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: A10098
SPONSOR: Galef
 
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 OR GENERAL IDEA OF BILL:
The purpose of this legislation is 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 sepa-
rate 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 be composed of
majority and minority conference members in the Senate and Assembly
relative to the total membership of the Senate and Assembly. In the
event that the proportion of either majority conference members would
result in a fractional amount, the number of majority conference members
shall be rounded up to next whole number. This mirrors the requirements
for the creation of the standing committees outlined in the Senate
Rules, rule VII(c.)
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 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.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This portion of this memorandum is not applicable at this time.
 
JUSTIFICATION:
Currently, Conference Committees are rarely utilized to deal with simi-
lar legislation which passes in each house. As a result, the responsi-
bility 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.
 
PRIOR LEGISLATIVE HISTORY:
2017-2018 S.4578
2015-2016 S.2666/A.5753
2013-2014 S.1473/A.257
2011-2012 S.381-A/A.8637
2009-2010S.5404/A.3853
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10098
IN ASSEMBLY
March 12, 2020
___________
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 54-b
2 to read as follows:
3 § 54-b. 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. The standing
10 committee on conference shall be composed of majority conference and
11 minority conference members in the same proportion as the number of
12 majority conference and minority conference members in the senate and
13 assembly relative to the total membership of the senate and assembly.
14 For purposes of committee composition, in the event that the proportion
15 of either majority conference members would result in a fractional
16 amount, the number of majority conference members shall be rounded up to
17 the next whole number. Further, in the case of an excused absence of any
18 committee member such committee may designate an alternate member of the
19 conference for meetings of such committees provided written notice is
20 provided and accepted by the temporary president of the senate and the
21 speaker of the assembly at least one hour prior to the commencement of
22 such committee meeting.
23 This committee shall be known as the standing committee on conference
24 and:
25 (a) shall deliberate on all bills or resolutions for conference that
26 are referred to it from the legislative leaders as provided in subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06764-03-9
A. 10098 2
1 sion two of this section or as referred to it by the nonpartisan counsel
2 jointly appointed by the commissioners of the legislative bill drafting
3 commission as provided in subdivision three of this section;
4 (b) may appoint such other subcommittees as are necessary to consider
5 bills or resolutions involving particular topics that are referred to
6 the standing committee on conference; and
7 (c) shall invite the prime sponsors of the bill from each house to
8 participate as non-voting members of such committee.
9 2. Whenever a bill or resolution has passed the senate or the assembly
10 and such bill or resolution contains substantially the same provisions
11 of law or accomplishes substantially the same purposes as a bill or
12 resolution passed by the other house, such bill or resolution shall:
13 (a) at the joint request of the temporary president of the senate and
14 the speaker of the assembly; or
15 (b) at the joint request of the prime sponsor of the bill or resol-
16 ution in the senate and the prime sponsor of the bill or resolution in
17 the assembly; or
18 (c) at the joint request of the chairs of the committees which delib-
19 erated on the bill or resolution in each house
20 be referred to the standing committee on conference, which shall dispose
21 of the bill or resolution pursuant to this section.
22 3. In the alternative, each bill or resolution passed by each house
23 shall, at the written request of any member of the legislature, be exam-
24 ined by a nonpartisan counsel appointed by the commissioners of the
25 legislative bill drafting commission to determine whether a bill or
26 resolution passed in one house is similar to any bills or resolutions
27 passed in the other house. If the nonpartisan counsel appointed by the
28 commissioners of the legislative bill drafting commission determines
29 that any bills or resolutions are similar under the guidelines set forth
30 in this section, then such bills or resolutions shall be referred to the
31 standing committee on conference and that committee shall dispose of the
32 similar bills or resolutions as provided in this section.
33 4. (a) When similar bills or resolutions are referred to the standing
34 committee on conference under this section, the committee shall there-
35 after meet within ten calendar days of the referral and shall follow the
36 process set forth in this subdivision:
37 (i) the standing committee on conference shall conference the bill or
38 resolution, negotiate any necessary changes and shall issue a report on
39 the bills or resolutions submitted to it within fifteen days after the
40 referral as provided herein; or
41 (ii) the standing committee on conference shall refer such bills or
42 resolutions to a subcommittee with jurisdiction over the subject matter
43 of such bills or resolutions, which committee shall be appointed by the
44 standing committee on conference and which subcommittee shall consist of
45 four members of each house, including one member of the minority from
46 each house.
47 (b) In any event, either the standing committee on conference or the
48 duly created subcommittee shall file a report with the secretary of the
49 senate or the clerk of the assembly which shall:
50 (i) contain a conference bill or conference resolution, which has an
51 agreed on text and is supported by a majority of the standing committee
52 on conference members that conferenced the two bills or resolutions as
53 well as a minority report of the committee members, if any, regarding
54 the conference bill or conference resolution; or
55 (ii) contain a report of the standing committee on conference deliber-
56 ations on the bill or resolution and an explanation regarding the fail-
A. 10098 3
1 ure of the committee to agree on the text of the conference bill or
2 conference resolution.
3 5. Any conference bill or resolution, approved by a majority of the
4 standing committee on conference or the duly created subcommittee shall,
5 if reported favorably to the secretary of the senate and the clerk of
6 the assembly, and after receipt by those officers of each house, be
7 placed on the third reading calendar for each house and such bill or
8 resolution shall thereafter be subject to any appropriate motion,
9 including a motion to discharge or to advance for debate, at any time
10 thereafter.
11 6. (a) The nonpartisan counsel appointed by the commissioners of the
12 legislative bill drafting commission shall have experience in legisla-
13 tive bill drafting. The counsel shall serve for a one year term, which
14 may be renewed by the commissioners of the legislative bill drafting
15 commission for a term of no more than one year thereafter. The counsel
16 shall have such resources as the legislature may permit.
17 (b) In considering whether bills passed by both houses are similar,
18 the nonpartisan counsel jointly appointed by the commissioners of the
19 legislative bill drafting commission shall consider, but not be limited
20 to considering, the following factors:
21 (i) whether each bill amends the same section and subdivision of the
22 laws of the state of New York;
23 (ii) whether each bill contains similar language and concepts even
24 though it may amend different sections of state law;
25 (iii) whether each bill includes appropriations from state accounts
26 and benefits or impacts similarly-situated groups of people; and
27 (iv) whether each bill originated in a similar committee in each
28 house.
29 (c) The legislative bill drafting commission and its nonpartisan coun-
30 sel shall make an annual report to the legislature on its determinations
31 regarding the similarity of bills and resolutions and the creation of
32 conference committees.
33 § 2. This act shall take effect immediately.