Conference committees are a widely established mechanism used by the Congress and state legislatures to resolve differences in similar legislation passed by separate houses. Our research found some common approaches to conference committees on the budget, although we also identified important variations by legislature.

Common Approaches

 No executive role. This is a legislative process.

 Consider differences between versions of bills passed by each house.

 Meetings are open to the public.

 Established in legislative rules rather than by statute.

 Members appointed by leadership.

 Approval of a conference committee report (an agreement) requires a majority of the members appointed from each house. The report/revised bill is then sent to each chamber for final passage in its entirety.

 No separate conference committee on the financial plan.

Variations

 Frequency of use. Some states use conference committees regularly as part of the budget process; others only as needed.

 Degree to which the overall levels of available funds are set before conference committees start.

  Degree and nature of guidance to the conference committees from legislative leadership.

Establishing conference committees on the budget sets up a cooperative framework for resolving the differences between similar versions of budget bills passed by each house. The use of this mechanism may provide a means to work toward agreements on many issues, and further opens up the process to the public. It should be noted that the conference committee structure alone cannot be expected to resolve all differences, but success in other states indicate the process may help to expedite New York state's lengthy and complex budget process.

Delaware and Nebraska are the only states without conference committee procedures. Nebraska, being unicameral, does not need them, and Delaware relies upon a joint appropriation committee instead. Some states, such as Oregon, have conference committee procedures, but use other mechanisms to help enact the budget (e.g., the Oregon Joint Budget Board).

In New York, the Assembly and the Senate adopted a joint rule in 1995 authorizing conference committees (see p.6 for Permanent Joint Rule II). While the conference committee mechanism has yet to be used to resolve budget differences in New York, it has already been applied successfully to other issues. A conference committee was first used in 1995, to extend the speed limit to 65 mph on the Thruway. During New York's 1996 session, conference committees were used to reach compromise on legislation establishing mandatory minimum maternity care and coverage, giving small city school districts the right to vote directly on school budgets, and creating a pesticides registry. In 1997, a conference committee worked out an agreement to deliver low cost power for business development in New York.

Conference committee procedures contribute to more openness and greater public understanding of the budget process, although variations in the respective state budget processes affect the way conference committees are used and whether budgets are produced on time. In addition, conference committees may or may not be a recurring part of the budget process. Maryland, for instance, incorporates conference committees into the budget process timetable, but in Wisconsin, conference committees are only called as needed.

The procedures for conference committees on the budget in the eight states selected for review in this report--California, Florida, Illinois, Maryland, Michigan, Minnesota, Pennsylvania and Wisconsin--are profiled in the following pages and summarized in a table beginning on p.7. These states were selected because they have used conference committees for resolving budget differences between the houses, are among the larger states, and are considered to have demonstrated some progressive budgetary practices.

Rules.  As in New York, the eight states examined all define conference committee procedures in legislative rules. However, some states are very specific about actions to be taken (e.g., number of members from each house on conference committees) while others are not. Different houses within the same state may also have different rules.

Composition.  Conference committee membership tends to come from the fiscal committees of each house. In seven of the eight states examined, conference committees are relatively small, including from three to five members from each house. Rules usually provide for minority representation. Florida's conference committees, however, have included the full fiscal committee membership from one house. In New York, Permanent Joint Rule II states that five members shall be appointed from each house unless otherwise specified. Minority party representation from each house is also provided under Permanent Joint Rule II.

Financial Plan Parameters.  There are variations across the states in terms of how the overall levels of available funds are set for budget conference committees and the degree that the levels are binding. It appears that no state has a separate conference committee on the financial plan, although in many states a joint committee and/or fiscal staff exists to assist with budget analysis. Conference committees in some states are legally bound by already completed revenue forecasts (e.g., Minnesota, Florida). In Massachusetts, a consensus forecast for tax revenues is binding, but non-tax revenue and related spending levels (e.g., federal funds) are negotiated in conference. In Michigan, following a formal estimating conference, legislative leaders and the governor informally set target levels before the conference committees meet. In Vermont, the first order of business for the conference committee is to try to agree on target levels.

