Bill Text: NY S04001 | 2019-2020 | General Assembly | Amended


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 6-0)

Status: (Engrossed) 2019-04-10 - referred to governmental operations [S04001 Detail]

Download: New_York-2019-S04001-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4001--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 22, 2019
                                       ___________
        Introduced  by Sens. KRUEGER, BAILEY, HOYLMAN, LIU, SERRANO, STAVISKY --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Investigations and Government Operations -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06764-02-9

        S. 4001--A                          2
     1  speaker of the assembly at least one hour prior to the  commencement  of
     2  such committee meeting.
     3    This  committee shall be known as the standing committee on conference
     4  and:
     5    (a) shall deliberate on all bills or resolutions for  conference  that
     6  are  referred to it from the legislative leaders as provided in subdivi-
     7  sion two of this section or as referred to it by the nonpartisan counsel
     8  jointly appointed by the commissioners of the legislative bill  drafting
     9  commission as provided in subdivision three of this section;
    10    (b)  may appoint such other subcommittees as are necessary to consider
    11  bills or resolutions involving particular topics that  are  referred  to
    12  the standing committee on conference; and
    13    (c)  shall  invite  the  prime sponsors of the bill from each house to
    14  participate as non-voting members of such committee.
    15    2. Whenever a bill or resolution has passed the senate or the assembly
    16  and such bill or resolution contains substantially the  same  provisions
    17  of  law  or  accomplishes  substantially  the same purposes as a bill or
    18  resolution passed by the other house, such bill or resolution shall:
    19    (a) at the joint request of the temporary president of the senate  and
    20  the speaker of the assembly; or
    21    (b)  at  the  joint request of the prime sponsor of the bill or resol-
    22  ution in the senate and the prime sponsor of the bill or  resolution  in
    23  the assembly; or
    24    (c)  at the joint request of the chairs of the committees which delib-
    25  erated on the bill or resolution in each house
    26  be referred to the standing committee on conference, which shall dispose
    27  of the bill or resolution pursuant to this section.
    28    3. In the alternative, each bill or resolution passed  by  each  house
    29  shall, at the written request of any member of the legislature, be exam-
    30  ined  by  a  nonpartisan  counsel  appointed by the commissioners of the
    31  legislative bill drafting commission to  determine  whether  a  bill  or
    32  resolution  passed  in  one house is similar to any bills or resolutions
    33  passed in the other house. If the nonpartisan counsel appointed  by  the
    34  commissioners  of  the  legislative  bill drafting commission determines
    35  that any bills or resolutions are similar under the guidelines set forth
    36  in this section, then such bills or resolutions shall be referred to the
    37  standing committee on conference and that committee shall dispose of the
    38  similar bills or resolutions as provided in this section.
    39    4. (a) When similar bills or resolutions are referred to the  standing
    40  committee  on  conference under this section, the committee shall there-
    41  after meet within ten calendar days of the referral and shall follow the
    42  process set forth in this subdivision:
    43    (i) the standing committee on conference shall conference the bill  or
    44  resolution,  negotiate any necessary changes and shall issue a report on
    45  the bills or resolutions submitted to it within fifteen days  after  the
    46  referral as provided herein; or
    47    (ii)  the  standing  committee on conference shall refer such bills or
    48  resolutions to a subcommittee with jurisdiction over the subject  matter
    49  of  such bills or resolutions, which committee shall be appointed by the
    50  standing committee on conference and which subcommittee shall consist of
    51  four members of each house, including one member of  the  minority  from
    52  each house.
    53    (b)  In  any event, either the standing committee on conference or the
    54  duly created subcommittee shall file a report with the secretary of  the
    55  senate or the clerk of the assembly which shall:

        S. 4001--A                          3
     1    (i)  contain  a conference bill or conference resolution, which has an
     2  agreed on text and is supported by a majority of the standing  committee
     3  on  conference members that conferenced the two bills or  resolutions as
     4  well as a minority report of the committee members,  if  any,  regarding
     5  the conference bill or conference resolution; or
     6    (ii) contain a report of the standing committee on conference deliber-
     7  ations  on the bill or resolution and an explanation regarding the fail-
     8  ure of the committee to agree on the text  of  the  conference  bill  or
     9  conference resolution.
    10    5.  Any  conference  bill or resolution, approved by a majority of the
    11  standing committee on conference or the duly created subcommittee shall,
    12  if reported favorably to the secretary of the senate and  the  clerk  of
    13  the  assembly,  and  after  receipt  by those officers of each house, be
    14  placed on the third reading calendar for each house  and  such  bill  or
    15  resolution  shall  thereafter  be  subject  to  any  appropriate motion,
    16  including a motion to discharge or to advance for debate,  at  any  time
    17  thereafter.
    18    6.   (a) The nonpartisan counsel appointed by the commissioners of the
    19  legislative bill drafting commission shall have experience  in  legisla-
    20  tive  bill  drafting. The counsel shall serve for a one year term, which
    21  may be renewed by the commissioners of  the  legislative  bill  drafting
    22  commission  for  a term of no more than one year thereafter. The counsel
    23  shall have such resources as the legislature may permit.
    24    (b) In considering whether bills passed by both  houses  are  similar,
    25  the  nonpartisan  counsel  jointly appointed by the commissioners of the
    26  legislative bill drafting commission shall consider, but not be  limited
    27  to considering, the following factors:
    28    (i)  whether  each bill amends the same section and subdivision of the
    29  laws of the state of New York;
    30    (ii) whether each bill contains similar  language  and  concepts  even
    31  though it may amend different sections of state law;
    32    (iii)  whether  each  bill includes appropriations from state accounts
    33  and benefits or impacts similarly-situated groups of people; and
    34    (iv) whether each bill originated  in  a  similar  committee  in  each
    35  house.
    36    (c) The legislative bill drafting commission and its nonpartisan coun-
    37  sel shall make an annual report to the legislature on its determinations
    38  regarding  the  similarity  of bills and resolutions and the creation of
    39  conference committees.
    40    § 2. This act shall take effect immediately.
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