§ 102. New York state gaming commission. 1. There is hereby created
within the executive department the New York state gaming commission.
The commission shall consist of seven members appointed by the governor
by and with the advice and consent of the senate. Of the seven members,
one shall be appointed upon the recommendation of the temporary
president of the senate and one shall be appointed upon the
recommendation of the speaker of the assembly. All members shall
continue in office until their successors have been appointed and
qualified.

2. Members of the commission shall each possess no less than five
years of responsible administrative experience in public or business
administration and have any one or more of the following qualifications:

(a) significant service as a certified public accountant experienced
in accounting and auditing,

(b) a comprehensive knowledge of corporate finance and securities,

(c) professional experience in gaming or racing regulatory
administration or gaming or racing industry management,

(d) significant experience in the fields of criminal investigation,
law enforcement, or law, or

(e) significant experience in the prevention or treatment of problem
gambling.

3. A member shall be designated as chair of the commission by the
governor to serve in such capacity at the pleasure of the governor or
until his or her term as commission member expires, whichever first
occurs. The members shall be appointed for terms of five years;
provided, however, that initial appointments to the commission shall be
for terms as follows:

(a) one member appointed by the governor shall serve for a one year
term, one member appointed by the governor shall serve for a two year
term, one member appointed by the governor shall serve for a three year
term, one member appointed by the governor shall serve for a four year
term, one member appointed by the governor shall serve for a five year
term; and

(b) each of the members appointed by the governor upon the
recommendation of the temporary president of the senate and upon the
recommendation of the speaker of the assembly shall serve for a four
year term.

4. The members shall, when performing the work of the commission, be
compensated at a rate of three hundred dollars per day, together with an
allowance for actual and necessary expenses incurred in the discharge of
their duties.

5. The members of the commission shall not hold any other public
office or public employment for which they shall receive compensation,
other than necessary travel or other expenses incurred in the
performance of the duties of such office or employment. Members may
engage in private employment or in a profession or business, provided,
however, such employment does not interfere or conflict with the
performance or proper discharge of his or her duties.

6. Each member of the commission shall be a resident of the state of
New York. No member of the legislature or person holding any elective or
appointive office in the federal, state or local government shall be
eligible to serve as a member of the commission.

7. The governor may remove any member for inefficiency, neglect of
duty or misconduct in office after giving him or her a copy of the
charges against them, and an opportunity of being heard in person or by
counsel in their own defense, upon not less than ten days' notice. If
such member shall be removed, the governor shall file in the office of
the department of state a complete statement of charges made against
such member, and his or her findings thereon, together with a complete
record of the proceeding.