Operation.  The operations of conference committees vary by state and reflect their budget process. Michigan and Minnesota, for example, have multiple appropriation bills and, if necessary, establish separate conference committees for each bill. Wisconsin usually has one budget bill and establishes one conference committee. In Illinois, one conference committee reports on all the governor's appropriation bills. Generally, conference committees in each of the states examined are directed to discuss the differences between the two houses, but these rules can be waived in some states such as Florida.

Reports.  In New York, a majority of the members of each house's delegation on the conference committee must approve the conference committee's recommendations. Many states require the majority approval of conferees from each house to issue a report. These reports vary across the states. The California conference committee, for example, issues only a set of amendments to the budget bill. In Maryland, the conference committee report consists of formal amendments, a description of the actions taken by the committee, and a summary fiscal analysis of the impact of the amendments on the budget. When conference committees cannot reach agreement, some states such as California, have a process to reconstitute a conference committee.

The federal government operates on an annual budget. By early February of each year, the President submits a budget for the fiscal year starting on October 1. Congressional budget actions may be classified into three distinct types: a) adoption of a budget resolution; b) passage of the annual appropriations bills; and c) passage of legislation affecting the Federal budget, such as authorizing legislation and reconciliation bills. Congress has various procedures for linking these different types of measures. Congressional success at meeting the different deadlines associated with budget passage varies year-to-year.

Congress forecasts the economy, receipts and disbursements, and has a legislative financial plan (the budget resolution). The budget resolution, which is supposed to be adopted by April 15, contains revenue and spending levels for five years, but only the figures for the first year are binding. Because it is a concurrent resolution, the budget resolution does not have statutory effect. The budget resolution contains three main sections: aggregates, functional allocations, and (optionally) reconciliation instructions. The aggregates include total revenues, total new budget authority, total outlays, the debt limit, direct loan and loan guarantee levels. The new budget authority, outlay, direct loan, and loan guarantee levels are allocated among 20 functional categories, but do not mention specific programs or accounts. These allocations are used to construct the appropriations bills.

Annual appropriations are provided in 13 regular appropriation bills, and usually one or more supplemental appropriation bills. By precedent, all appropriation bills originate in the House of Representatives following the model set in the constitution for tax legislation. The Senate usually considers such measures after they have been passed by the House. When the Senate changes a House-passed appropriations measure, it does so by inserting consecutively ordered amendments. In the case of disagreement between the two houses of Congress, a conference committee meets to resolve the differences.

Rules and Composition.  Conference committees are established pursuant to rules. Conferees are selected by leadership. In the Senate, the presiding officer appoints conferees on the recommendation of the committee chair having jurisdiction (or they can be selected by the Senate as a whole, something rarely done). In the House, the Speaker appoints conferees, usually after consulting with the appropriate committee chair. The size of the conference committee varies and there are no hard rules on conferee selection. Conference committees usually include the respective committee chair and the ranking minority member. In rare instances, non-committee members can be selected.

Operation.  Conferees may receive precise instructions, but are not required to follow them. Provisions or language agreed to in both bills cannot be deleted or changed. Conferees are supposed to be limited to matters of difference between the House and Senate. In appropriation bills, where money amounts differ, conferees are supposed to stay within the "high" and "low" limits of the two bills, but this is not always followed in practice. Conference committees must be open, unless the full House votes to close. Under certain conditions, conferees may draft entirely new legislation but are limited to including any matter which is a germane modification of subjects in disagreement. Conferees are not permitted to include anything not committed to them by either chamber.

Reports.  Conference reports contain two sections, the report itself containing bill language and a "Joint Explanatory Statement" explaining the changes. The conference report is signed by a majority of conferees from each house and submitted back to each house for approval. Minority reports are not permitted. If conferees cannot agree, they may return to their houses for further instructions. Failures to agree may also be reported back, permitting no further action on the legislation. The entire conference committee report must be adopted, with minor exception for non-germane Senate amendments which the House can drop (rules provide for ironing out differences). Approval of the conference report by both houses acts as final approval.

