A08637 Summary:

BILL NOA08637
 
SAME ASSAME AS S00381-A
 
SPONSORKavanagh (MS)
 
COSPNSRGunther, Rosenthal, Cahill, Magnarelli, Castro
 
MLTSPNSRBrennan, Colton, Magee
 
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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A08637 Actions:

BILL NOA08637
 
09/21/2011referred to governmental operations
01/04/2012referred to governmental operations
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A08637 Floor Votes:

There are no votes for this bill in this legislative session.
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A08637 Memo:

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.
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A08637 Text:



 
                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.
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