S T A T E   O F   N E W   Y O R K
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                                  6007

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M.  of  A.  BURLING, FINCH, McDONOUGH, McKEVITT, HAWLEY,
  SALADINO -- Multi-Sponsored by -- M. of A. CROUCH, SPANO -- 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.
  b.  The  commissioner  of  transportation or his or her designee shall
serve as chair of the commission.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03167-01-1
              

A. 6007                             2

  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.