Bill Text: NY A05753 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the appointment of a standing committee on conference to resolve differences between similar, but not identical bills and resolutions; also provides that such committee may refer bills and resolutions to sub-committees for disposition; further provides for appointment of a non-partisan counsel to make referrals to such standing committee on similar bills and resolutions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A05753 Detail]

Download: New_York-2015-A05753-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5753
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2015
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Governmental Operations
       AN  ACT  to  amend  the  legislative law, in relation to providing for a
         standing committee on conference to resolve differences between  simi-
         lar,  but  not  identical bills and resolutions passing the senate and
         assembly
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The legislative law is amended by adding a new section 54-c
    2  to read as follows:
    3    S  54-C.  STANDING  COMMITTEE  ON  CONFERENCE; REFERRAL TO CONFERENCE,
    4  APPOINTMENT OF NONPARTISAN COUNSEL FOR REFERRAL. 1. BY JANUARY FIFTH  OF
    5  EACH  YEAR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
    6  ASSEMBLY SHALL APPOINT A STANDING COMMITTEE ON CONFERENCE. SUCH  COMMIT-
    7  TEE  SHALL  BE  CONSTITUTED  BY THE FILING OF A JOINT CERTIFICATE BY THE
    8  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  WITH
    9  THE  SECRETARY OF THE SENATE AND CLERK OF THE ASSEMBLY AND SHALL CONSIST
   10  OF FIVE MEMBERS OF EACH HOUSE, INCLUDING AT LEAST  TWO  MEMBERS  OF  THE
   11  MINORITY OF EACH HOUSE. THE MEMBERS OF THE STANDING COMMITTEE ON CONFER-
   12  ENCE  MAY  BE  CHANGED BY AN AGREEMENT OF THE TEMPORARY PRESIDENT OF THE
   13  SENATE AND THE SPEAKER OF THE ASSEMBLY AT ANY TIME.
   14    THIS COMMITTEE SHALL BE KNOWN AS THE STANDING COMMITTEE ON  CONFERENCE
   15  AND:
   16    (A)  SHALL  DELIBERATE ON ALL BILLS OR RESOLUTIONS FOR CONFERENCE THAT
   17  ARE REFERRED TO IT FROM THE LEGISLATIVE LEADERS AS PROVIDED IN  SUBDIVI-
   18  SION TWO OF THIS SECTION OR AS REFERRED TO IT BY THE NONPARTISAN COUNSEL
   19  JOINTLY  APPOINTED BY THE COMMISSIONERS OF THE LEGISLATIVE BILL DRAFTING
   20  COMMISSION AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION;
   21    (B) MAY APPOINT SUCH OTHER SUBCOMMITTEES AS ARE NECESSARY TO  CONSIDER
   22  BILLS  OR  RESOLUTIONS  INVOLVING PARTICULAR TOPICS THAT ARE REFERRED TO
   23  THE STANDING COMMITTEE ON CONFERENCE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00133-01-5
       A. 5753                             2
    1    (C) SHALL INVITE THE PRIME SPONSORS OF THE BILL  FROM  EACH  HOUSE  TO
    2  PARTICIPATE AS NON-VOTING MEMBERS OF SUCH COMMITTEE.
