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

                                  3853

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A. BING, BRADLEY, ESPAILLAT, GUNTHER, ROSENTHAL,
  CAHILL, MAGNARELLI -- Multi-Sponsored by -- M. of A.  BRENNAN,  CHRIS-
  TENSEN,  COLTON,  HYER-SPENCER,  KOON,  MAGEE, PHEFFER, WALKER -- 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:

  Section 1. The legislative law is amended by adding a new section 54-b
to read as follows:
  S 54-B. STANDING COMMITTEE  ON  CONFERENCE;  REFERRAL  TO  CONFERENCE,
APPOINTMENT  OF NONPARTISAN COUNSEL FOR REFERRAL. 1. BY JANUARY FIFTH OF
EACH YEAR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE
ASSEMBLY  SHALL APPOINT A STANDING COMMITTEE ON CONFERENCE. SUCH COMMIT-
TEE SHALL BE CONSTITUTED BY THE FILING OF A  JOINT  CERTIFICATE  BY  THE
TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY WITH
THE SECRETARY OF THE SENATE AND CLERK OF THE ASSEMBLY AND SHALL  CONSIST
OF  FIVE  MEMBERS  OF  EACH HOUSE, INCLUDING AT LEAST TWO MEMBERS OF THE
MINORITY OF EACH HOUSE. THE MEMBERS OF THE STANDING COMMITTEE ON CONFER-
ENCE MAY BE CHANGED BY AN AGREEMENT OF THE TEMPORARY  PRESIDENT  OF  THE
SENATE AND THE SPEAKER OF THE ASSEMBLY AT ANY TIME.
  THIS  COMMITTEE SHALL BE KNOWN AS THE STANDING COMMITTEE ON CONFERENCE
AND:
  (A) SHALL DELIBERATE ON ALL BILLS OR RESOLUTIONS FOR  CONFERENCE  THAT
ARE  REFERRED TO IT FROM THE LEGISLATIVE LEADERS AS PROVIDED IN SUBDIVI-
SION TWO OF THIS SECTION OR AS REFERRED TO IT BY THE NONPARTISAN COUNSEL
JOINTLY APPOINTED BY THE COMMISSIONERS OF THE LEGISLATIVE BILL  DRAFTING
COMMISSION AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04850-02-9

              

