For your information and use in the 2003 session, we enclose summaries of the House Rulings from the 2002 sessions. These summaries will be included in the House Precedents section of the 2003 edition of the Rules and Precedents of the General Assembly. They will also be available on-line at our website and from the legislature's home page.

As always, our goal is to make these summaries as complete, accurate, and useful as possible. If you or members of your staffs have any comments or suggestions, please let us know.

Cc: Marcia Goodman, LCO

Ann Clark, House Clerk's Office

David Rose, House Democrats

Mary Anne O'Neill, House Republicans

AMENDMENT GERMANE

The bill authorized bonding for the 21^st Century UConn project. House "A" authorized OPM to issue bonds and make $ 1 million available to each city and town for FY 2005-06. A member raised a point of order that the amendment was not germane to the underlying bill because it dealt with different sections of the General Statutes.

The deputy speaker ruled the point not well taken. Both the bill and the amendment dealt with bonding.

(Fritz, August 12, 2002)

AMENDMENT GERMANE

The bill prohibited employers from disciplining employee victims for taking time off to attend criminal court proceedings. House "A" prohibited employers from requiring employees to disclose their criminal records. A member raised a point of order that the amendment was not germane to the underlying bill.

The deputy speaker ruled the point not well taken. Pursuant to Mason's 402 the silken thread was achieved because the amendment was relevant, appropriate, and in a natural logical sequence to the bill's subject matter.

(Fritz, May 7, 2002)

AMENDMENT GERMANE

The bill created a procedure for transferring a motor vehicle registration when a registrant dies. House "A", a strike-all amendment, created an alternative registration transfer procedure and allowed people to designate representatives to act in their place in other situations. A member raised a point of order that under Mason's 402, the amendment did not follow in a logical sequence from the underlying bill.

The speaker ruled the point not well taken. The bill and some sections of the amendment relate to the same title and chapter of the motor vehicle statutes.

(Lyons, April 26, 2002)

AMENDMENT NOT GERMANE

The bill required certain municipal contractors to disclose campaign contributions. House "A" was adopted, a strike-all amendment establishing recall procedures for chief elected officials of certain municipalities. House "B" required the secretary of the state to prepare voter guides. A member raised a point of order that House "B" was not germane to the underlying bill, as amended.

The deputy speaker ruled the point well taken. The amendment is not relevant, appropriate, or in a logical sequence to the subject matter of the underlying bill.

Another member offered House "C", which required municipal contractors to disclose campaign contributions and changed the election day voter registration law. Citing Mason's 402, a member raised a point of order that the amendment was not germane to the underlying bill.

The deputy speaker ruled the point well taken. The amendment does not follow the logical sequence of the underlying bill.

(Hyslop, May 8, 2002)

AMENDMENT NOT GERMANE; AMENDMENT GERMANE

The bill concerned medical savings accounts. House "A" allowed small employers to participate in the Municipal Employee Health Insurance Plan administered by the state comptroller. A member raised a point of order that the amendment was not germane because it dealt with the comptroller's authority to sell insurance under an existing health plan, while the bill created a new type of health insurance.

The speaker ruled the point well taken. Although both the bill and the amendment dealt with the same chapter of the General Statutes, they relate to different titles of the statutes. The bill creates a new type of coverage and the amendment changes an already existing type of coverage.

A member offered House "B", which also permitted the comptroller to offer insurance to small employers, but specified that such insurance could not be in the form of a medical savings account. A member raised a point of order that the amendment did not follow in a logical sequence from the bill and conflicted with its spirit.

The speaker ruled the point not well taken. The bill authorizes medical savings accounts and the amendment prohibits their use for particular employees.

(Lyons, April 30, 2002)

AMENDMENT NOT GERMANE

The bill regulated eel fishing. House "A" prohibited leg-hold traps. A member raised a point of order that the amendment was not germane under Mason's 402.

The deputy speaker ruled the point well taken. Leg-hold traps are not relevant or appropriate to, and do not follow in a natural logical sequence from fisheries, the subject of the underlying bill.

