S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10098
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 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:
 
   Section 1. The legislative law is amended by adding a new section 54-b
 to read as follows:
   § 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.    THE  STANDING
 COMMITTEE  ON  CONFERENCE  SHALL  BE COMPOSED OF MAJORITY CONFERENCE AND
 MINORITY CONFERENCE MEMBERS IN THE SAME  PROPORTION  AS  THE  NUMBER  OF
 MAJORITY  CONFERENCE  AND  MINORITY CONFERENCE MEMBERS IN THE SENATE AND
 ASSEMBLY RELATIVE TO THE TOTAL MEMBERSHIP OF THE  SENATE  AND  ASSEMBLY.
 FOR  PURPOSES OF COMMITTEE COMPOSITION, IN THE EVENT THAT THE PROPORTION
 OF EITHER MAJORITY CONFERENCE  MEMBERS  WOULD  RESULT  IN  A  FRACTIONAL
 AMOUNT, THE NUMBER OF MAJORITY CONFERENCE MEMBERS SHALL BE ROUNDED UP TO
 THE NEXT WHOLE NUMBER. FURTHER, IN THE CASE OF AN EXCUSED ABSENCE OF ANY
 COMMITTEE MEMBER SUCH COMMITTEE MAY DESIGNATE AN ALTERNATE MEMBER OF THE
 CONFERENCE  FOR  MEETINGS  OF SUCH COMMITTEES PROVIDED WRITTEN NOTICE IS
 PROVIDED AND ACCEPTED BY THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
 SPEAKER  OF  THE ASSEMBLY AT LEAST ONE HOUR PRIOR TO THE COMMENCEMENT OF
 SUCH COMMITTEE MEETING.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD06764-03-9

 A. 10098                            2
 
 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;
   (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-

 A. 10098                            3
 
 URE OF THE COMMITTEE TO AGREE ON THE TEXT  OF  THE  CONFERENCE  BILL  OR
 CONFERENCE RESOLUTION.
   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 CONSIDERING, 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.
   § 2. This act shall take effect immediately.