A conference committee process has yet to be used in New York to resolve budget differences, although it has been applied successfully to other issues. According to Joint Rule II, which establishes its use, the Temporary President of the Senate and the Speaker of the Assembly may jointly convene a conference committee to consider and report upon differing versions of legislation passed by each house.

Conference committees consist of five members from each house with minority representation appointed by the presiding officers in each house. Meetings are to be open to the public. Output from the conference committees consist of a written report setting forth the recommendations of the committee and may include specific bill language that would implement the recommendations. The report must be approved by a majority of the members of each house's delegation on the committee.

California has an annual budget with approximately six months for budget consideration. The budget is often not resolved by the June 15th constitutional deadline, but is often competed within the next weeks, usually by the fiscal year start of July 1.

For the last few years, the Senate has met the constitutional super majority requirement and passed its budget bill. The Assembly has been unable to pass a budget bill by the two-thirds majority required by the constitution, but has passed a resolution by a simple majority deeming that the bill may be discussed in conference. A conference committee is called, without both houses passing budget bills.

The budget bill includes operations and capital, but there may be 10-15 "trailer" bills to implement the budget (e.g. revenue tax bills). There is one conference committee on the budget bill. Since trailer bills are tied into the budget bill, they may be discussed in the proceedings of the conference committee, but will not be included in the conference committee report. Trailer bills typically do not go into conference. If there is a conference committee, then the members may be the same as for the appropriation bill.

To determine the starting point for conference committee discussions of revenue and spending levels, the legislature relies on the forecasts of the executive's Department of Finance, and the subsequent review and adjustments made by the Legislative Analyst's Office. Conferees are not bound by these projections. On the first day of the conference committee, the Department of Finance does a presentation comparing the positions of each house with those of the executive. The Department of Finance returns as positions change to provide further comparative information.

Conferees may be fiscal committee members, but they do not have to be. The chairs of the fiscal committees tend to be on the conference committee. The chair of the conference committee tends to be the chair of the budget committee from whichever house originates the bill. Legislative leaders do not provide exact guidance to the conference committee, and the Senate members, especially, are given considerable latitude for negotiation.

The conference committee for the budget only looks at matters of difference. Recommendations are limited to the highest amount in either version of the bill. By rule, at least two votes from each house are required to approve the report, which is a set of amendments to one budget bill, not a detailed written report.

The conference committee on the budget has 15 days (following budget passage in each house) to complete its report. If both houses reject the report, then a reconstituted conference committee starts again, for at most three times. It is a constitutional requirement in California that all budget legislation, including the conference report, pass by a two-thirds vote in both houses. In recent years, the conference report has been accepted.

Although 98% of all issues are resolved in the conference committee, often the "Big Five" (the majority and minority leaders in each house as well as the governor) meet to settle remaining issues.

Conference Committee Procedures in California

 Established by joint rules.

 Conference committees are composed of three appointees selected by the Speaker of the Assembly and three appointees selected by the Committee on Rules in the case of the Senate (Joint rule 28). Each house selects two members from those voting with the majority on the issue about which the difference has arisen, and the other member from the minority, in the event there is a minority vote. This is determined by his or her vote on the appropriate roll call (Joint rule 28.1).

 A vote of at least two members from each house on the conference committee is required to approve a conference committee report, otherwise, a second conference committee is set up (with new members) (Joint rule 29).

