S T A T E O F N E W Y O R K
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2725
2021-2022 Regular Sessions
I N S E N A T E
January 22, 2021
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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. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07227-01-1
S. 2725 2
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:
(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
S. 2725 3
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.
