S T A T E O F N E W Y O R K
________________________________________________________________________
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.