§ 170. New York state tourism advisory council established. 1. There is hereby established in the department the New York state tourism advisory council which shall comprise eighteen members appointed by the governor, three on the recommendation of the temporary president of the senate; one on the recommendation of the minority leader of the senate; three on the recommendation of the speaker of the assembly; and one on the recommendation of the minority leader of the assembly. The members of the council shall serve for terms of two years, provided, however, that of the members first appointed, nine shall serve for terms of two years and nine shall serve for terms of three years. The governor shall designate the chairman from among the members of the council. The vice chairman shall be elected from among the members of the council by the members of such council, and shall represent the council in the absence of the chairman at all official council functions. The chair of the senate committee on tourism, recreation and sports development and the chair of the assembly committee on tourism, arts and sports development or their designated representatives, shall be non-voting, ex-officio members of the council and shall receive no additional compensation for their services on the advisory council.

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2. In appointing the members of the council, the governor shall ensure that such members include representatives of organizations of tourism-related industries in the state including, but not limited to, travel and vacation businesses, convention bureaus, cultural institutions, theme parks and attractions, hotels and motels, restaurants, water-based recreation businesses, campgrounds, ski facilities, wineries, halls of fame, travel agents and transportation companies.

3. The members of the council shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties as council members.

4. The council shall meet at least five times a year including no less than three times between January first and May thirty-first, at the call of the commissioner or the chairman of the council.

5. Unless a member has been excused from attendance at such meetings by the chairman or vice-chairman upon good cause being shown, any member who fails to attend three consecutive meetings shall be deemed to have resigned. Any vacancy on the council shall be filled for the remaining term of the individual replaced. The appointment to fill such vacancy shall be made in the same manner as the original appointment was made.

6. The department shall provide necessary technical and staff assistance to the council. Any department, division, board, bureau, commission, authority or agency of the state, as such shall determine appropriate, is authorized to provide such information, cooperation, or assistance as may be requested by the council to carry out the purposes of this article.