NY State Senate Bill 2019-S4001A

Senate Bill S4001A

2019-2020 Legislative Session

Provides for the appointment of a standing committee on conference to resolve differences between similar, but not identical, bills and resolutions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Jan 21, 2020	advanced to third reading
Jan 15, 2020	2nd report cal.
Jan 14, 2020	1st report cal.159
Jan 08, 2020	referred to investigations and government operations returned to senate died in assembly
Apr 10, 2019	referred to governmental operations delivered to assembly passed senate
Mar 28, 2019	advanced to third reading
Mar 27, 2019	2nd report cal.
Mar 26, 2019	1st report cal.323
Mar 19, 2019	print number 4001a
Mar 19, 2019	amend and recommit to investigations and government operations
Feb 22, 2019	referred to investigations and government operations

Votes

- Apr 10, 2019 - Floor Vote
  S4001A
  
  51
  
  Aye
  
  8
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 10, 2019
      
      aye (51)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (8)
      
      Akshar
      
      Antonacci
      
      Flanagan
      
      Funke
      
      Helming
      
      Jordan
      
      Ortt
      
      Ritchie
      
      excused (3)
      
      Gallivan
      
      Sanders Jr.
      
      Seward
  Jan 14, 2020 - Investigations And Government Operations Committee Vote
  S4001A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Jan 14, 2020
      
      aye (7)
      
      Biaggi
      
      Carlucci
      
      Jacobs
      
      Kaminsky
      
      Lanza
      
      Sepúlveda
      
      Skoufis
  Mar 26, 2019 - Investigations And Government Operations Committee Vote
  S4001A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Mar 26, 2019
      
      aye (6)
      
      Biaggi
      
      Carlucci
      
      Jacobs
      
      Lanza
      
      Sepúlveda
      
      Skoufis
      
      aye wr (1)
      
      Kaminsky

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S4001 - Details

See Assembly Version of this Bill:: A10098
Current Committee:: Senate Rules
Law Section:: Legislative Law
Laws Affected:: Add §54-b, Leg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5404
2011-2012: S381
2013-2014: S1473
2015-2016: S2666
2017-2018: S4578
2021-2022: S2725, A6701
2023-2024: S2420

2019-S4001 - Summary

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.

2019-S4001 - Sponsor Memo

                                
 
BILL NUMBER: S4001

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the legislative law, in relation to
providing for a standing committee on conference to resolve differences
between similar, but not identical bills and resolutions passing the
senate and assembly

 
PURPOSE:

To create a standing committee on conference consisting of Senators and
Members of the Assembly to produce a single bill and explanatory report
when each house has passed a separate bill accomplishing the same
purpose.

 
SUMMARY OF PROVISIONS:

The Legislative Law is amended to require that a Standing Committee on
Conference be created to reconcile similar versions of legislation
passed by the Senate and Assembly. The Committee shall consist of ten
members. Five members shall be appointed by each the Temporary President

of the Senate and the Speaker of the Assembly. In addition, the Commit-
tee shall invite the prime sponsors of the respective bills to partic-
ipate as non-voting members.

Whenever a bill or resolution has passed the Senate or the Assembly and
contains substantially the same provisions of law or accomplishes essen-
tially the same purpose as a bill or resolution that has passed the
other house, it may be considered by the standing committee on confer-
ence. To have legislation considered by the Committee joint requests
must be made by the Speaker of the Assembly and the Temporary President
of the Senate or, by the prime sponsors in both houses or, by the
committee chairs which deliberated on the similar bills.

In addition, each bill or resolution passed by each house shall, at the
written request of any member of the legislature, be examined by a
nonpartisan counsel appointed by the Commissioners of the Legislative
Bill Drafting Commission to determine if the bill should be sent to the
Standing Committee on Conference.

When measures are referred to the Committee, the Committee shall meet
within ten days to negotiate any changes necessary and issue a report on
the bills within fifteen days after the referral. Subsequently, a report
shall be filed with the Secretary of the Senate and Clerk of the Assem-
bly which shall contain a conference bill with the agreed upon text. The
bills will then be placed on respective third reading calendars for
consideration.

 
JUSTIFICATION:

Currently, Conference Committees are rarely utilized to deal with simi-
lar legislation which passes in each house. As a result, the responsi-
bility for resolving such issues falls informally to the sponsors, the
Leaders or their staffs or some combination thereof.  Under this system
a multitude of reasons can often needlessly delay or prevent passage of
needed legislation. Even when compromise solutions are reached under the
current practice, it is often done totally removed from the scrutiny of
the public and even the membership, with the amended bills being

reported directly to the floor of the Senate and Assembly without
committee review.

