S T A T E O F N E W Y O R K
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5681
2011-2012 Regular Sessions
I N A S S E M B L Y
February 25, 2011
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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 49
to read as follows:
S 49. STANDING COMMITTEE ON CONFERENCE; REFERRAL TO CONFERENCE,
APPOINTMENT OF NON-PARTISAN COUNSEL FOR REFERRAL. 1. BY THE THIRTIETH
DAY AFTER THE LEGISLATIVE SESSION BEGINS IN EACH YEAR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL APPOINT A
STANDING COMMITTEE ON CONFERENCE. SUCH COMMITTEE 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 ONE MEMBER OF THE MINORITY OF EACH HOUSE. THE
MEMBERS OF THE STANDING COMMITTEE ON CONFERENCE 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 AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION OR AS
REFERRED TO IT BY THE NON-PARTISAN COUNSEL JOINTLY APPOINTED BY THE
COMMISSIONERS OF THE LEGISLATIVE BILL DRAFTING COMMISSION AS PROVIDED IN
SUBDIVISION THREE OF THIS SECTION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08314-01-1
A. 5681 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.
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 NON-PARTISAN 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 NON-PARTISAN 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 FOR IN THIS SECTION; 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.
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
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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 NON-PARTISAN 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 NON-PARTISAN 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 NON-PARTISAN
COUNSEL SHALL MAKE AN ANNUAL REPORT TO THE LEGISLATURE ON ITS DETERMI-
NATIONS REGARDING THE SIMILARITY OF BILLS AND RESOLUTIONS AND THE
CREATION OF CONFERENCE COMMITTEES.
S 2. This act shall take effect immediately.