Conference Committees - National Conference of State ...

1 National Conference of State Legislatures4-39 Committee ProceduresConference CommitteesConference Committees , one of the most significant parts of the bicameral system, areplaced at the juncture of two separate legislative bodies. In fact, they often are called the third house. Conference Committees represent the necessary and formal con-tinuation of discussions that seek to resolve conflicts between the two chambers onthe same bill. These special Committees are particularly important because they oftendeal with the most significant and controversial bills considered by the legislatureeach session. Their importance also is enhanced because they most often are re-quired during the busiest time of the year near the end of the session when timeconstraints work against lengthy deliberation of the Conference committee s all states use Conference Committees , however.

2 Nebraska is one; since it is uni-cameral, there is no need to work out differences with another chamber. Interestingly,the Delaware House indicated this was not how it reaches compromise with the committee size and membership. Legislative rules generally specify howmany conferees come from each legislative body, but the number can vary. Typically,three to five members are appointed by each house. Conference Committees thatdeal with fiscal bills quite often are larger than those that work on regular bills. shows the chamber representation in Conference on a Conference committee may augment the power and prestige ofthose concerned with the particular bill, but no member serves on a Conference com-mittee by right. Each conferee comes to his or her position by appointment (see ). In two-thirds of the legislative bodies, the presiding officer appoints confer-ees.

3 Sometimes, others such as the chamber pro tem, majority leader or minorityleader are involved in Conference committee assignments. Six chambers use a com-mittee on Committees or rules committee to make appointments. In the Virginia Sen-ate, the chairman of the standing committee that handled the bill chooses the criteria for appointing members to Conference Committees vary considerablyamong legislative bodies. As table illustrates, those frequently named toconference Committees are the authors of bills, the chairs of standing Committees ,those with expertise or interest in the issue and those able to represent the body orcaucus most capably. Seventeen chambers even make sure that opposing views arerepresented by requiring at least one appointee to have originally voted against Conference of State Legislatures4-40 Inside the Legislative ProcessThe following legislative assemblies indicated that no specific criteria are used toappoint Senate and HouseMinnesota HouseIdaho HouseMontana Senate and HouseIowa SenateNew Jersey Senate and General AssemblyKentucky Senate and HouseNew York AssemblyLouisiana SenateAnother aspect of Conference membership is who acts as the committee chair.

4 Mostfrequently, co-chairs are appointed by leadership in each chamber; this is true in 36legislative bodies. In 17 states, the presiding officer or another leader from the bill shouse of origin assigns the chairmanship. Table highlights other ways bywhich Conference committee chairs are committee scope. As stated above, a Conference committee s work is toprepare a version of the bill that is acceptable to both houses. However, the avenuesto reach compromise may be bound by the scope of a Conference committee. Scoperefers to the portions of a bill open to review by conferees. There are three mainstrategies for setting the scope of a Conference committee (see table ). First, it can be limited that is, a Conference committee may consider onlythose sections of a bill where differences between the two houses occur.

5 Thirtylegislative chambers always use limited scope Conference Committees . Second, a Conference committee can be free or open, where the entire bill issubject to change. This strategy is always used by 31 legislative assemblies. Third, a combination of the first two methods may be employed. For example,the scope is designated separately for each Conference committee appointedby the Arizona Senate and the New York Assembly. In the Kentucky Senate andboth chambers in Wyoming, the first committee of Conference on a bill is limited in its consideration; however, if a second committee is appointed on thesame bill, those conferees can consider the entire bill. The Texas House sometimes suspends its scope limitation for specific provisions in a committee procedures. State constitutional provisions clearly allow eachlegislative chamber to set its own procedure, and the importance of Conference com-mittees is reflected in the considerable attention paid to them by legislative assem-blies in their individual chamber Conference of State Legislatures4-41 Committee ProceduresWhen the two chambers must work together, they sometimes find it easier to share thesame procedure.

6 Therefore, legislatures often establish joint rules to govern the pro-cess to be followed in all areas of joint activity, including Conference Committees . Inthe following chambers, Conference committee procedure is set by joint Senate and HouseNevada Senate and AssemblyAlaska Senate and HouseNew Hampshire Senate and HouseCalifornia Senate and AssemblyNew Jersey General AssemblyColorado Senate and HouseNew Mexico Senate and HouseConnecticut Senate and HouseNew York Senate and HouseIdaho SenateNorth Dakota Senate and HouseIndiana Senate and HouseOklahoma Senate and HouseKansas Senate and HouseUtah Senate and HouseMaine SenateVermont Senate and HouseMaryland SenateWashington Senate and HouseMichigan Senate and HouseWest Virginia Senate and HouseMinnesota Senate and HouseWisconsin SenateMississippi HouseWyoming Senate and HouseMissouri HouseMontana Senate and HouseA more specific question regarding Conference procedures concerns the vote requiredin the committee to reach agreement and approve the report (see)

