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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S381-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Nov 21, 2011: PRINT NUMBER 381A
• Nov 21, 2011: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Apr 12, 2011: DEFEATED IN INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Mar 18, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S381-2011 Meetings

Investigations and Government Operations: Apr 12, 2011

S381-2011 Votes

S381-2011 Memo

BILL NUMBER:S381

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.

S381-2011 Text

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

                                     381

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (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

  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-b
  to read as follows:

    S 54-B. 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.
                                                             LBD00672-01-1

 S. 381                              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                              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.