    3    2. WHENEVER A BILL OR RESOLUTION HAS PASSED THE SENATE OR THE ASSEMBLY
    4  AND  SUCH  BILL OR RESOLUTION CONTAINS SUBSTANTIALLY THE SAME PROVISIONS
    5  OF LAW OR ACCOMPLISHES SUBSTANTIALLY THE SAME  PURPOSES  AS  A  BILL  OR
    6  RESOLUTION PASSED BY THE OTHER HOUSE, SUCH BILL OR RESOLUTION SHALL:
    7    (A)  AT THE JOINT REQUEST OF THE TEMPORARY PRESIDENT OF THE SENATE AND
    8  THE SPEAKER OF THE ASSEMBLY; OR
    9    (B) AT THE JOINT REQUEST OF THE PRIME SPONSOR OF THE  BILL  OR  RESOL-
   10  UTION  IN  THE SENATE AND THE PRIME SPONSOR OF THE BILL OR RESOLUTION IN
   11  THE ASSEMBLY; OR
   12    (C) AT THE JOINT REQUEST OF THE CHAIRS OF THE COMMITTEES WHICH  DELIB-
   13  ERATED ON THE BILL OR RESOLUTION IN EACH HOUSE
   14  BE REFERRED TO THE STANDING COMMITTEE ON CONFERENCE, WHICH SHALL DISPOSE
   15  OF THE BILL OR RESOLUTION PURSUANT TO THIS SECTION.
   16    3.  IN  THE  ALTERNATIVE, EACH BILL OR RESOLUTION PASSED BY EACH HOUSE
   17  SHALL, AT THE WRITTEN REQUEST OF ANY MEMBER OF THE LEGISLATURE, BE EXAM-
   18  INED BY A NONPARTISAN COUNSEL APPOINTED  BY  THE  COMMISSIONERS  OF  THE
   19  LEGISLATIVE  BILL  DRAFTING  COMMISSION  TO  DETERMINE WHETHER A BILL OR
   20  RESOLUTION PASSED IN ONE HOUSE IS SIMILAR TO ANY  BILLS  OR  RESOLUTIONS
   21  PASSED  IN  THE OTHER HOUSE. IF THE NONPARTISAN COUNSEL APPOINTED BY THE
   22  COMMISSIONERS OF THE LEGISLATIVE  BILL  DRAFTING  COMMISSION  DETERMINES
   23  THAT ANY BILLS OR RESOLUTIONS ARE SIMILAR UNDER THE GUIDELINES SET FORTH
   24  IN THIS SECTION, THEN SUCH BILLS OR RESOLUTIONS SHALL BE REFERRED TO THE
   25  STANDING COMMITTEE ON CONFERENCE AND THAT COMMITTEE SHALL DISPOSE OF THE
   26  SIMILAR BILLS OR RESOLUTIONS AS PROVIDED IN THIS SECTION.
   27    4.  (A) WHEN SIMILAR BILLS OR RESOLUTIONS ARE REFERRED TO THE STANDING
   28  COMMITTEE ON CONFERENCE UNDER THIS SECTION, THE COMMITTEE  SHALL  THERE-
   29  AFTER MEET WITHIN TEN CALENDAR DAYS OF THE REFERRAL AND SHALL FOLLOW THE
   30  PROCESS SET FORTH IN THIS SUBDIVISION:
   31    (I)  THE STANDING COMMITTEE ON CONFERENCE SHALL CONFERENCE THE BILL OR
   32  RESOLUTION, NEGOTIATE ANY NECESSARY CHANGES AND SHALL ISSUE A REPORT  ON
   33  THE  BILLS  OR RESOLUTIONS SUBMITTED TO IT WITHIN FIFTEEN DAYS AFTER THE
   34  REFERRAL AS PROVIDED HEREIN; OR
   35    (II) THE STANDING COMMITTEE ON CONFERENCE SHALL REFER  SUCH  BILLS  OR
   36  RESOLUTIONS  TO A SUBCOMMITTEE WITH JURISDICTION OVER THE SUBJECT MATTER
   37  OF SUCH BILLS OR RESOLUTIONS, WHICH COMMITTEE SHALL BE APPOINTED BY  THE
   38  STANDING COMMITTEE ON CONFERENCE AND WHICH SUBCOMMITTEE SHALL CONSIST OF
   39  FOUR  MEMBERS  OF  EACH HOUSE, INCLUDING ONE MEMBER OF THE MINORITY FROM
   40  EACH HOUSE.
   41    (B) IN ANY EVENT, EITHER THE STANDING COMMITTEE ON CONFERENCE  OR  THE
   42  DULY  CREATED SUBCOMMITTEE SHALL FILE A REPORT WITH THE SECRETARY OF THE
