Provides for a standing committee on conference to resolve differences between similar, but not identical bills and resolutions passing the senate and assembly.
STATE OF NEW YORK
________________________________________________________________________
5681
2011-2012 Regular Sessions
IN ASSEMBLY
February 25, 2011
___________
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 49
2 to read as follows:
3 § 49. Standing committee on conference; referral to conference,
4 appointment of non-partisan counsel for referral. 1. By the thirtieth
5 day after the legislative session begins in each year, the temporary
6 president of the senate and the speaker of the assembly shall appoint a
7 standing committee on conference. Such committee shall be constituted by
8 the filing of a joint certificate by the temporary president of the
9 senate and the speaker of the assembly with the secretary of the senate
10 and clerk of the assembly and shall consist of five members of each
11 house, including at least one member of the minority of each house. The
12 members of the standing committee on conference may be changed by an
13 agreement of the temporary president of the senate and the speaker of
14 the assembly at any time.
15 This committee shall be known as the standing committee on conference
16 and:
17 (a) shall deliberate on all bills or resolutions for conference that
18 are referred to it as provided in subdivision two of this section or as
19 referred to it by the non-partisan counsel jointly appointed by the
20 commissioners of the legislative bill drafting commission as provided in
21 subdivision three of this section; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08314-01-1
A. 5681 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.
4 2. Whenever a bill or resolution has passed the senate or the assembly
5 and such bill or resolution contains substantially the same provisions
6 of law or accomplishes substantially the same purposes as a bill or
7 resolution passed by the other house, such bill or resolution shall:
8 (a) at the joint request of the temporary president of the senate and
9 the speaker of the assembly; or
10 (b) at the joint request of the prime sponsor of the bill or resol-
11 ution in the senate and the prime sponsor of the bill or resolution in
12 the assembly; or
13 (c) at the joint request of the chairs of the committees which delib-
14 erated on the bill or resolution in each house
15 be referred to the standing committee on conference, which shall
16 dispose of the bill or resolution pursuant to this section.
17 3. In the alternative, each bill or resolution passed by each house
18 shall, at the written request of any member of the legislature, be exam-
19 ined by a non-partisan counsel appointed by the commissioners of the
20 legislative bill drafting commission to determine whether a bill or
21 resolution passed in one house is similar to any bills or resolutions
22 passed in the other house. If the non-partisan counsel appointed by the
23 commissioners of the legislative bill drafting commission determines
24 that any bills or resolutions are similar under the guidelines set forth
25 in this section, then such bills or resolutions shall be referred to the
26 standing committee on conference and that committee shall dispose of the
27 similar bills or resolutions as provided in this section.
28 4. (a) When similar bills or resolutions are referred to the standing
29 committee on conference under this section, the committee shall there-
30 after meet within ten calendar days of the referral and shall follow the
31 process set forth in this subdivision:
32 (i) the standing committee on conference shall conference the bill or
33 resolution, negotiate any necessary changes and shall issue a report on
34 the bills or resolutions submitted to it within fifteen days after the
35 referral as provided for in this section; or
36 (ii) the standing committee on conference shall refer such bills or
37 resolutions to a subcommittee with jurisdiction over the subject matter
38 of such bills or resolutions, which committee shall be appointed by the
39 standing committee on conference and which subcommittee shall consist of
40 four members of each house, including one member of the minority from
41 each house.
42 (b) In any event, either the standing committee on conference or the
43 duly created subcommittee shall file a report with the secretary of the
44 senate or the clerk of the assembly which shall:
45 (i) contain a conference bill or conference resolution, which has an
46 agreed on text and is supported by a majority of the standing committee
47 on conference members that conferenced the two bills or resolutions as
48 well as a minority report of the committee members, if any, regarding
49 the conference bill or conference resolution; or
50 (ii) contain a report of the standing committee on conference deliber-
51 ations on the bill or resolution and an explanation regarding the fail-
52 ure of the committee to agree on the text of the conference bill or
53 conference resolution.
54 5. Any conference bill or resolution, approved by a majority of the
55 standing committee on conference or the duly created subcommittee shall,
56 if reported favorably to the secretary of the senate and the clerk of
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1 the assembly, and after receipt by those officers of each house, be
2 placed on the third reading calendar for each house and such bill or
3 resolution shall thereafter be subject to any appropriate motion,
4 including a motion to discharge or to advance for debate, at any time
5 thereafter.
6 6. (a) The non-partisan counsel appointed by the commissioners of the
7 legislative bill drafting commission shall have experience in legisla-
8 tive bill drafting. The counsel shall serve for a one year term, which
9 may be renewed by the commissioners of the legislative bill drafting
10 commission for a term of no more than one year thereafter. The counsel
11 shall have such resources as the legislature may permit.
12 (b) In considering whether bills passed by both houses are similar,
13 the non-partisan counsel jointly appointed by the commissioners of the
14 legislative bill drafting commission shall consider, but not be limited
15 to, the following factors:
16 (i) whether each bill amends the same section and subdivision of the
17 laws of the state of New York;
18 (ii) whether each bill contains similar language and concepts even
19 though it may amend different sections of state law;
20 (iii) whether each bill includes appropriations from state accounts
21 and benefits or impacts similarly-situated groups of people; and
22 (iv) whether each bill originated in a similar committee in each
23 house.
24 (c) The legislative bill drafting commission and its non-partisan
25 counsel shall make an annual report to the legislature on its determi-
26 nations regarding the similarity of bills and resolutions and the
27 creation of conference committees.
28 § 2. This act shall take effect immediately.
