A05753 Summary:

BILL NOA05753
 
SAME ASSAME AS S02666
 
SPONSORKavanagh
 
COSPNSR
 
MLTSPNSR
 
Add S54-c, 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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A05753 Actions:

BILL NOA05753
 
03/04/2015referred to governmental operations
01/06/2016referred to governmental operations
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A05753 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5753
 
SPONSOR: Kavanagh
  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: Section 1 amends the legislative law by adding a new section 54-c, 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 each by the Temporary President of the Senate and the Speaker of the Assembly. In addition, the committee shall invite the prime sponsors of the respective bills to participate 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. Section 2 sets forth the effective date.   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 staff, 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: 2014: A00257 (Kavanagh) - Governmental Operations 2013: A00257 (Kavanagh) - Governmental Operations 2012: A08637 (Kavanagh) - Governmental Operations 2011: A01120 (Bing) - Governmental Operations 2010: A03853 (Bing) - Governmental Operations 2009: A03853 (Bing) - Governmental Operations 2008: A01196 (Bing) - Governmental Operations 2007: A01196 (Bing) - Governmental Operations 2006: A03331 (Bing) - Governmental Operations 2005: A03331 (Bing) - Governmental Operations 2004: A09252 (Bing) - Governmental Operations 2003: A09252 (Bing) - Governmental Operations   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05753 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5753
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2015
                                       ___________
 
        Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
          tee 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-c
     2  to read as follows:
     3    §  54-c.  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 and shall consist
    10  of five members of each house, including at least  two  members  of  the
    11  minority of each house. The members of the standing committee on confer-
    12  ence  may  be  changed by an agreement of the temporary president of the
    13  senate and the speaker of the assembly at any time.
    14    This committee shall be known as the standing committee on  conference
    15  and:
    16    (a)  shall  deliberate on all bills or resolutions for conference that
    17  are referred to it from the legislative leaders as provided in  subdivi-
    18  sion two of this section or as referred to it by the nonpartisan counsel
    19  jointly  appointed by the commissioners of the legislative bill drafting
    20  commission as provided in subdivision three of this section;
    21    (b) may appoint such other subcommittees as are necessary to  consider
    22  bills  or  resolutions  involving particular topics that are referred to
    23  the standing committee on conference; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00133-01-5

        A. 5753                             2
 
     1    (c) shall invite the prime sponsors of the bill  from  each  house  to
     2  participate as non-voting members of such committee.
     3    2. Whenever a bill or resolution has passed the senate or the assembly
     4  and  such  bill or resolution contains substantially the same provisions
     5  of law or accomplishes substantially the same  purposes  as  a  bill  or
     6  resolution passed by the other house, such bill or resolution shall:
     7    (a)  at the joint request of the temporary president of the senate and
     8  the speaker of the assembly; or
     9    (b) at the joint request of the prime sponsor of the  bill  or  resol-
    10  ution  in  the senate and the prime sponsor of the bill or resolution in
    11  the assembly; or
    12    (c) at the joint request of the chairs of the committees which  delib-
    13  erated on the bill or resolution in each house
    14  be referred to the standing committee on conference, which shall dispose
    15  of the bill or resolution pursuant to this section.
    16    3.  In  the  alternative, each bill or resolution passed by each house
    17  shall, at the written request of any member of the legislature, be exam-
    18  ined by a nonpartisan counsel appointed  by  the  commissioners  of  the
    19  legislative  bill  drafting  commission  to  determine whether a bill or
    20  resolution passed in one house is similar to any  bills  or  resolutions
    21  passed  in  the other house. If the nonpartisan counsel appointed by the
    22  commissioners of the legislative  bill  drafting  commission  determines
    23  that any bills or resolutions are similar under the guidelines set forth
    24  in this section, then such bills or resolutions shall be referred to the
    25  standing committee on conference and that committee shall dispose of the
    26  similar bills or resolutions as provided in this section.
    27    4.  (a) When similar bills or resolutions are referred to the standing
    28  committee on conference under this section, the committee  shall  there-
    29  after meet within ten calendar days of the referral and shall follow the
    30  process set forth in this subdivision:
    31    (i)  the standing committee on conference shall conference the bill or
    32  resolution, negotiate any necessary changes and shall issue a report  on
    33  the  bills  or resolutions submitted to it within fifteen days after the
    34  referral as provided herein; or
    35    (ii) the standing committee on conference shall refer  such  bills  or
    36  resolutions  to a subcommittee with jurisdiction over the subject matter
    37  of such bills or resolutions, which committee shall be appointed by  the
    38  standing committee on conference and which subcommittee shall consist of
    39  four  members  of  each house, including one member of the minority from
    40  each house.
    41    (b) In any event, either the standing committee on conference  or  the
    42  duly  created subcommittee shall file a report with the secretary of the
    43  senate or the clerk of the assembly which shall:
    44    (i) contain a conference bill or conference resolution, which  has  an
    45  agreed  on text and is supported by a majority of the standing committee
    46  on conference members that conferenced the two bills or  resolutions  as
    47  well  as  a  minority report of the committee members, if any, regarding
    48  the conference bill or conference resolution; or
    49    (ii) contain a report of the standing committee on conference deliber-
    50  ations on the bill or resolution and an explanation regarding the  fail-
    51  ure  of  the  committee  to  agree on the text of the conference bill or
    52  conference resolution.
    53    5. Any conference bill or resolution, approved by a  majority  of  the
    54  standing committee on conference or the duly created subcommittee shall,
    55  if  reported  favorably  to the secretary of the senate and the clerk of
    56  the assembly, and after receipt by those  officers  of  each  house,  be

        A. 5753                             3
 
     1  placed  on  the  third  reading calendar for each house and such bill or
     2  resolution shall  thereafter  be  subject  to  any  appropriate  motion,
     3  including  a  motion  to discharge or to advance for debate, at any time
     4  thereafter.
     5    6.   (a) The nonpartisan counsel appointed by the commissioners of the
     6  legislative bill drafting commission shall have experience  in  legisla-
     7  tive  bill  drafting. The counsel shall serve for a one year term, which
     8  may be renewed by the commissioners of  the  legislative  bill  drafting
     9  commission  for  a term of no more than one year thereafter. The counsel
    10  shall have such resources as the legislature may permit.
    11    (b) In considering whether bills passed by both  houses  are  similar,
    12  the  nonpartisan  counsel  jointly appointed by the commissioners of the
    13  legislative bill drafting commission shall consider, but not be  limited
    14  to, the following factors:
    15    (i)  whether  each bill amends the same section and subdivision of the
    16  laws of the state of New York;
    17    (ii) whether each bill contains similar  language  and  concepts  even
    18  though it may amend different sections of state law;
    19    (iii)  whether  each  bill includes appropriations from state accounts
    20  and benefits or impacts similarly-situated groups of people; and
    21    (iv) whether each bill originated  in  a  similar  committee  in  each
    22  house.
    23    (c) The legislative bill drafting commission and its nonpartisan coun-
    24  sel shall make an annual report to the legislature on its determinations
    25  regarding  the  similarity  of bills and resolutions and the creation of
    26  conference committees.
    27    § 2. This act shall take effect immediately.
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