A. 3853                             2

  (B)  MAY APPOINT SUCH OTHER SUBCOMMITTEES AS ARE NECESSARY TO CONSIDER
BILLS OR RESOLUTIONS INVOLVING PARTICULAR TOPICS THAT  ARE  REFERRED  TO
THE STANDING COMMITTEE ON CONFERENCE; AND
  (C)  SHALL  INVITE  THE  PRIME SPONSORS OF THE BILL FROM EACH HOUSE TO
PARTICIPATE AS NON-VOTING MEMBERS OF SUCH COMMITTEE.
  2. WHENEVER A BILL OR RESOLUTION HAS PASSED THE SENATE OR THE ASSEMBLY
AND SUCH BILL OR RESOLUTION CONTAINS SUBSTANTIALLY THE  SAME  PROVISIONS
OF  LAW  OR  ACCOMPLISHES  SUBSTANTIALLY  THE SAME PURPOSES AS A BILL OR
RESOLUTION PASSED BY THE OTHER HOUSE, SUCH BILL OR RESOLUTION SHALL:
  (A) AT THE JOINT REQUEST OF THE TEMPORARY PRESIDENT OF THE SENATE  AND
THE SPEAKER OF THE ASSEMBLY; OR
  (B)  AT  THE  JOINT REQUEST OF THE PRIME SPONSOR OF THE BILL OR RESOL-
UTION IN THE SENATE AND THE PRIME SPONSOR OF THE BILL OR  RESOLUTION  IN
THE ASSEMBLY; OR
  (C)  AT THE JOINT REQUEST OF THE CHAIRS OF THE COMMITTEES WHICH DELIB-
ERATED ON THE BILL OR RESOLUTION IN EACH HOUSE
BE REFERRED TO THE STANDING COMMITTEE ON CONFERENCE, WHICH SHALL DISPOSE
OF THE BILL OR RESOLUTION PURSUANT TO THIS SECTION.
  3. IN THE ALTERNATIVE, EACH BILL OR RESOLUTION PASSED  BY  EACH  HOUSE
SHALL, AT THE WRITTEN REQUEST OF ANY MEMBER OF THE LEGISLATURE, BE EXAM-
INED  BY  A  NONPARTISAN  COUNSEL  APPOINTED BY THE COMMISSIONERS OF THE
LEGISLATIVE BILL DRAFTING COMMISSION TO  DETERMINE  WHETHER  A  BILL  OR
RESOLUTION  PASSED  IN  ONE HOUSE IS SIMILAR TO ANY BILLS OR RESOLUTIONS
PASSED IN THE OTHER HOUSE. IF THE NONPARTISAN COUNSEL APPOINTED  BY  THE
COMMISSIONERS  OF  THE  LEGISLATIVE  BILL DRAFTING COMMISSION DETERMINES
THAT ANY BILLS OR RESOLUTIONS ARE SIMILAR UNDER THE GUIDELINES SET FORTH
IN THIS SECTION, THEN SUCH BILLS OR RESOLUTIONS SHALL BE REFERRED TO THE
STANDING COMMITTEE ON CONFERENCE AND THAT COMMITTEE SHALL DISPOSE OF THE
SIMILAR BILLS OR RESOLUTIONS AS PROVIDED IN THIS SECTION.
  4. (A) WHEN SIMILAR BILLS OR RESOLUTIONS ARE REFERRED TO THE  STANDING
COMMITTEE  ON  CONFERENCE UNDER THIS SECTION, THE COMMITTEE SHALL THERE-
AFTER MEET WITHIN TEN CALENDAR DAYS OF THE REFERRAL AND SHALL FOLLOW THE
PROCESS SET FORTH IN THIS SUBDIVISION:
  (I) THE STANDING COMMITTEE ON CONFERENCE SHALL CONFERENCE THE BILL  OR
RESOLUTION,  NEGOTIATE ANY NECESSARY CHANGES AND SHALL ISSUE A REPORT ON
THE BILLS OR RESOLUTIONS SUBMITTED TO IT WITHIN FIFTEEN DAYS  AFTER  THE
REFERRAL AS PROVIDED HEREIN; OR
  (II)  THE  STANDING  COMMITTEE ON CONFERENCE SHALL REFER SUCH BILLS OR
RESOLUTIONS TO A SUBCOMMITTEE WITH JURISDICTION OVER THE SUBJECT  MATTER
OF  SUCH BILLS OR RESOLUTIONS, WHICH COMMITTEE SHALL BE APPOINTED BY THE
STANDING COMMITTEE ON CONFERENCE AND WHICH SUBCOMMITTEE SHALL CONSIST OF
FOUR MEMBERS OF EACH HOUSE, INCLUDING ONE MEMBER OF  THE  MINORITY  FROM
EACH HOUSE.
  (B)  IN  ANY EVENT, EITHER THE STANDING COMMITTEE ON CONFERENCE OR THE
DULY CREATED SUBCOMMITTEE SHALL FILE A REPORT WITH THE SECRETARY OF  THE
SENATE OR THE CLERK OF THE ASSEMBLY WHICH SHALL:
  (I)  CONTAIN  A CONFERENCE BILL OR CONFERENCE RESOLUTION, WHICH HAS AN
AGREED ON TEXT AND IS SUPPORTED BY A MAJORITY OF THE STANDING  COMMITTEE
ON  CONFERENCE MEMBERS THAT CONFERENCED THE TWO BILLS OR  RESOLUTIONS AS
WELL AS A MINORITY REPORT OF THE COMMITTEE MEMBERS,  IF  ANY,  REGARDING
THE CONFERENCE BILL OR CONFERENCE RESOLUTION; OR
  (II) CONTAIN A REPORT OF THE STANDING COMMITTEE ON CONFERENCE DELIBER-
ATIONS  ON THE BILL OR RESOLUTION AND AN EXPLANATION REGARDING THE FAIL-
URE OF THE COMMITTEE TO AGREE ON THE TEXT  OF  THE  CONFERENCE  BILL  OR
CONFERENCE RESOLUTION.