(Fritz, April 29, 2002)

BUSINESS BEFORE THE HOUSE

During the second year of the biennial budget, an emergency certified bill, which had passed the Senate by a simple majority, combined budget and deficiency appropriations. It included provisions transferring carry forwards and money that had been appropriated to various agencies in the previous fiscal year, allowing the funds to be used for different purposes. Because the prior year's appropriations were from surplus, the state's spending cap rules required a supermajority (60%) for passage in that year.

The minority leader raised a point of order that the bill was not properly before the House because it had not passed in the Senate by a 60% margin.

The speaker ruled the point not well taken. In her opinion, the legislature was not exceeding the spending cap. Historically, carry forwards have neither been part of the spending cap calculation nor have they been deemed an appropriation.

The minority leader appealed the speaker's ruling. He agreed that the state had not reached the spending cap, but stated that by adding deficiency appropriations to the budget bill, the Senate had allowed funds that had been subject to the supermajority rule last year to be reallocated for different purposes by simple majority. He stated that this undermines the intent of the Connecticut Constitution's spending cap provision.

Another member also argued against the speaker's ruling, stating that a vote in opposition to the Constitution is a breach of the oath of office members took.

The majority leader supported the speaker's ruling. He stated that once surplus is appropriated, it ceases to be surplus. In his view, once surplus and other funds are commingled, it is not possible to say when an expenditure is from surplus or something else. The Constitution refers to unappropriated surplus and the money in the bill before the chamber had been appropriated in the prior year.

The speaker's ruling was sustained on a roll call vote.

(Lyons, April 25, 2002)

DEBATE, CONDUCT OF; AMENDMENT NOT GERMANE; AMENDMENT GERMANE

During debate on a bill creating a referendum procedure for consolidating West Haven's fire districts, a member stated that another member had stated that he was only submitting the legislation because he owed a favor. A member raised a point of order that it was inappropriate to question another member's character.

The deputy speaker ruled the point well taken.

(Fritz, May 3, 2002)

The bill was passed temporarily. When it was next taken up, a member offered House "C," which prohibited businesses from selling advertising space in booklets for the purpose of raising money to support or defeat a referendum question. A member raised a point of order that the amendment was not germane.

The deputy speaker ruled the point well taken. Citing Mason's 402, he noted that the bill and amendment concerned different chapters and titles in the General Statutes.

Another member offered House "D," which allowed towns to hold referenda to regulate smoking in buildings. The bill's proponent raised a point of order that under Mason's 402 the amendment was not germane.

The deputy speaker ruled the point well taken for the same reasons as his prior ruling.

A member asked the bill's proponent whether, under current law, corporate advertising booklets could be used to raise money to support or defeat a referendum question concerning the merger of West Haven's fire districts. The proponent answered affirmatively. The member then offered House "E," prohibiting the use of corporate advertising booklets to raise money to support or defeat a referendum and generally barring candidates from accepting corporate donations. The bill's proponent raised a point of order that the amendment was not germane.

The deputy speaker ruled the point not well taken.

(Hyslop, May 7, 2002)

DEBATE, CONDUCT OF; AMENDMENT GERMANE; AMENDMENT - NO FISCAL NOTE

The House took up a Senate bill amended by Senate "A. " The bill dealt with taxing in Enterprise Zones and the amendment permitted distressed municipalities to give property tax breaks to recently constructed power plants. Speaking against the amendment, a member stated that for several years one of the Senate sponsors had worked against cleaning up older power plant emissions in Connecticut.

A member raised a point of order that it is inappropriate in debate to question the motives of another member.

The deputy speaker ruled the point well taken.

Another member raised a point of order that Senate "A" was not germane to the underlying bill.

The deputy speaker ruled the point not well taken. Both the bill and the amendment dealt with taxing.

The House adopted Senate "A. " A member raised a point of order, stating that he wished to make a motion to refer the bill to the Energy Committee.

The deputy speaker ruled that a member cannot rise for a point of order and make a motion at the same time.

The member made the motion to refer, which was defeated. Another member offered House "A," which would tax trash to energy plants. A member raised a point of order that there was no fiscal note for the amendment.

The deputy speaker ruled the point well taken. An amendment is not properly before the chamber unless it has a fiscal note.

(Hyslop, May 6, 2002)

SP-L: ro