The Congress of the United States and 45 of the 49 bicameral state
legislatures have long employed Conference Committees as an efficient
and democratic means of dealing with differences over legislation
between the two Houses. This proposal is adapted from Rule XXVIII of the
Standing Rules of the United States Senate and is similar to the rules
governing Conference Committees in most state legislatures.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

2009-2010: S.5404/A.3853
2011-2012: S.381A/A.8637
2013-2014: S.1473/A.257
2015-2016: S.2666/A.5753
2017-2018: S.4578 Governmental Ops

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4001 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4001
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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
 
 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 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.
                                                            LBD06764-01-9

 S. 4001                             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.

 S. 4001                             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 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.

co-Sponsors

View additional co-sponsors

2019-S4001A (ACTIVE) - Details

See Assembly Version of this Bill:: A10098
Current Committee:: Senate Rules
Law Section:: Legislative Law
Laws Affected:: Add §54-b, Leg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5404
2011-2012: S381
2013-2014: S1473
2015-2016: S2666
2017-2018: S4578
2021-2022: S2725, A6701
2023-2024: S2420

2019-S4001A (ACTIVE) - Summary

2019-S4001A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4001A

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the legislative law, in relation to
providing for a standing committee on conference to resolve differences
between similar, but not identical bills and resolutions passing the
senate and assembly

 
PURPOSE:

To create a standing committee on conference consisting of Senators and
Members of the Assembly to produce a single bill and explanatory report
when each house has passed a separate bill accomplishing the same
purpose.

 
SUMMARY OF PROVISIONS:

The Legislative Law is amended to require that a Standing Committee on
Conference be created to reconcile similar versions of legislation
passed by the Senate and Assembly. The Committee shall be composed of
majority and minority conference members in the Senate and Assembly

relative to the total membership of the Senate and Assembly. 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 next whole number. This mirrors the requirements
for the creation of the standing committees outlined in the Senate
Rules, rule VII(c.)

Whenever a bill or resolution has passed the Senate or the Assembly and
contains substantially the same provisions of law or accomplishes essen-
tially the same purpose as a bill or resolution that has passed the
other house, it may be considered by the standing committee on confer-
ence. To have legislation considered by the Committee joint requests
must be made by the Speaker of the Assembly and the Temporary President
of the Senate or, by the prime sponsors in both houses or, by the
committee chairs which deliberated on the similar bills.

In addition, each bill or resolution passed by each house shall, at the
written request of any member of the legislature, be examined by a
nonpartisan counsel appointed by the Commissioners of the Legislative
Bill Drafting Commission to determine if the bill should be sent to the
Standing Committee on Conference.

When measures are referred to the Committee, the Committee shall meet
within ten days to negotiate any changes necessary and issue a report on
the bills within fifteen days after the referral. Subsequently, a report
shall be filed with the Secretary of the Senate and Clerk of the Assem-
bly which shall contain a conference bill with the agreed upon text. The
bills will then be placed on respective third reading calendars for
consideration.

 
JUSTIFICATION:

Currently, Conference Committees are rarely utilized to deal with simi-
lar legislation which passes in each house. As a result, the responsi-
bility for resolving such issues falls informally to the sponsors, the
Leaders or their staffs or some combination thereof.  Under this system
a multitude of reasons can often needlessly delay or prevent passage of
needed legislation. Even when compromise solutions are reached under the
current practice, it is often done totally removed from the scrutiny of
the public and even the membership, with the amended bills being
reported directly to the floor of the Senate and Assembly without
committee review.

The Congress of the United States and 45 of the 49 bicameral state
legislatures have long employed Conference Committees as an efficient
and democratic means of dealing with differences over legislation
between the two Houses. This proposal is adapted from Rule XXVIII of the
Standing Rules of the United States Senate and is similar to the rules
governing Conference Committees in most state legislatures.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

2009-2010: S.5404/A.3853
2011-2012:S.381A/A.8637
2013-2014:S.1473/A.257
2015-2016: S.2666/A.5753
2017-2018: S.4578 Governmental Ops

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4001A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4001--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06764-02-9

 S. 4001--A                          2
 
 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-
 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:

 S. 4001--A                          3
 
   (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.
   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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4001A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S4001 - Details

2019-S4001 - Summary

2019-S4001 - Sponsor Memo

2019-S4001 - Bill Text download pdf

co-Sponsors

2019-S4001A (ACTIVE) - Details

2019-S4001A (ACTIVE) - Summary

2019-S4001A (ACTIVE) - Sponsor Memo

2019-S4001A (ACTIVE) - Bill Text download pdf

Comments