 The first conference committee on the budget bill must submit its report to each house no later than 15 days after the budget bill has been passed by both houses (if no report is submitted by that date, then the committee has been deemed to have reached no agreement, and shall inform each house). (Joint rule 29.5)

 A conference committee on the budget can only consider differences between the versions of the budget bill as passed by each house and cannot approve any item of appropriation which exceeds that contained in one of the versions before the conference committee. (Joint rule 29.5)

 Only conference committees on the budget bill and the budget implementation bills may approve any substantial policy change in any bill if that change has been defeated in a policy committee of the Senate, or a policy committee of the Assembly, within the current legislative session. (Senate rule 29.6, Assembly rule 5.6)

 After approval by the conference committee, the report goes to both houses for approval, and is not subject to amendment. The conference committee report is subject to same constitutional requirement of a two-thirds affirmative recorded vote as required by the constitution upon the final passage of the bill affected by such report. (An affirmative recorded vote of two-thirds of the entire elected membership of each house is required to adopt any conference committee report affecting any bill which contains an item or items of appropriation which are subject to, for California, Subdivision (d) of Section 12 of Article IV of the Constitution.) If not approved, the conferees are discharged and new conferees appointed (provided that no more than three different conference committees shall be appointed on any one bill). The vote on concurrence or upon the adoption of such conference committee report shall be deemed the vote upon final passage of the bill. (Joint rule 29)

 Conference committee meetings on the budget bill shall be open and readily accessible to the public (Joint rule 29.5).

Florida has an annual budget, and the state fiscal year starts July 1. The governor submits executive requests 45 days prior to the annual legislative session. During the 60 day legislative session, the legislature crafts the appropriation bill. Over the past 10 years, staff indicated that there were only three budgets passed within the nine-week period, but always before the start of the state fiscal year.

There is usually one conference committee to consider both the budget bill for actual appropriations (operations and capital) and one implementing bill. There may be supplemental bills, but a conference committee is usually not called for these bills. Conference committees are used every year, and usually work from the fifth week of session until the end.

Target allocations tend to be determined by general policy, by presiding officers, and the chairs of the appropriations committees before the conference committee starts working. Revenue estimates are set by a consensus forecasting process that determines the amount available for appropriation.

Florida conference committees for the budget vary in size (in 1995, the Senate had 36 members on the budget conference committee). The members of the conference committee typically, but not always, are members of the full Appropriations Committee in the House and the full Ways and Means Committee in the Senate. The chair of the conference committee rotates each year between the houses, and the chair tends to be the chair of the fiscal committee (Appropriations in the House; Ways and Means in the Senate).

Typically, the conference committee selected by the House may include the chair and vice-chair of the Appropriations Committee, the chair and vice-chair from each of its five subcommittees, and other members from the full committee based on seniority and expertise. In practice, the Senate's members include the chair and vice-chair of the Ways and Means Committee, the chairs of each of its four subcommittees, at least one leading minority member from each of the subcommittees, and others representing a geographic and political balance.

The Senate only considers differences, unless rules are waived. What is in the report must be in one bill or the other. The conference committee is divided into subcommittees to do work, dealing with separate policy areas (e.g. education, criminal justice). Any issues not resolved by the subcommittees go to the full committee chairs. Issues not resolved by full committee chairs go the Speaker and the President. The committee issues two reports, one on the appropriations bill and one on the implementing bill. A majority of members from each house must sign both reports.

Conference Committee Procedures in Florida

 Established by separate house rules.

 The number of members on a conference committee is not predetermined. The House requires that no less than a majority of appointments have to have supported the House's position on the bill (House rule 6.57).

 Conference committee reports must be approved and signed by a majority of conference committee members from each house. A House rule is that the report shall be accompanied by the original bill (House rule 6.58). A Senate rule is that amendments recommended shall accompany the report, which shall be attached to the original measure submitted to conference (Senate rule 2.19).

 A Senate rule requires conference committees to consider and report only on the differences existing between the Senate and the House, and no substance foreign to the bills before the conferees shall be included in the report or considered by the Senate (Senate rule 2.19).

 House requires a vote to be on adoption or rejection of the report in its entirety, and then a roll call vote on final passage of the amended bill recommended (House rule 6.59). A Senate rule is that the vote shall be on the adoption or rejection of the report and final passage of the measure as recommended (Senate rule 4.5). If not passed, conference committee continues (House rule 6.59).

 Rules exist for the Senate relating to the notice of meetings for committees for general appropriations act or revenue matters (Senate rule 2.19).

 A general appropriations bill is subject to a 72-hour public review period before a vote is taken on the report by either house (Joint rule 2.1).

