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2008 NY Att'y Gen. Rep. & Op. 1 (2008)

handle is hein.nyattgen/nysag0129 and id is 1 raw text is: OPINIONS
OF THE NEW YORK STATE
ATTORNEY GENERAL
Opn. No. F 2008-1
29 United States Code §§ 796c, 796d, 796d(b)(2)(B); General Construction
Law § 41
Thirteen voting members of the Council constitute a quorum, and
at least thirteen voting members must approve a motion for it to
pass.
You have requested an opinion regarding the quorum and
voting number requirements applicable to the New York State
Independent Living Council (Council). The Council is es-
tablished pursuant to 29 U.S.C. § 796d, and is responsible for
developing the State's plan for independent living. Id. § 796c.
You have explained that the Council is composed of twenty-
four voting members and several ex officio members who, by
statute, may not vote, id. § 796d(b)(2)(B). The voting mem-
bers are appointed by the Board of Regents. The ex officio
members are representatives of state agencies that provide
services for individuals with disabilities. Id.; see also By-
Laws of the New York State Independent Living Council -
2.7(2).
In Op. Att'y Gen. No. 97-Fl 1, we concluded that the mem-
bers of the Council were public officers, and that the Council
was subject to the voting requirements of General Con-
struction Law § 41. Applying section 41, we concluded that