   43  SENATE OR THE CLERK OF THE ASSEMBLY WHICH SHALL:
   44    (I) CONTAIN A CONFERENCE BILL OR CONFERENCE RESOLUTION, WHICH  HAS  AN
   45  AGREED  ON TEXT AND IS SUPPORTED BY A MAJORITY OF THE STANDING COMMITTEE
   46  ON CONFERENCE MEMBERS THAT CONFERENCED THE TWO BILLS OR  RESOLUTIONS  AS
   47  WELL  AS  A  MINORITY REPORT OF THE COMMITTEE MEMBERS, IF ANY, REGARDING
   48  THE CONFERENCE BILL OR CONFERENCE RESOLUTION; OR
   49    (II) CONTAIN A REPORT OF THE STANDING COMMITTEE ON CONFERENCE DELIBER-
   50  ATIONS ON THE BILL OR RESOLUTION AND AN EXPLANATION REGARDING THE  FAIL-
   51  URE  OF  THE  COMMITTEE  TO  AGREE ON THE TEXT OF THE CONFERENCE BILL OR
   52  CONFERENCE RESOLUTION.
   53    5. ANY CONFERENCE BILL OR RESOLUTION, APPROVED BY A  MAJORITY  OF  THE
   54  STANDING COMMITTEE ON CONFERENCE OR THE DULY CREATED SUBCOMMITTEE SHALL,
   55  IF  REPORTED  FAVORABLY  TO THE SECRETARY OF THE SENATE AND THE CLERK OF
   56  THE ASSEMBLY, AND AFTER RECEIPT BY THOSE  OFFICERS  OF  EACH  HOUSE,  BE
       A. 5753                             3
    1  PLACED  ON  THE  THIRD  READING CALENDAR FOR EACH HOUSE AND SUCH BILL OR
    2  RESOLUTION SHALL  THEREAFTER  BE  SUBJECT  TO  ANY  APPROPRIATE  MOTION,
    3  INCLUDING  A  MOTION  TO DISCHARGE OR TO ADVANCE FOR DEBATE, AT ANY TIME
    4  THEREAFTER.
    5    6.   (A) THE NONPARTISAN COUNSEL APPOINTED BY THE COMMISSIONERS OF THE
    6  LEGISLATIVE BILL DRAFTING COMMISSION SHALL HAVE EXPERIENCE  IN  LEGISLA-
    7  TIVE  BILL  DRAFTING. THE COUNSEL SHALL SERVE FOR A ONE YEAR TERM, WHICH
    8  MAY BE RENEWED BY THE COMMISSIONERS OF  THE  LEGISLATIVE  BILL  DRAFTING
    9  COMMISSION  FOR  A TERM OF NO MORE THAN ONE YEAR THEREAFTER. THE COUNSEL
   10  SHALL HAVE SUCH RESOURCES AS THE LEGISLATURE MAY PERMIT.
   11    (B) IN CONSIDERING WHETHER BILLS PASSED BY BOTH  HOUSES  ARE  SIMILAR,
   12  THE  NONPARTISAN  COUNSEL  JOINTLY APPOINTED BY THE COMMISSIONERS OF THE
   13  LEGISLATIVE BILL DRAFTING COMMISSION SHALL CONSIDER, BUT NOT BE  LIMITED
   14  TO, THE FOLLOWING FACTORS:
   15    (I)  WHETHER  EACH BILL AMENDS THE SAME SECTION AND SUBDIVISION OF THE
   16  LAWS OF THE STATE OF NEW YORK;
   17    (II) WHETHER EACH BILL CONTAINS SIMILAR  LANGUAGE  AND  CONCEPTS  EVEN
   18  THOUGH IT MAY AMEND DIFFERENT SECTIONS OF STATE LAW;
   19    (III)  WHETHER  EACH  BILL INCLUDES APPROPRIATIONS FROM STATE ACCOUNTS
   20  AND BENEFITS OR IMPACTS SIMILARLY-SITUATED GROUPS OF PEOPLE; AND
   21    (IV) WHETHER EACH BILL ORIGINATED  IN  A  SIMILAR  COMMITTEE  IN  EACH
   22  HOUSE.
   23    (C) THE LEGISLATIVE BILL DRAFTING COMMISSION AND ITS NONPARTISAN COUN-
   24  SEL SHALL MAKE AN ANNUAL REPORT TO THE LEGISLATURE ON ITS DETERMINATIONS
   25  REGARDING  THE  SIMILARITY  OF BILLS AND RESOLUTIONS AND THE CREATION OF
   26  CONFERENCE COMMITTEES.
   27    S 2. This act shall take effect immediately.