 Meetings are open to the public (House rule 6.57, Senate rule 1.441).

Illinois has an annual budget. The governor's budget presentation and appropriation bills are submitted to the legislature in early March. Legislative action on the budget should be completed by June 1, the start of the new fiscal year (switched in 1995 from July 1). Historically, the budget is completed close to the start of the fiscal year or shortly thereafter.

The legislative Economic and Fiscal Commission prepares and reports an estimate of state revenues to the General Assembly at the start of the regular session, with an update two weeks after the governor submits the budget. The executive budget division also produces revenue estimates. Appropriations may not exceed these estimates. In recent years, the appropriations committees have favored the governor's estimates which were less conservative.

Traditionally, the governor's appropriation bills numbered over 100, but in recent years, the governor has bundled his submission by subject area into approximately six omnibus bills. Consideration of half of the governor's bills begins in one house; half in the other.

Near the end of session, party leadership bring together the different bills to produce a budget. Negotiations between legislative leaders and the governor settle the spending parameters and other issues before conference is called. The use of a conference committee during the last two weeks of the session is a regular part of the budget process. The conference report brings together all the bills into one report. Before the floor vote on the report, appropriations committees in each house must hold subject area hearings on the report.

Conference Committee Procedures for Illinois

 Established by separate rules.

 Illinois conference committees are composed of 10 members, five from each chamber. The presiding officers each select five (i.e., the President of Senate would select three and the Minority Leader of Senate two, and the Speaker would select three representatives and the Minority Leader two). (House rule 8-2, Senate rule 8-2)

 Conference committee process is always used for the budget. A conference committee report must be signed by at least six conferees. (House rule 8-3, Senate rule 8-3)

 After the conference files the report (for an appropriation bill), it goes to the Rules Committee of each chamber's jurisdiction, and then is the subject of a public hearing. (House rule 8-4, Senate rule 8-4).

 If the conference committee is unable to reach agreement, or in the event that neither chamber adopts the committee's report, a second conference committee may be called. In the event either chamber refuses to adopt the report of a second conference committee, the two chambers shall have adhered to their disagreement, and the bill or resolution is lost. (House rule 8-5, Senate rule 8-5)

In Maryland, the state fiscal year begins July 1. The session is 90 days, and the budget is usually introduced by the governor on the eighth day of session. The budget bill must be enacted by the end of the 83rd day of session. Over the past ten years, the budget has been on-time about 90% of the time. In Maryland, the conference committee is built into the schedule for getting the budget done on time.

Maryland has one budget bill introduced by the governor for operations. This is an omnibus bill and may include some capital spending. There is also one executive capital budget bond bill. There may also be individual bond bills and supplemental appropriation bills introduced by the legislature. One conference committee is called for the executive budget bill (for operations). Usually, the same conferees may be used to deal with the executive operating budget bill and the capital bill, but the capital bill moves one week behind the operations bill. If there is a separate tax bill, then the conference committee is typically composed of the same Senate members as the budget bill for operations, but different House members (typically chair and vice-chair of the Tax Committee).

Proposed spending in Maryland is guided by the recommendations of the Spending Affordability Committee. The committee consists of legislative leaders (majority and minority), fiscal committee chairs as well as other members selected by the legislative leaders. In recent years, the committee has consisted of 18 legislators assisted by an advisory committee of private citizens.

By December 1 of each year, the committee makes recommendations for the budget to be considered in the upcoming session. This includes overall levels of state spending, levels of new debt authorizations, levels of state personnel and the use of any state surplus. The committee bases its recommendations upon the "September Forecast" of the legislative Department of Fiscal Services that contains an estimate of projected revenues and expenditures for the upcoming fiscal year. Although these recommendations are not binding upon the budget, the governor must provide an explanation if the amounts in the executive budget are in excess of the committee's recommendations. Since its establishment in 1982, the governor and the legislature have generally followed the parameters suggested by the committee.

