A10098 Summary:

BILL NOA10098
 
SAME ASSAME AS S04001-A
 
SPONSORGalef
 
COSPNSR
 
MLTSPNSR
 
Add 54-b, Leg L
 
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.
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A10098 Actions:

BILL NOA10098
 
03/12/2020referred to governmental operations
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A10098 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10098
 
SPONSOR: Galef
  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 OR GENERAL IDEA OF BILL: The purpose of this legislation is 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 sepa- rate 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 Assembly which shall contain a conference bill with the agreed upon text. The bills will then be placed on respective third reading calendars for consideration.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This portion of this memorandum is not applicable at this time.   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.   PRIOR LEGISLATIVE HISTORY: 2017-2018 S.4578 2015-2016 S.2666/A.5753 2013-2014 S.1473/A.257 2011-2012 S.381-A/A.8637 2009-2010S.5404/A.3853   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: There are no fiscal implications associated with the passage of this legislation.   EFFECTIVE DATE: This act shall take effect immediately.
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A10098 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10098
 
                   IN ASSEMBLY
 
                                     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:
 
     1    Section 1. The legislative law is amended by adding a new section 54-b
     2  to read as follows:
     3    § 54-b. Standing committee  on  conference;  referral  to  conference,
     4  appointment  of nonpartisan counsel for referral. 1. By January fifth of
     5  each year, the temporary president of the senate and the speaker of  the
     6  assembly  shall appoint a standing committee on conference. Such commit-
     7  tee shall be constituted by the filing of a  joint  certificate  by  the
     8  temporary  president  of the senate and the speaker of the assembly with
     9  the secretary of the senate and clerk of the  assembly.    The  standing
    10  committee  on  conference  shall  be composed of majority conference and
    11  minority conference members in the same  proportion  as  the  number  of
    12  majority  conference  and  minority conference members in the senate and
    13  assembly relative to the total membership of the  senate  and  assembly.
    14  For  purposes of committee composition, in the event that the proportion
    15  of either majority conference  members  would  result  in  a  fractional
    16  amount, the number of majority conference members shall be rounded up to
    17  the next whole number. Further, in the case of an excused absence of any
    18  committee member such committee may designate an alternate member of the
    19  conference  for  meetings  of such committees provided written notice is
    20  provided and accepted by the temporary president of the senate  and  the
    21  speaker  of  the assembly at least one hour prior to the commencement of
    22  such committee meeting.
    23    This committee shall be known as the standing committee on  conference
    24  and:
    25    (a)  shall  deliberate on all bills or resolutions for conference that
    26  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
 
