Bill Text: NY A06701 | 2021-2022 | General Assembly | Introduced
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) 2022-01-05 - referred to governmental operations [A06701 Detail]
Download: New_York-2021-A06701-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6701 2021-2022 Regular Sessions IN ASSEMBLY March 25, 2021 ___________ Introduced by M. of A. GALEF -- read once and referred to the Committee 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-b 2 to read as follows: 3 § 54-b. 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. The standing 10 committee on conference shall be composed of majority conference and 11 minority conference members in the same proportion as the number of 12 majority conference and minority conference members in the senate and 13 assembly relative to the total membership of the senate and assembly. 14 For purposes of committee composition, in the event that the proportion 15 of either majority conference members would result in a fractional 16 amount, the number of majority conference members shall be rounded up to 17 the next whole number. Further, in the case of an excused absence of any 18 committee member such committee may designate an alternate member of the 19 conference for meetings of such committees provided written notice is 20 provided and accepted by the temporary president of the senate and the 21 speaker of the assembly at least one hour prior to the commencement of 22 such committee meeting. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07227-01-1A. 6701 2 1 This committee shall be known as the standing committee on conference 2 and: 3 (a) shall deliberate on all bills or resolutions for conference that 4 are referred to it from the legislative leaders as provided in subdivi- 5 sion two of this section or as referred to it by the nonpartisan counsel 6 jointly appointed by the commissioners of the legislative bill drafting 7 commission as provided in subdivision three of this section; 8 (b) may appoint such other subcommittees as are necessary to consider 9 bills or resolutions involving particular topics that are referred to 10 the standing committee on conference; and 11 (c) shall invite the prime sponsors of the bill from each house to 12 participate as non-voting members of such committee. 13 2. Whenever a bill or resolution has passed the senate or the assembly 14 and such bill or resolution contains substantially the same provisions 15 of law or accomplishes substantially the same purposes as a bill or 16 resolution passed by the other house, such bill or resolution shall: 17 (a) at the joint request of the temporary president of the senate and 18 the speaker of the assembly; or 19 (b) at the joint request of the prime sponsor of the bill or resol- 20 ution in the senate and the prime sponsor of the bill or resolution in 21 the assembly; or 22 (c) at the joint request of the chairs of the committees which delib- 23 erated on the bill or resolution in each house 24 be referred to the standing committee on conference, which shall dispose 25 of the bill or resolution pursuant to this section. 26 3. In the alternative, each bill or resolution passed by each house 27 shall, at the written request of any member of the legislature, be exam- 28 ined by a nonpartisan counsel appointed by the commissioners of the 29 legislative bill drafting commission to determine whether a bill or 30 resolution passed in one house is similar to any bills or resolutions 31 passed in the other house. If the nonpartisan counsel appointed by the 32 commissioners of the legislative bill drafting commission determines 33 that any bills or resolutions are similar under the guidelines set forth 34 in this section, then such bills or resolutions shall be referred to the 35 standing committee on conference and that committee shall dispose of the 36 similar bills or resolutions as provided in this section. 37 4. (a) When similar bills or resolutions are referred to the standing 38 committee on conference under this section, the committee shall there- 39 after meet within ten calendar days of the referral and shall follow the 40 process set forth in this subdivision: 41 (i) the standing committee on conference shall conference the bill or 42 resolution, negotiate any necessary changes and shall issue a report on 43 the bills or resolutions submitted to it within fifteen days after the 44 referral as provided herein; or 45 (ii) the standing committee on conference shall refer such bills or 46 resolutions to a subcommittee with jurisdiction over the subject matter 47 of such bills or resolutions, which committee shall be appointed by the 48 standing committee on conference and which subcommittee shall consist of 49 four members of each house, including one member of the minority from 50 each house. 51 (b) In any event, either the standing committee on conference or the 52 duly created subcommittee shall file a report with the secretary of the 53 senate or the clerk of the assembly which shall: 54 (i) contain a conference bill or conference resolution, which has an 55 agreed on text and is supported by a majority of the standing committee 56 on conference members that conferenced the two bills or resolutions asA. 6701 3 1 well as a minority report of the committee members, if any, regarding 2 the conference bill or conference resolution; or 3 (ii) contain a report of the standing committee on conference deliber- 4 ations on the bill or resolution and an explanation regarding the fail- 5 ure of the committee to agree on the text of the conference bill or 6 conference resolution. 7 5. Any conference bill or resolution, approved by a majority of the 8 standing committee on conference or the duly created subcommittee shall, 9 if reported favorably to the secretary of the senate and the clerk of 10 the assembly, and after receipt by those officers of each house, be 11 placed on the third reading calendar for each house and such bill or 12 resolution shall thereafter be subject to any appropriate motion, 13 including a motion to discharge or to advance for debate, at any time 14 thereafter. 15 6. (a) The nonpartisan counsel appointed by the commissioners of the 16 legislative bill drafting commission shall have experience in legisla- 17 tive bill drafting. The counsel shall serve for a one year term, which 18 may be renewed by the commissioners of the legislative bill drafting 19 commission for a term of no more than one year thereafter. The counsel 20 shall have such resources as the legislature may permit. 21 (b) In considering whether bills passed by both houses are similar, 22 the nonpartisan counsel jointly appointed by the commissioners of the 23 legislative bill drafting commission shall consider, but not be limited 24 to considering, the following factors: 25 (i) whether each bill amends the same section and subdivision of the 26 laws of the state of New York; 27 (ii) whether each bill contains similar language and concepts even 28 though it may amend different sections of state law; 29 (iii) whether each bill includes appropriations from state accounts 30 and benefits or impacts similarly-situated groups of people; and 31 (iv) whether each bill originated in a similar committee in each 32 house. 33 (c) The legislative bill drafting commission and its nonpartisan coun- 34 sel shall make an annual report to the legislature on its determinations 35 regarding the similarity of bills and resolutions and the creation of 36 conference committees. 37 § 2. This act shall take effect immediately.
