For your information and use in the 2006 session, we enclose summaries of the House Rulings the 2005 regular and special sessions. These summaries will be included in the House Precedents section of the 2007 edition of Rules and Precedents of the General Assembly. They will also be searchable on-line from the General Assembly's “Legislative Documents” link.

As always, our goal is to make these summaries as complete, accurate, and useful as possible. If you or your staff have any comments or suggestions, I hope you will let us know.

AMENDMENT GERMANE

The bill allowed the consumer protection commissioner to issue a license without examination to certain contractors and journeymen under state reciprocity statutes. House “B” pushed back the date by which a person must apply to the Department of Consumer Protection to qualify for an examination waiver for a certain license. A member raised a point of order that the amendment was not germane under Mason rule 402.

The deputy-speaker ruled the point not well taken. Both proposals relate to qualifications for licenses subject to a reciprocal agreement.

Kirkley-Bey, May 10, 2005

AMENDMENT GERMANE

This bill authorized the Police Officer Standards and Training Council (POST) to cancel or revoke a police officer's certificate under certain circumstances. Senate “A” made changes in the law that entitles to reinstatement, state or local police officers who take a leave of absence or resign to participate in certain international peacekeeping operations. A member raised a point of order that the amendment was not germane under Mason's 402.

The deputy speaker ruled the point not well taken. The underlying bill has a provision giving POST de novo review over cancellation or revocation of police officer's certification. The amendment specifies circumstances under which POST may not cancel or revoke an officer's certification.

Altobello, June 4, 2005

AMENDMENT GERMANE TO BILL AND CALL OF SPECIAL SESSION

The Governor called the General Assembly into special session for the purpose of enacting legislation concerning 1) the state budget, 2) state bond authorizations, and 3) energy independence. The bill implemented various budget provisions. The amendment changed provisions of the law on privatization contracts. A member raised a point of order that, under Mason's 402, the amendment was not germane to the bill or to the call of special session.

The speaker ruled the point not well taken. Both the bill and the amendment changed the state contracting reform bill the General Assembly had passed during the regular session. Additionally, the special session call included a provision for bills needed to implement the state budget. The amendment would provide flexibility to implement the state budget should an emergency procurement issue arise, as it would allow for the shift in any state agency's budgeted resources to an emergency procurement contract.

Amann, June 28, 2005

AMENDMENT NOT GERMANE

The bill extended Medicaid benefits to individuals at a certain income level and appropriated money to the state's Medicaid agency. House “A” appropriated money to the Department of Public Safety for a statewide Firearms Trafficking Task Force. A member raised a point of order that the amendment was not germane to the underlying bill.

The speaker ruled the point well taken.

Amann, March 2, 2005

AMENDMENT NOT GERMANE

The bill required an agency commissioner to adopt regulations for approving a housing authority's decision to dispose of a housing project. House “A” provided that any inconsistencies between a state or regional plan of conservation and development could not be cause for the state's denial of any environmental permit. A member raised a point of order that the amendment was not germane.

The deputy speaker ruled the point well taken.

House “B” created a formula exempting more municipalities from the affordable housing appeals procedure. 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 dealt with the construction of affordable housing while the bill dealt with the demolition of public housing.

House “C” related to the maximum density zoning requirements applicable to affordable housing. A member raised a point of order that the amendment was not germane.

The deputy speaker ruled the point well taken. The amendment related to the construction of affordable housing while the bill related to the demolition of public housing.

Godfrey, May 5, 2005

AMENDMENT NOT GERMANE

The amended bill subjected all state and municipal building construction contracts exceeding a certain amount to a requirement that the contractor prove that certain employees had completed a safety course. House “B” would have prohibited municipalities from entering into project labor agreements without a public hearing. A member raised a point of order that the amendment was not germane to the amended bill.

The deputy speaker ruled the point well taken. Agreements that concern relations between labor and management raise different questions from the underlying bill on worker safety.

The minority leader appealed the ruling and the deputy speaker invited debate. A member in favor of the amendment argued that the custom is to find an amendment germane if a silken thread exists between it and the underlying legislation and cited a number of House precedents. He stated that what must be in a contract and the procedures associated with entering into a contract are on the same subject and if found not to be germane, very little will be germane.

On a roll call vote, the deputy speaker's ruling was sustained.

Altobello, May 19, 2005

AMENDMENT NOT GERMANE

The underlying bill made several changes in laws involving housing discrimination complaints filed with the Commission on Human Rights and Opportunities. Senate “A” related to training commission employees, as well as those working for the Permanent Commission on the Status of Women. A member raised a point of order that the amendment was not germane to the bill.

The deputy speaker ruled the point well taken.

Altobello, May 31, 2005

BILL GERMANE TO CALL OF SPECIAL SESSION

The governor called the General Assembly into special session for the purpose of enacting legislation concerning (1) the state budget, (2) state bond authorizations, and (3) energy independence. The bill would have allowed the attorney general to bring an action on behalf of the General Assembly to enforce the provisions of the federal No Child Left Behind Act. A member raised a point of order that the bill was not germane to the call of the special session.

