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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8637
SPONSOR: Kavanagh (MS)
 
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 accom-
plishing the same purpose.
 
SUMMARY OF PROVISIONS: The legislative law is amended, by adding a new
section 54b, 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.
 
JUSTIFICATION: Currently, conference committees are rarely utilized
to deal with similar legislation which passes in each house. As a
result, the responsibility 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: 2011: A01120 (Bing) - Governmental Oper-
ations 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.
STATE OF NEW YORK
________________________________________________________________________
8637
2011-2012 Regular Sessions
IN ASSEMBLY
September 21, 2011
___________
Introduced by M. of A. KAVANAGH, GUNTHER, ROSENTHAL, CAHILL, MAGNARELLI,
CASTRO -- Multi-Sponsored by -- M. of A. BRENNAN, COLTON, MAGEE --
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-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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00672-02-1
A. 8637 2
1 (b) may appoint such other subcommittees as are necessary to consider
2 bills or resolutions involving particular topics that are referred to
3 the standing committee on conference; and
4 (c) shall invite the prime sponsors of the bill from each house to
5 participate as non-voting members of such committee.
6 2. Whenever a bill or resolution has passed the senate or the assembly
7 and such bill or resolution contains substantially the same provisions
8 of law or accomplishes substantially the same purposes as a bill or
9 resolution passed by the other house, such bill or resolution shall:
10 (a) at the joint request of the temporary president of the senate and
11 the speaker of the assembly; or
12 (b) at the joint request of the prime sponsor of the bill or resol-
13 ution in the senate and the prime sponsor of the bill or resolution in
14 the assembly; or
15 (c) at the joint request of the chairs of the committees which delib-
16 erated on the bill or resolution in each house
17 be referred to the standing committee on conference, which shall dispose
18 of the bill or resolution pursuant to this section.
19 3. In the alternative, each bill or resolution passed by each house
20 shall, at the written request of any member of the legislature, be exam-
21 ined by a nonpartisan counsel appointed by the commissioners of the
22 legislative bill drafting commission to determine whether a bill or
23 resolution passed in one house is similar to any bills or resolutions
24 passed in the other house. If the nonpartisan counsel appointed by the
25 commissioners of the legislative bill drafting commission determines
26 that any bills or resolutions are similar under the guidelines set forth
27 in this section, then such bills or resolutions shall be referred to the
28 standing committee on conference and that committee shall dispose of the
29 similar bills or resolutions as provided in this section.
30 4. (a) When similar bills or resolutions are referred to the standing
31 committee on conference under this section, the committee shall there-
32 after meet within ten calendar days of the referral and shall follow the
33 process set forth in this subdivision:
34 (i) the standing committee on conference shall conference the bill or
35 resolution, negotiate any necessary changes and shall issue a report on
36 the bills or resolutions submitted to it within fifteen days after the
37 referral as provided herein; or
38 (ii) the standing committee on conference shall refer such bills or
39 resolutions to a subcommittee with jurisdiction over the subject matter
40 of such bills or resolutions, which committee shall be appointed by the
41 standing committee on conference and which subcommittee shall consist of
42 four members of each house, including one member of the minority from
43 each house.
44 (b) In any event, either the standing committee on conference or the
45 duly created subcommittee shall file a report with the secretary of the
46 senate or the clerk of the assembly which shall:
47 (i) contain a conference bill or conference resolution, which has an
48 agreed on text and is supported by a majority of the standing committee
49 on conference members that conferenced the two bills or resolutions as
50 well as a minority report of the committee members, if any, regarding
51 the conference bill or conference resolution; or
52 (ii) contain a report of the standing committee on conference deliber-
53 ations on the bill or resolution and an explanation regarding the fail-
54 ure of the committee to agree on the text of the conference bill or
55 conference resolution.
A. 8637 3
1 5. Any conference bill or resolution, approved by a majority of the
2 standing committee on conference or the duly created subcommittee shall,
3 if reported favorably to the secretary of the senate and the clerk of
4 the assembly, and after receipt by those officers of each house, be
5 placed on the third reading calendar for each house and such bill or
6 resolution shall thereafter be subject to any appropriate motion,
7 including a motion to discharge or to advance for debate, at any time
8 thereafter.
9 6. (a) The nonpartisan counsel appointed by the commissioners of the
10 legislative bill drafting commission shall have experience in legisla-
11 tive bill drafting. The counsel shall serve for a one year term, which
12 may be renewed by the commissioners of the legislative bill drafting
13 commission for a term of no more than one year thereafter. The counsel
14 shall have such resources as the legislature may permit.
15 (b) In considering whether bills passed by both houses are similar,
16 the nonpartisan counsel jointly appointed by the commissioners of the
17 legislative bill drafting commission shall consider, but not be limited
18 to, the following factors:
19 (i) whether each bill amends the same section and subdivision of the
20 laws of the state of New York;
21 (ii) whether each bill contains similar language and concepts even
22 though it may amend different sections of state law;
23 (iii) whether each bill includes appropriations from state accounts
24 and benefits or impacts similarly-situated groups of people; and
25 (iv) whether each bill originated in a similar committee in each
26 house.
27 (c) The legislative bill drafting commission and its nonpartisan coun-
28 sel shall make an annual report to the legislature on its determinations
29 regarding the similarity of bills and resolutions and the creation of
30 conference committees.
31 § 2. This act shall take effect immediately.