or malversation in office, if two-thirds of all the members elected to the senate shall concur therein. No such removal shall be made unless the person who is sought to be removed shall have been served with a copy of the charges against him and have an opportunity of being heard. On the question of removal. the yeas and nays shall be entered on the journal. The governor may convene the senate in extra session for the investigation of such charges. The senate shall have power to make such rules as it may see fit for the practice before it. At the time appointed for the investigation, the senate shall proceed to hear and try the charges against such officer, and may take proofs in relation thereto. The governor may appoint any suitable person to conduct the trial of such charges before the senate. An officer appointed by the governor by and with the advice and consent of the senate, except an officer who is or any or either of the officers who are the head of a department, and except as otherwise provided by special provision of law3 may be removed by the senate upon the recommendation of the governor. If the senate shall reject a recommendation of removal the clerk of the senate shall, by a writing signed by him and by the president and clerk of the senate, communicate the fact of such rejection to the governor. If the senate shall concur in such a recommendation the removal shall take effect upon the passage of the resolution of concurrence, and duplicate copies of such resolution, certified by the clerk and president of the senate, shall be executed and delivered by the clerk to the secretary of state. § 2. This act shall take effect immediately. CHAPTER 113 AN ACT making available for highway improvement purposes the unexpended balance of Yates county's share of the funds derived from the second fifty million dollar bond issue for the construction of state highways Became a law February 24, 1928. 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: Section 1. The sum of fourteen thousand eight hundred and eighty-one dollars and fifty cents ($14,881.50), being the unexpended balance of Yates county's share from the funds derived from the second fifty million dollar bond issue for the construction of state highways in accordance with chapter two hundred and ninety-eight of the laws of nineteen hundred and twelve, is hereby reappropriated pursuant to such chapter. The money so appro2 Words "direct the attorney-general, or may" omitted. 3 Words "except an officer who is or any or either of the officers who are the head of a department, and except as otherwise provided by special provision of law," new. priated shall be expended for the construction and improvement of highways in accordance with the provisions of chapter six hundred and twenty-six of the laws of nineteen hundred and eighteen, being section six-a of chapter two hundred and ninety-eight of the laws of nineteen hundred and twelve as amended. § 2. This act shall take effect immediately. CHAPTER 114 AN ACT authorizing the acquisition by the state of certain lands and authorizing the creation of a state debt, and making an appropriation therefor Became a law February 24, 1928, 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: of state Section 1. The creation of a state debt to the amount of nine Creation hundred and fifty thousand dollars ($950,000) is hereby authorized an to provide moneys for the acquisition of certain lands, such debt thorized. to be contracted as a part of the aggregate annual debt authorized by section fifteen of article seven of the constitution, and in the manner provided by section fourteen-a of the state finance law. tion for toga battle § 2. The sum of ninety thousand dollars ($90,000) is hereby Appropriaappropriated from the proceeds of the sale of bonds hereby au- extension thorized for the acquisition of additional lands for the extension of Saraof the Saratoga battlefield. Such moneys shall be expended and field. such lands acquired by the conservation commissioner, by purchase or by entry and appropriation in the manner provided by section fifty-nine of the conservation law. But no such lands shall be acquired and no agreement to make such purchase shall be entered into until approved by the governor, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such moneys shall be payable on the audit and warrant of the comptroller on the certificate of the conservation commissioner. extension Springs 3. The sum of two hundred and ninety thousand dollars Appropri ($290,000) is hereby appropriated from the proceeds of the sale ation for of bonds hereby authorized for the acquisition of additional lands of Saratoga for the extension of the state reservation at Saratoga Springs. reservation. Such moneys shall be expended and such lands acquired by the conservation commissioner by purchase or by entry and appropriation in the manner provided by section fifty-nine of the conservation law. Such moneys shall be payable on the audit and warrant of the comptroller on the certificate approved by the conservation commissioner. additional § 4. The sum of twenty thousand dollars ($20,000) is hereby Appropriappropriated from the proceeds of the sale of bonds hereby au- ation for thorized for the acquisition of additional lands for a tree nursery. lands for Such moneys shall be expended and such lands acquired by the nursery. tree Appropriation for extension of Bronx river park way. Appropriation for lands for Southern state park way. conservation.commissioner, by purchase or by entry and appropriation in the manner provided by section fifty-nine of the conservation law. Such moneys shall be payable on the audit and warrant of the comptroller on the certificate approved by the conservation commissioner. § 5. The sum of three hundred thousand dollars ($300,000) is hereby appropriated from the proceeds of the sale of bonds hereby authorized for the acquisition of additional lands for the extension of Bronx river parkway. Such moneys shall be expended and such lands acquired by the Westchester county park commission, as the agent of the state. They shall be acquired in the manner provided by statute for the acquisition of lands by the Westchester county park commission, but such lands when acquired shall be the property of the state. Such moneys shall be payable on the audit and warrant of the comptroller after submission to him of vouchers therefor, approved by such commission. § 6. The sum of seventy-five thousand dollars ($75,000) is additional hereby appropriated from the proceeds of the sale of bonds hereby authorized for the acquisition of additional lands for the Southern state parkway. Such moneys shall be expended and such lands acquired by the Long Island state park commission. They shall be acquired in the manner provided by statute for the acquisition of lands by the Long Island state park commission. Such moneys shall be payable on the audit and warrant of the comptroller on the certificate of such commission. Appropri ation for property adjoining Auburn state prison. Appropriation for property