STATE OF NEW YORK
________________________________________________________________________
497
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. HOYT, PEOPLES -- read once and referred to the
Committee on Codes
AN ACT to create a temporary state commission to study the safe and
secure storage of guns at dealerships 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:
1 Section 1. A temporary state commission, to be known as the temporary
2 state commission on the safe and secure storage of guns at dealerships,
3 is hereby created to make a complete study and investigation of the
4 problems associated with maintaining safety and security of guns that
5 are stored and displayed at licensed dealerships.
6 § 2. a. Such commission shall consist of a total of seven members
7 appointed by the governor. Two such appointments shall be upon recommen-
8 dation of the temporary president of the senate, two such appointments
9 shall be upon recommendation of the speaker of the assembly, one such
10 appointment shall be upon recommendation of the minority leader of the
11 senate, and one such appointment shall be upon recommendation of the
12 minority leader of the assembly. The remaining appointment shall be made
13 by the governor and shall be the chair of the commission. Four members
14 of the commission shall constitute a quorum for the transaction of any
15 business of the commission.
16 b. No member, officer or employee of the commission shall be disquali-
17 fied from holding any other public office or employment, nor shall he or
18 she forfeit any such office or employment by reason of his or her
19 appointment hereunder, notwithstanding the provisions of any general,
20 special or local law, ordinance or city charter.
21 § 3. The office of homeland security shall provide the commission such
22 facilities and assistance as will enable the commission to carry out its
23 powers and duties. Additionally, all other departments or agencies of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02848-01-9
A. 497 2
1 the state or subdivisions thereof shall, at the request of the chair,
2 provide the commission such facilities, assistance, and data as will
3 enable the commission to carry out its powers and duties.
4 § 4. The members of the commission shall receive no compensation for
5 their services, but shall be allowed their actual and necessary expenses
6 incurred in the performance of their duties hereunder.
7 § 5. The commission may employ and at pleasure remove such personnel
8 as it may deem necessary for the performance of its functions and fix
9 their compensation within the amounts made available by appropriation
10 therefor. The commission may meet and hold public and/or private hear-
11 ings within or without the state, and shall have all the powers of a
12 legislative committee pursuant to the legislative law.
13 § 6. For the accomplishment of its purposes, the commission shall be
14 authorized and empowered to undertake any studies, inquiries, surveys or
15 analyses it may deem relevant through its own personnel or in cooper-
16 ation with or by agreement with any other public or private agency.
17 § 7. a. The commission shall make a report of its findings including
18 detailing the problems associated with the safe and secure storage and
19 display of guns and ammunition in licensed dealerships; and possible
20 solutions for the problem of licensed gun dealerships inadvertent loss
21 of guns and ammunition through robbery or theft of inventory including,
22 but not limited to, the feasibility of requiring secure storage facili-
23 ties, the feasibility of immediate reporting requirements beyond local
24 law enforcement, and the feasibility of continued tracking of such weap-
25 ons and ammunition.
26 b. The commission shall submit such report developed by it, including
27 any recommendations for legislative action as it may deem necessary and
28 appropriate, to the governor, the temporary president of the senate and
29 the speaker of the assembly no later than June 30, 2010.
30 § 8. This act shall take effect immediately and shall continue in full
31 force and effect until December 31, 2010 when upon such date the
32 provisions of this act shall expire and be deemed repealed.
