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

                                         1649

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2009
                                      ___________

       Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
         tee on Transportation

       AN ACT in relation to creating the New York bridge  weight  limit  study
         commission

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

    1    Section 1. New York bridge weight limit study commission. 1. A  tempo-
    2  rary  commission  on  bridge weight limits is hereby created to examine,
    3  evaluate, and make recommendations concerning weight limits  on  bridges
    4  throughout New York state.  Specifically the commission shall examine at
    5  least the following:
    6    (a) The economic impact of weight limits by regions in the state;
    7    (b)  The  public  health  and safety issues implicated by these weight
    8  limits;
    9    (c) The engineering basis for these weight limit decisions; and
   10    (d) The administrative basis for these weight limit decisions.
   11    2. The commission shall consist of thirteen members, to  be  appointed
   12  as follows:
   13    (a) Seven members to be appointed by the governor; of which there must
   14  be  at  least  one  representative from the New York state department of
   15  transportation, the thruway authority, the  bridge  authority,  and  the
   16  Metropolitan  Transportation  Authority;  two members to be appointed by
   17  the temporary president of the senate; two members to  be  appointed  by
   18  the  speaker of the assembly; one member to be appointed by the minority
   19  leader of the senate; and one member to be  appointed  by  the  minority
   20  leader of the assembly.
   21    3.  The initial meeting of the commission shall be conducted not later
   22  than 90 days after the appointment of the last member of the commission.
   23  The first act of the commission shall be to select by consensus a chair-
   24  person.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04867-01-9

       A. 1649                             2

    1    4. A majority of the members shall  constitute  a  quorum  to  conduct
    2  business,  but the commission may establish a lesser quorum for conduct-
    3  ing hearings scheduled by the commission. Each  member  shall  have  one
    4  vote  and the vote of each member shall be accorded the same weight. The
    5  commission  may  establish,  by  majority  vote, any other rules for the
    6  conduct of the commission's business, insofar  as  such  rules  are  not
    7  inconsistent with this section or other applicable law.
    8    5.  The  members  of  the commission shall receive no compensation for
    9  their services, but shall be allowed their  actual,  necessary  expenses
   10  incurred  in  the  performance  of  their  duties. To the maximum extent
   11  feasible, the commission shall be entitled to request  and  receive  and
   12  shall  utilize and be provided with such facilities, resources, and data
   13  of any court, department, division, board, bureau, commission, or agency
   14  of the state or any political subdivision thereof as it deems  necessary
   15  or desirable to carry out properly its powers and duties.
   16    6.  The  commission shall submit its findings and recommendations in a
   17  report to the governor, the temporary president of the senate,  and  the
   18  speaker of the assembly not later than one year after it first convenes.
   19    S 2. This act shall take effect immediately.