A. 3853                             3

  5.  ANY  CONFERENCE  BILL OR RESOLUTION, APPROVED BY A MAJORITY OF THE
STANDING COMMITTEE ON CONFERENCE OR THE DULY CREATED SUBCOMMITTEE SHALL,
IF REPORTED FAVORABLY TO THE SECRETARY OF THE SENATE AND  THE  CLERK  OF
THE  ASSEMBLY,  AND  AFTER  RECEIPT  BY THOSE OFFICERS OF EACH HOUSE, BE
PLACED  ON  THE  THIRD  READING CALENDAR FOR EACH HOUSE AND SUCH BILL OR
RESOLUTION SHALL  THEREAFTER  BE  SUBJECT  TO  ANY  APPROPRIATE  MOTION,
INCLUDING  A  MOTION  TO DISCHARGE OR TO ADVANCE FOR DEBATE, AT ANY TIME
THEREAFTER.
  6.  (A) THE NONPARTISAN COUNSEL APPOINTED BY THE COMMISSIONERS OF  THE
LEGISLATIVE  BILL  DRAFTING COMMISSION SHALL HAVE EXPERIENCE IN LEGISLA-
TIVE BILL DRAFTING. THE COUNSEL SHALL SERVE FOR A ONE YEAR  TERM,  WHICH
MAY  BE  RENEWED  BY  THE COMMISSIONERS OF THE LEGISLATIVE BILL DRAFTING
COMMISSION FOR A TERM OF NO MORE THAN ONE YEAR THEREAFTER.  THE  COUNSEL
SHALL HAVE SUCH RESOURCES AS THE LEGISLATURE MAY PERMIT.
  (B)  IN  CONSIDERING  WHETHER BILLS PASSED BY BOTH HOUSES ARE SIMILAR,
THE NONPARTISAN COUNSEL JOINTLY APPOINTED BY THE  COMMISSIONERS  OF  THE
LEGISLATIVE  BILL DRAFTING COMMISSION SHALL CONSIDER, BUT NOT BE LIMITED
TO, THE FOLLOWING FACTORS:
  (I) WHETHER EACH BILL AMENDS THE SAME SECTION AND SUBDIVISION  OF  THE
LAWS OF THE STATE OF NEW YORK;
  (II)  WHETHER  EACH  BILL  CONTAINS SIMILAR LANGUAGE AND CONCEPTS EVEN
THOUGH IT MAY AMEND DIFFERENT SECTIONS OF STATE LAW;
  (III) WHETHER EACH BILL INCLUDES APPROPRIATIONS  FROM  STATE  ACCOUNTS
AND BENEFITS OR IMPACTS SIMILARLY-SITUATED GROUPS OF PEOPLE; AND
  (IV)  WHETHER  EACH  BILL  ORIGINATED  IN  A SIMILAR COMMITTEE IN EACH
HOUSE.
  (C) THE LEGISLATIVE BILL DRAFTING COMMISSION AND ITS NONPARTISAN COUN-
SEL SHALL MAKE AN ANNUAL REPORT TO THE LEGISLATURE ON ITS DETERMINATIONS
REGARDING THE SIMILARITY OF BILLS AND RESOLUTIONS AND  THE  CREATION  OF
CONFERENCE COMMITTEES.
  S 2. This act shall take effect immediately.