     1  sion two of this section or as referred to it by the nonpartisan counsel
     2  jointly  appointed by the commissioners of the legislative bill drafting
     3  commission as provided in subdivision three of this section;
     4    (b)  may appoint such other subcommittees as are necessary to consider
     5  bills or resolutions involving particular topics that  are  referred  to
     6  the standing committee on conference; and
     7    (c)  shall  invite  the  prime sponsors of the bill from each house to
     8  participate as non-voting members of such committee.
     9    2. Whenever a bill or resolution has passed the senate or the assembly
    10  and such bill or resolution contains substantially the  same  provisions
    11  of  law  or  accomplishes  substantially  the same purposes as a bill or
    12  resolution passed by the other house, such bill or resolution shall:
    13    (a) at the joint request of the temporary president of the senate  and
    14  the speaker of the assembly; or
    15    (b)  at  the  joint request of the prime sponsor of the bill or resol-
    16  ution in the senate and the prime sponsor of the bill or  resolution  in
    17  the assembly; or
    18    (c)  at the joint request of the chairs of the committees which delib-
    19  erated on the bill or resolution in each house
    20  be referred to the standing committee on conference, which shall dispose
    21  of the bill or resolution pursuant to this section.
    22    3. In the alternative, each bill or resolution passed  by  each  house
    23  shall, at the written request of any member of the legislature, be exam-
    24  ined  by  a  nonpartisan  counsel  appointed by the commissioners of the
    25  legislative bill drafting commission to  determine  whether  a  bill  or
    26  resolution  passed  in  one house is similar to any bills or resolutions
    27  passed in the other house. If the nonpartisan counsel appointed  by  the
    28  commissioners  of  the  legislative  bill drafting commission determines
    29  that any bills or resolutions are similar under the guidelines set forth
    30  in this section, then such bills or resolutions shall be referred to the
    31  standing committee on conference and that committee shall dispose of the
    32  similar bills or resolutions as provided in this section.
    33    4. (a) When similar bills or resolutions are referred to the  standing
    34  committee  on  conference under this section, the committee shall there-
    35  after meet within ten calendar days of the referral and shall follow the
    36  process set forth in this subdivision:
    37    (i) the standing committee on conference shall conference the bill  or
    38  resolution,  negotiate any necessary changes and shall issue a report on
    39  the bills or resolutions submitted to it within fifteen days  after  the
    40  referral as provided herein; or
    41    (ii)  the  standing  committee on conference shall refer such bills or
    42  resolutions to a subcommittee with jurisdiction over the subject  matter
    43  of  such bills or resolutions, which committee shall be appointed by the
    44  standing committee on conference and which subcommittee shall consist of
    45  four members of each house, including one member of  the  minority  from
    46  each house.
    47    (b)  In  any event, either the standing committee on conference or the
    48  duly created subcommittee shall file a report with the secretary of  the
    49  senate or the clerk of the assembly which shall:
    50    (i)  contain  a conference bill or conference resolution, which has an
    51  agreed on text and is supported by a majority of the standing  committee
    52  on  conference members that conferenced the two bills or  resolutions as
    53  well as a minority report of the committee members,  if  any,  regarding
    54  the conference bill or conference resolution; or
    55    (ii) contain a report of the standing committee on conference deliber-
    56  ations  on the bill or resolution and an explanation regarding the fail-

        A. 10098                            3
 
     1  ure of the committee to agree on the text  of  the  conference  bill  or
     2  conference resolution.
     3    5.  Any  conference  bill or resolution, approved by a majority of the
     4  standing committee on conference or the duly created subcommittee shall,
     5  if reported favorably to the secretary of the senate and  the  clerk  of
     6  the  assembly,  and  after  receipt  by those officers of each house, be
     7  placed on the third reading calendar for each house  and  such  bill  or
     8  resolution  shall  thereafter  be  subject  to  any  appropriate motion,
     9  including a motion to discharge or to advance for debate,  at  any  time
    10  thereafter.
    11    6.   (a) The nonpartisan counsel appointed by the commissioners of the
    12  legislative bill drafting commission shall have experience  in  legisla-
    13  tive  bill  drafting. The counsel shall serve for a one year term, which
    14  may be renewed by the commissioners of  the  legislative  bill  drafting
    15  commission  for  a term of no more than one year thereafter. The counsel
    16  shall have such resources as the legislature may permit.
    17    (b) In considering whether bills passed by both  houses  are  similar,
    18  the  nonpartisan  counsel  jointly appointed by the commissioners of the
    19  legislative bill drafting commission shall consider, but not be  limited
    20  to considering, the following factors:
    21    (i)  whether  each bill amends the same section and subdivision of the
    22  laws of the state of New York;
    23    (ii) whether each bill contains similar  language  and  concepts  even
    24  though it may amend different sections of state law;
    25    (iii)  whether  each  bill includes appropriations from state accounts
    26  and benefits or impacts similarly-situated groups of people; and
    27    (iv) whether each bill originated  in  a  similar  committee  in  each
    28  house.
    29    (c) The legislative bill drafting commission and its nonpartisan coun-
    30  sel shall make an annual report to the legislature on its determinations
    31  regarding  the  similarity  of bills and resolutions and the creation of
    32  conference committees.
    33    § 2. This act shall take effect immediately.
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A10098 LFIN:

 NO LFIN
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