7 Table ). Themost common method is for the conferees of each house to vote separately. Morethan 60 percent of the survey respondents indicated that, to adopt the conferencecommittee report, a majority vote of the conferees from each chamber is required. Amajority vote of all Conference committee members is necessary in another 17 cham-bers. In Iowa and New Hampshire, however, adoption of the Conference committeereport requires a unanimous vote by both the Senate and House important aspect of Conference committee procedure is obtaining the correctsignatures on the committee report (see table ). Most legislatures indicatedthat a majority of the conferees from each body must sign the final report. A few statesreported having other signature requirements. For example, in 12 legislative bodies,all conferees must sign the report.

8 In the Arkansas House, Idaho Senate, New MexicoHouse, New York Assembly and Utah Senate, only the Conference committee chair(s)must sign of a Conference report by the legislature. Once a Conference committeereport has been adopted by the conferees and all necessary signatures have beenobtained, the report must be taken up by each chamber of a legislature. But whichhouse considers the Conference committee report first? Table illustrates thisprocess. For example, survey respondents from 35 legislative bodies indicated thatthe originating chamber that is, the chamber in which the bill originally was intro-duced hears it first. In another 16 assemblies, the nonoriginating chamber is first toconsider the report. Twenty-eight legislative bodies replied that it varies, dependingupon which chamber requests the Conference , has the bill papers, fulfills notice orNational Conference of State Legislatures4-42 Inside the Legislative Processprinting requirements first, etc.

9 Both chambers in Connecticut and the Hawaii Senateresponded that Conference reports are taken up simultaneously by both , the floor vote required for the body to adopt a Conference committee reportis either a majority of the members present and voting or a majority of the electedmembers (see table ). In some chambers, however, a Conference report mustbe adopted by whatever vote was required by the chamber to pass the original , if the bill originally needed a two-thirds vote to pass, the Conference com-mittee report would require the same extraordinary vote for floor vote on a Conference committee report is taken by roll call in 55 legislativebodies, while 28 chambers do not require a roll-call vote to adopt the that Require a Roll-Call VoteAlabama Senate and HouseMontana Senate and HouseAlaska Senate and HouseNew Jersey General AssemblyCalifornia Senate and AssemblyNorth Carolina HouseColorado Senate and HouseNorth Dakota Senate and HouseConnecticut Senate and HouseOhio Senate and HouseFlorida SenateOklahoma HouseHawaii SenateOregon Senate and HouseIllinois Senate and HousePennsylvania Senate and HouseIndiana Senate and HouseSouth Dakota Senate and HouseKansas Senate and HouseTennessee Senate and HouseKentucky SenateUtah HouseLouisiana Senate and HouseVirginia Senate and HouseMaryland SenateWashington Senate and HouseMichigan Senate and HouseWest Virginia HouseMinnesota Senate and HouseWisconsin Senate and AssemblyMississippi HouseWyoming Senate and

10 HouseMissouri Senate and HouseChambers that Do Not Require a Roll-Call VoteArizona Senate and HouseNevada Senate and AssemblyArkansas HouseNew Hampshire Senate and HouseFlorida HouseNew Mexico Senate and HouseGeorgia HouseOklahoma SenateHawaii HouseSouth Carolina HouseIdaho Senate and HouseTexas Senate and HouseIowa Senate and HouseUtah SenateKentucky HouseVermont Senate and HouseMaine Senate and HouseWest Virginia SenateMaryland HouseNational Conference of State Legislatures4-43 Committee ProceduresTable Number of Members Appointed to Conference CommitteesNon-Fiscal ConferenceCommitteeFiscal Conference CommitteeState (1)SenateHouseSenateHouseAlabama3333 Alaska3333 Arizona3-53-53-53-5 ArkansasVariesVariesVariesVariesCaliforn ia3333 Colorado3333 Connecticut3333 DelawareNANANANAF lorida3-53-510-1410-14 Georgia3333 Hawaii3-53-7W ays & MeansmembersFinance membersIdahousually 3usually 3usually 3usually 3 Illinois5555 Indiana2222 Iow a5555 Kansas3333 Kentucky333 or more3 or moreLouisiana3333 Maine3333 Maryland3333 MassachusettsMichigan3333 Minnesota3 or 53 or 53 or 53 or 5M ississippi3333 Missouri5555 Montana3333 National Conference of State Legislatures4-44 Inside the Legislative ProcessTable Number of Members Appointed to Conference Committees , cont ConferenceCommitteeFiscal Conference CommitteeState (1)