senate Bill S381A

Provides for the appointment of a standing committee on conference to resolve differences between similar, but not identical, bills and resolutions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 18 / Mar / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Apr / 2011
    • DEFEATED IN INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / Nov / 2011
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / Nov / 2011
    • PRINT NUMBER 381A
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

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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Bill Details

See Assembly Version of this Bill:
A8637
Versions:
S381
S381A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Legislative Law
Laws Affected:
Add ยง54-c, Leg L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5404
2007-2008: S1676

Sponsor Memo

BILL NUMBER:S381A

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:
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 consist of ten
members. Five members shall be appointed by each 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
essentially the same purpose as a bill or resolution that has passed
the other house, it may be considered by the standing committee on
conference. 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.

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 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.

FISCAL IMPLICATIONS: None.

LEGISLATIVE HISTORY: 2009-2010: S.5404/A.3853

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 381--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

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:
  S  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.
                                                           LBD00672-03-1

S. 381--A                           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. 381--A                           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, 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.
  S 2. This act shall take effect immediately.

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