The budget tends to go to conference committee about 15 days before the end of session. Members tend to be from the fiscal committees of each house (the chair, vice-chair, and ranking minority member of the fiscal committees). The House also brings along the four subcommittee chairs of the budget committee, and the Senate brings along one subcommittee chair, but they are not formal members of the conference committee.

Normally, the conference committee does not deal with discussing revenues, except when changes are made to tax laws. The executive has no formal role in the conference committee process, but as the meetings are open to the public, representatives may be present.

The Maryland conference committee for the budget bill works on all issues. The conference committee is limited to mainly discussing differences between the bill and follows the sequence of the bill. The Department of Fiscal Services, the joint legislative budget office, leads the discussion giving an analysis of each issue, and staff may be called upon for more analysis.

A majority of all conferees must sign the report. The report includes the formal amendments to the bill, description of actions taken, summary of what budget will look like with amendments, fiscal analysis (out-year forecasts). The report goes to the house where the budget bill originated. This house adopts the report, then passes the bill. The bill then goes to the second house for the same process. In practice, the conference committee report has always been adopted. With the conference committee for the capital budget, the process is the same as the operating budget. With the capital budget, legislation can be added. As a matter of procedure, local bond bills may also be considered here.

Conference Committee Procedures in Maryland

 Established by separate house rules.

 Conference committees include three members from each house. In the Senate, after consultation with the chair of the committee to which the bill or resolution was referred, the President appoints Senate members (Senate rule 21, 68). House members are appointed by the Speaker, or if required by the House, selected by ballot (House rules 17, 21).

 A Senate rule is that if the two houses are unable to concur on the final form of a supplement (or supplements) to the budget bill, and a conference committee is appointed, the Senate limits recommendations to the subjects of disagreement in the supplement(s) submitted by the governor (Senate rule 69). A House rule is that if the two houses are unable to concur on the final form of the operating budget bill, and a conference is appointed, the House limits the recommendations for the operating budget bill to the subjects of disagreement (House rule 69).

 The request for a conference committee may only be made by the house having possession of the bill or joint resolution. The bill or joint resolution shall accompany the message making the request. (House rule 68, Senate rule 68).

 A majority of all six conferees must approve and sign the report. The report may not be amended or altered. (House rule 70, Senate rule 70).

 If the Senate refuses to adopt the report of a conference committee, either the same conference committee shall reconvene or a new one is appointed (Senate rule 70). Upon adoption by the House, or Senate, of a conference committee report that recommends the passage of a bill or joint resolution in any form, the bill or joint resolution attached with the report immediately shall be considered again by the House, or Senate, on the third reading for final passage by yeas and nays (House rule 71, Senate rule 71).

Michigan has an annual budget, and the fiscal year starts October 1. The time to consider this budget is about six months, although the budget does not have to be finished until September 30th. Late budgets have occurred three times in the past ten years with one enactment after October 1.

Michigan has 14 or 15 budget bills that include appropriations. There may also be 10-20 separate implementation bills. There is also a capital budget bill. Generally, not all of the appropriation bills need to go to conference committee. Separate conference committees will be established for each bill.

By tradition, the conference committee consists of members from the relevant appropriations committee subcommittee in each house. The Senate and House have subcommittees roughly corresponding to the 15 budget bills, broken down by policy area. The conference committee chair, appointed by the presiding officer of the house of origin of the bill, is typically the chair of the subcommittee.

In a conference committee for a budget bill, only items of difference are discussed. A minimum of two votes from each house is required to approve the conference committee report which includes amendments to the bill. A straight up or down vote is then taken by each house on the report.

Conference committees tend to meet at the end of session, and many times these meetings are brief. The executive has no formal role in the conference committees.

A formal estimating conference determines the amount of revenues. The legislative leaders and governor then informally set target levels before conference committees meet. Targets are done, generally, by department. Conference committees are made aware of the target amounts and if more is desired, the conferees must go back to the legislative leaders and the governor.

Implementing bills generally do not go to a conference committee. However, if it is necessary that an implementing bill goes to conference, chances are that this committee will not be the same members as the budget conference committee, but may include an appropriations committee member.

