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

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.