative bodies of Chautauqua, Cattaraugus, Allegany
and Steuben counties each shall appoint three voting members of the
authority who shall be residents of such county, upon the recommendation
of the chief executive (county executive or chair of the county
legislative body) of each such county; and

(b) The southern tier west regional planning and development board,
upon the recommendation of the chairperson of such board, shall appoint
one member of the authority, who shall be a resident of one of the
counties of Chautauqua, Cattaraugus, Allegany or Steuben.

(c) The Seneca Nation of Indians may appoint a member of such Nation
to serve in an advisory non-voting capacity.

5. The term of office of members of the authority shall be three
years. Four of the initial members of the authority shall serve a one
year term, four shall serve a two year term and six, including the
members appointed by the southern tier west regional planning and
development board, and the Seneca Nation of Indians shall serve a three
year term, provided that at the inception of the authority, each county
shall appoint one member to hold office for three years, one for two
years and one for one year.

6. All members shall continue to hold office until their successors
are appointed and qualified. The resignation of any member shall be
filed with the appointing authority and shall be effective when so
filed. Vacancies occurring otherwise than by expiration of term of
office shall be filled for the unexpired term in the same manner as
provided for the original appointment.

7. The chairperson, vice-chairperson, secretary, and other necessary
officers shall be named by a majority vote of all the voting members to
serve for such period as the members shall decide. The chairperson shall
preside over the meetings of the authority and shall appoint members of
the authority to committees established by the authority to assist the
authority in carrying out its duties.

8. Any member of the authority may be removed by resolution of the
entity which appointed such member either for cause or for
non-compliance with minimum requirements relating to meeting attendance
and other criteria as may be established by resolution of such entity.

9. No person shall be precluded from serving as a member of the
authority as appointed by a county legislative body, the southern tier
west regional planning and development board or the Seneca Nation of
Indians pursuant to this section because such member is an elected or
appointed official of a municipality, except that no member of the
authority shall vote on any matter before the authority which has been
the subject of a proposal, application or vote before the municipality
where he or she serves in such elected or appointed capacity.

10. The members of the authority shall receive no salary or
compensation for their services, but may be reimbursed for authorized,
actual and necessary travel and expenditures.

11. A majority of the whole number of voting members of the authority
then in office shall constitute a quorum for the transaction of any
business or the exercise of any power of the authority. Notwithstanding
any provision of statute or law to the contrary and except as otherwise
specified in this title, for the transaction of any business or the
exercise of any power of the authority, the authority shall have power
to act by a majority of the whole number of voting members of the
authority.

12. The authority shall be deemed a state agency for purposes of
section seventy-four of the public officers law, provided, however, that
no non-voting member of the authority shall be deemed an officer or
employee of a state agency.