The capital budget bill goes through a joint subcommittee of the appropriation committees and typically will not go to conference.

Conference Committee Procedures in Michigan

 Established by joint rules.

 Three Senate members are appointed by the Senate Majority Leader, effective until disapproved by a majority of the Senators. The Majority Leader also appoints minority party members from a list submitted by the Minority Leader (Senate rule 1.105). Three House members are appointed by the Speaker (House rule 8).

 Only matters of differences are considered (Joint rule 8).

 A conference committee report must be approved and signed by at least a majority of the conferees of each house (Joint rule 3).

 If conferees are unable to agree, a second conference committee is established (Joint rule 6). If a second conference committee fails to reach an agreement, or when a second conference committee report is rejected by either house, no further conference committee is in order (Joint rule 7).

 Conference committee reports are not subject to amendments or division (Joint rule 9).

 The official bill, including the original signed conference committee report go to house of origin first. If defeated, then new conferees are appointed. If the report is adopted in the first house, then it goes to the second house. If not approved there, it is again open for a second conference. (Joint rules 3, 5)

 Scheduled meetings are to be publicly posted (Joint rule 4).

Minnesota has a biennial budget, done in odd-numbered years. The amount of time for budget consideration is approximately four and one-half months. The state fiscal year starts July 1. Over the past ten years, the budget has been late a few times, although it has always been completed by the start of the fiscal year.

Minnesota has eight or nine major appropriation budget bills as well as a capital bill and tax bill. Legislative leaders meet informally prior to the start of the conference committee process to set the spending levels for each bill. In practice, conference committees have always stayed within these targets.

There are separate conference committees for each budget bill. For the appropriation bills, five members are selected from each house. These members tend to be selected from the finance division (or subcommittee) of the policy committee through which the bill passed (e.g., Transportation finance division of the Transportation committee). The chair tends to be the chair of the division that produced the bill. Conference committee representation is proportional to the party membership of each chamber.

In conference committees for the appropriation bills, differences are discussed. The report consists of a rewrite of the bill, or a new bill. Included with the report will be a spreadsheet and a narrative explaining what was done and resolved. The vote on the conference committee report is an all or nothing vote on whether to take the amended bill, followed by a final vote on the bill itself.

Appropriation budget bills may contain implementing language. There may also be additional language bills (e.g., setting up a new program). Conference committees for these additional bills may or may not consist of different members from the budget bills conference committees. Separate conference committees, if needed, are called for the tax bill and for the capital bill.

Conference committees are used every year even though it is a biennial budget process. In even-numbered years, revisions are made to the budget. In even-numbered years, there may be just one bill, with subcommittees of one or two members to deal with issues.

Conference Committee Procedures in Minnesota.

 Established by joint rules.

 Conference committees are composed of three members from each body or five members from each body (Joint rule 2.06). Members of the House are appointed by the Speaker. Members of the Senate are appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the Senate (Senate rule 56, Senate shall appoint those who are in accord with the position of the Senate, and whenever practical, give preference to authors of bills in dispute and to members of standing committees in which the bills were considered). Five members of each body are used usually for funding bills or controversial issues.

 Meetings of the whole conference committee must be open to the public. (Joint rule 2.06)

 Conference committee reports must be limited to provisions that are germane to the bill and amendments that were referred to conference committee (Joint rule 2.06).

Pennsylvania has an annual budget. The governor submits his budget bill in February (or March in the case of a newly elected executive) and the legislature has until the beginning of the state fiscal year, July 1 to enact a budget.

The legislature relies on the executive's forecast of revenues which are binding on the budget. There is no joint legislative body or budget office.

Conference committees for the budget are not used every year, but a conference was called in 1997 to resolve the budget. Most of the process to work out budget differences tends to be informal. When differences are worked out informally, a conference is called and members formally selected. The budget conference committees are usually composed of the presiding officer from each house with the chairs and the ranking minority members of the fiscal committees from each house.

