BILL NUMBER: S2304
SPONSOR: KRUEGER
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 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 Assem-
bly 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 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.
FISCAL IMPLICATIONS:
None.
LEGISLATIVE HISTORY:
2009-2010: S.5404/A.3853
2011-2012: S.381A/A.8637
2013-2014: S.1473/A.257
2015-2016: S.2666/A.5753
2017-2018: S.4578 Governmental Ops
2019-2020: S.4001A/A10098 Passed Senate
2021-2022: S.2725/A6701 Passed Senate
2023-2024: S.2420 Passed Senate
EFFECTIVE DATE:
This act shall take effect immediately.