adjoining state school defectives § 7. The sum of one hundred and twenty-five thousand dollars ($125,000) is hereby appropriated from the proceeds of the sale of bonds hereby authorized for the acquisition of real property adjoining the grounds of the state prison at Auburn. The state office site and building commission, constituted as provided by chapter five of the laws of nineteen hundred and twenty-six,1 is hereby continued as a temporary commission to carry out the provisions of this act. Such commission is hereby authorized to purchase for the state such real property as in its judgment should be so acquired for the uses and purposes of such prison. The commission may purchase the real property embraced in the site selected or may acquire it by appropriation in the manner provided in sections two to eight inclusive of chapter five of the laws of nineteen hundred and twenty-six, which shall apply to the acquisition herein authorized. The moneys so appropriated by this section shall be paid from the state treasury upon audit and warrant of the state comptroller. 8. The sum of fifteen thousand dollars ($15,000) is hereby appropriated from the proceeds of the sale of bonds hereby authorized for the acquisition of real property adjoining the grounds. for mental of the state school for mental defectives at Rome. Such moneys shall be expended and such lands acquired by the commissioner of mental hygiene. Such moneys shall be payable on the audit and warrant of the comptroller on the certificate of the commissioner of mental hygiene. at Rome. 1 As amended by L. 1927, chs. 63, 616, 639, property Letchworth § 9. The sum of thirty-five thousand dollars ($35,000) is hereby Appropri appropriated from the proceeds of the sale of bonds hereby au- lion for thorized for the acquisition of real property adjoining the state joining institution for mental defectives at Letchworth Village, Thiells. village. Such moneys shall be expended and such lands acquired by the commissioner of mental hygiene. Such moneys shall be payable on the audit and warrant of the comptroller on the certificate of the commissioner of mental hygiene. § 10. No part of the moneys appropriated by this act shall be Not to be expended for personal service. § 11. This act shall take effect immediately. CHAPTER 115 AN ACT making an appropriation for the state's share of construction or reconstruction of rural post roads within the state, pursuant to certain acts in congress which provide that the United States shall aid in the construction of rural post roads and for other purposes: state and county highways, and the construction, reconstruction, alteration or repair of highway bridges Became a law February 24, 1928, 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: expended for personal service. Appropri Section 1. The sum of eleven million dollars ($11,000,000) is hereby appropriated from any moneys in the state treasury not ation. otherwise appropriated to be expended as follows: 1 highways purposes. 1. Seven million dollars ($7,000,000) for the payment of the For certain state's share of the cost of construction or reconstruction of state and in highways within the state, pursuant to an act of congress, entitled cidental "An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes," in accordance with the provisions of article six-a of the highway law, to be expended in the construction or reconstruction of any state highway which is described and set forth in section one hundred and twenty of the highway law; for the construction of any county highway designated and described in section one hundred and twenty-two of the highway law; for the elimination or alteration of any railroad crossing as provided in section one hundred and sixtyseven-b of the highway law; for reconstruction of any county highway; for the payment of preliminary engineering charges by the state in making surveys, and the preparation of necessary plans, specifications and estimates on such highways; for advertising; for overhead charges; for the purchase or exchange of automobiles; for traveling expenses of designated employees attending highway conference; for membership dues in the American association of state highway officials, for items disallowed by the federal government; and for the payment of the state's share of the cost of construction, reconstruction, alteration or repair of bridges authorized 139 U. S. statutes at large 355. Same. propriated under section nineteen-a of the highway law. The cost of the construction or reconstruction of such proposed federal aid highways or bridges for which such funds are made available by this act shall be borne as provided in article six-a of the highway law. If, in the opinion of the superintendent of public works, it appears at any time that there is to be a surplus in the moneys hereby appropriated over and above the amount necessary to meet the above requirements, such surplus may be expended for any of the purposes set forth in subdivision two of this act. 2.2 Four million dollars ($4,000,000) to be expended for the payment of the state's share of the cost of construction of state and county highways designated and described in sections one hundred and twenty and one hundred and twenty-two of the highway law, and indicated on maps approved by chapter eighteen of the laws of nineteen hundred and twenty-one as amended, and chapter three hundred and thirty of the laws of nineteen hundred and twentyfive. The moneys hereby appropriated, or so much thereof as may be necessary, shall be expended on those highways, indicated on such maps on which it is impracticable or inadvisable to secure Federal aid and shall be so allocated among the counties as to carry out as far as practicable the apportionment provided in section one hundred and twenty-one of the highway law, and the state's share of the cost of construction of any county highway improved from funds made available by this act shall be as provided in section one hundred and twenty-one. The moneys hereby appropriated, or so much thereof as may be necessary, shall also be available for the elimination or alteration of any railroad crossing on a state or county highway heretofore or hereafter to be constructed; and for the payment of the state's share of the cost of the construction, reconstruction, alteration or repair of bridges authorized under section nineteen-a of the highway law. Moneys ap- 3. The amounts shown to be appropriated for expenditures in by subd. 1 subdivisions one and two of this act are for the purpose of indicator 2, avail- ing the manner in which the total amount of eleven million dollars able for purposes of either. ($11,000,000) was arrived at, and the moneys appropriated by either of the subdivisions one or two of this act shall be available for the requirements or purposes set forth in either of the said two subdivisions, if, in the opinion of the superintendent of public works, said expenditure is deemed necessary and available. § 2. This act shall take effect immediately. Subd. 2 is amended by L. 1928, ch. 588, post. |