Conference Committee Procedures in Pennsylvania

 Separate rules establish conference committees. Meetings are open to the public.

 Conference committees are legally composed of two committees (for each chamber), that meet together and function as one. Each committee has three members: two from the majority, one from the minority (House rules 5, 48, Senate rule XX.1). Appointments for the majority are made by the Speaker (from the House) and the President Pro Tempore (Senate) (House rules 5, 48, Senate rule XX.1). In practice, minority members are recommended by the Minority Leader of each chamber.

 A revised bill with a cover sheet is the product of the conference. Conference reports must be signed by at least a majority of the members of the committee of each chamber (House rule 48, Senate rule XX.3).

 A Senate rule is that the conference committee is only to deal with differences, unless both houses direct a free conference (Senate rule XX.2). The House rule is that conferees shall confine themselves to the differences which exist between houses (House rule 48).

 Bill goes to chamber that originated the bill first. Once approved, it goes to the second chamber for approval. (With budget bills, usually terms worked out in advance so that bill is approved.) However, if first chamber does not approve the bill, then it may go back to conference; if not approved by second chamber, a motion is needed to return to conference.

Wisconsin has a biennial budget. The fiscal year begins July 1st, and usually the budget is passed by June 30th, or shortly thereafter.

Wisconsin has one omnibus budget bill. A conference committee may be used for the budget, and typically includes three members from each house. Selection for each house is by the leadership (the Speaker in the Assembly and Majority Leader in the Senate). The conference committee may include people in leadership positions such as, for the Assembly, the Speaker, Assembly Majority Leader, and Assembly chair of the finance committee, and for the Senate, the President, Senate Majority Leader, and the Senate chair of the finance committee. During the 1993 legislative session, however, the conference committee consisted of four members from each house (three from the majority party and one from the minority party) and all actions of the conference committee had to be supported by at least three of the four members representing each house.

There are no revenue targets set for the conference committee. The amount of revenue available is set by the governor in the bill he/she submits, and the legislature then has an opportunity to make modifications. Revenue amounts may be discussed in conference committee. The executive has no formal role in the conference committee.

Typically, a comparative document is prepared for the conference committee outlining the differences and providing a summary of budget changes, by agency. The conference committee typically runs through differences point by point (which may be grouped by agency or functionality).

A majority from each house must approve and sign the report, which includes the amendments and positions taken on them. A vote is then taken by the houses on the report, and the vote is up or down on the report. A majority vote is required by each house.

Over the past 25 years (13 budgets), conference committees have been used eight or nine times.

Conference Committee Procedures in Wisconsin

 Established by joint rules.

 Conference committees consist of three members from each house, selected by the presiding officers of the respective house. Senate committee members are confirmed by the full body (Joint rule 3).

 At least two members of the committee from each house must approve the conference report. If the committee is unable to reach an agreement, another committee consisting of new members may be appointed (Joint rule 3).

 The committee report goes back to the house opposite the one that originated the bill. The vote by each house to adopt the report constitutes final action on the proposal (Joint rule 3).

The American Society of Legislative Clerks & Secretaries in cooperation with the National Conference of State Legislatures. Mason's Manual of Legislative Procedure. Revised edition. Denver, Colorado: National Conference of State Legislatures, 1989.

Hutchison, Tony, and Kathy James. Fiscal Affairs Program, National Conference of State Legislatures. Legislative Budgeting Procedures in the 50 States: A Guide to Appropriations and Budget Processes. Denver, Colorado: National Conference of State Legislatures, September 1988.

Longley, Lawrence D., and Walter J. Oleszek. Bicameral Politics, Conference Committees in Congress. New Haven, Connecticut: Yale University Press, 1989.

Telephone conversations with Ron Snell, Corina Eckl and Brenda Erickson, National Conference of State Legislatures. National Conference of State Legislatures, preliminary information from the ASLCS comprehensive survey. Received April 1997.

Review of state handbooks, legislative rules, statutes and telephone conversations with legislative clerks and other officials of the following states: California, Florida, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Pennsylvania, Vermont and Wisconsin.