S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4578
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by Sens. KRUEGER, BAILEY, HAMILTON, HOYLMAN, PERKINS, SERRA-
   NO, SQUADRON, STAVISKY -- read twice and  ordered  printed,  and  when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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-c
 to read as follows:
   §  54-C.  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.
                                                            LBD01912-02-7
              

 S. 4578                             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. 4578                             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.