S T A T E   O F   N E W   Y O R K
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                                  6569

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced  by  M.  of A. BURLING, FINCH, TOWNSEND, McDONOUGH, McKEVITT,
  HAWLEY -- Multi-Sponsored by -- M. of A. ALFANO, BARRA, CROUCH,  ERRI-
  GO,  SPANO,  WALKER  --  read  once  and  referred to the Committee on
  Governmental Operations

AN ACT to create a temporary state commission to study  and  investigate
  the  problems  associated with automotive safety and providing for the
  repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. A temporary state commission, to be known as the temporary
state commission on automotive safety,  is  hereby  created  to  make  a
complete study and investigation of the problems associated with vehicle
tires and tire tread separations; differential of damage caused by sport
utility  vehicles  (SUVs), pickup trucks, and trucks to smaller vehicles
during collisions; accidents caused from  the  modification  of  vehicle
design  from  the  original  manufacturer's  design;  and  child  safety
restraints.
  S 2. a. Such commission shall consist of a total  of  fifteen  members
appointed by the governor. Two such appointments shall be upon recommen-
dation  of  the temporary president of the senate, two such appointments
shall be upon recommendation of the speaker of the  assembly,  one  such
appointment  shall  be upon recommendation of the minority leader of the
senate, and one such appointment shall be  upon  recommendation  of  the
minority leader of the assembly. Of the remaining nine appointments, two
shall  be  representatives of the automotive manufacturing industry, two
shall be representatives of automotive safety organizations,  two  shall
be  representatives  of the tire manufacturing industry, and three shall
be members of the general public. Nine members of the  commission  shall
constitute  a  quorum for the transaction of any business of the commis-
sion.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04881-01-9

              

A. 6569                             2

  b. The commissioner of transportation or his  or  her  designee  shall
serve as chair of the commission.
  c.  Except  as  provided  in subdivision a of this section, no member,
officer or employee of the commission shall be disqualified from holding
any other public office or employment, nor shall he or she  forfeit  any
such office or employment by reason of his or her appointment hereunder,
notwithstanding  the  provisions  of  any general, special or local law,
ordinance or city charter.
  S 3. The department of transportation  shall  provide  the  commission
such  facilities,  assistance, and data as will enable the commission to
carry out its powers and duties. Additionally, all other departments  or
agencies  of  the state or subdivisions thereof shall, at the request of
the chair, provide the commission such facilities, assistance, and  data
as will enable the commission to carry out its powers and duties.
  S  4.  The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S 5. The commission may employ and at pleasure remove  such  personnel
as  it  may  deem necessary for the performance of its functions and fix
their compensation within the amounts made  available  by  appropriation
therefor.  The  commission may meet and hold public and/or private hear-
ings within or without the state, and shall have all  the  powers  of  a
legislative committee pursuant to the legislative law.
  S  6.  For the accomplishment of its purposes, the commission shall be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses it may deem relevant through its own personnel  or  in  cooper-
ation with or by agreement with any other public or private agency.
  S  7.  The  commission may request and shall receive from any court in
the state and from any subdivision, department, board,  bureau,  commis-
sion,  office,  agency  or  other instrumentality of the state or of any
political subdivision thereof such facilities, assistance and data as it
deems necessary or desirable for the proper execution of its powers  and
duties and to effectuate the purposes herein set forth.
  S  8.  The commission is hereby authorized and empowered to enter into
any agreements and to do and perform any acts  that  may  be  necessary,
desirable  or  proper  to  carry out the purposes and objectives of this
act.
  S 9. a. The commission shall make  a  report  of  its  findings.  Such
report  shall  include  findings detailing the problems and any possible
solutions associated with the following issues:
  1. Vehicle tires and tire tread separations;
  2. Differential of damage caused by  sport  utility  vehicles  (SUVs),
pickup trucks, and trucks to smaller vehicles during collisions;
  3.  Accidents  caused from the modification of vehicle design from the
original manufacturer's design; and
  4. Child safety restraints.
  b. The commission shall submit such report developed by it,  including
any  recommendations for legislative action as it may deem necessary and
appropriate, to the governor, the temporary president of the senate  and
the speaker of the assembly no later than the thirty-first day of Decem-
ber  in  the  year next succeeding the year in which this act shall have
become a law.
  S 10. This act shall take effect immediately  and  shall  continue  in
full force and effect until the thirty-first day of December in the year
next  succeeding the year in which it shall have become a law, when upon
such date the provisions of this act shall be deemed repealed.