The deputy speaker ruled the point not well taken. State statute requires that any costs incurred by boards of education that are attributable to No Child Left Behind can only be paid from federal funds. The documented shortfall for No Child Left Behind mandates will have a direct impact upon the required expenditure of state funds and thus will have a direct impact upon the recently passed budget.

The minority leader appealed the ruling and the deputy speaker invited debate. Members opposed to the ruling argued that the bill was not literally needed to implement the budget. Members in favor of the ruling argued that one could reasonably construe that maximizing federal dollars is important to implement the state budget.

On a roll call vote, the deputy speaker's ruling was sustained.

Godfrey, June 28, 2005

COMBINING BILLS AND RESOLUTIONS

The underlying bill gave the attorney general the authority to sue the federal government on behalf of the General Assembly to enforce the federal No Child Left Behind Act. House “A” was a strike-all amendment that substituted a resolution calling for a constitutional amendment. A member raised a point of order that the amendment was not germane to the underlying bill and sought to add a constitutional amendment to a proposal which could become statute.

The deputy speaker ruled the point well taken. State law and the state constitution require bills and resolutions to be separate. The deputy speaker did rule on whether the amendment was germane.

Godfrey, June 28, 2005

CONDUCT OF DEBATE- MOTION FOR VOTE MADE WHILE ANSWERING QUESTIONS

During the debate on an amendment on the transfer of assets, a member asked the amendment's proponent a question. The proponent answered and then requested a roll call vote on the amendment. Another member raised a point of order that the motion was improper because the amendment's proponent was answering a question and did not have the floor.

The deputy speaker ruled the point well taken.

Altobello, May 25, 2005

REFERRAL TO APPROPRIATIONS REQUIRED

The bill required the agriculture commissioner to certify animal control officers. Although the fiscal note accompanying the bill indicated that the bill was a state mandate, the bill had not been referred to the Appropriations committee. A member raised a point of order that the bill should be referred to Appropriations because of the fiscal impact.

The deputy speaker ruled the point well taken.

Godfrey, May 23, 2005

REFERRAL TO EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

The House received a communication from the former Senate President Pro Tempore nominating an individual to be a member of a board. The letter was dated June 24th, 2004 and was received May 2nd, 2005. The speaker made a motion to refer the matter to the Executive and Legislative Nominations committee. A member made a parliamentary inquiry as to whether it was proper to receive a letter 11 months after it appeared to have been sent.

The speaker determined that the nomination should be referred to committee for further review.

Amann, May 5, 2005

REFERRAL TO LABOR NOT REQUIRED

The bill established a training and certification program for animal control officers. A member raised a point of order as to whether a referral to the Labor Committee was necessary.

The deputy speaker ruled the point not well taken. There was not a substantial nexus between the bill and the Labor Committee's cognizance.

Godfrey, June 2, 2005

REFERRAL TO PUBLIC SAFETY COMMITTEE NOT REQUIRED

The bill prohibited personal risk insurers from considering a dog's breed when setting policy rates or minimum premiums. It also prohibited them from using the dog's breed as the reason for canceling, failing to renew, or not issuing a policy. The House adopted Amendment “A” permitting insurers to consider dog breed when underwriting or rating policies, other than those for search-and-rescue dog or a guide dogs. A member made a parliamentary inquiry as to whether the amended bill needed to be referred to the Public Safety Committee since it has jurisdiction over canine search and rescue dogs.

The deputy speaker explained that the House need not refer to a committee a bill or resolution that was reported by another committee unless the speaker determines there is a substantial nexus between the bill and the cognizance of the committee. The speaker opined that there was no such nexus.

Kirkley-Bey, May 4, 2005

RESOLUTIONS

A member made a parliamentary inquiry as to whether an amended Emergency Certified House Joint Resolution had to be approved by Senate, or if there was a separate Emergency Certified Senate Resolution filed in the Senate.

The deputy speaker explained that since it was a joint resolution, it had to be sent to the Senate for its action as well.

Godfrey, May 27, 2005

VOTING- CONDUCT OF DEBATE- REFERRAL TO INSURANCE AND REAL ESTATE COMMITTEE NOT REQUIRED

The bill, as amended by Senate “A”, created new farmland preservation programs and instituted a new $ 30 document-recording fee to fund these and several other programs. It established a separate, non-lapsing account for the fees and standards for distributing them. The minority leader inquired as to whether, given the fact that the previously adopted budget exceeded the spending cap, these additional funds would impinge on the spending cap. A member made a parliamentary inquiry as to whether a declaration and a 60% vote, rather than a simple majority, was therefore required.

The deputy speaker stated that only a simple majority was required. The spending cap relates to general budget expenditures. The law defines general budget expenditures as those from appropriated funds authorized by the General Assembly. The deputy speaker found that the bill would result only in a diversion of funds and not a budget appropriation.

The minority leader raised a point of order that the bill was not properly before the body without a declaration and a 60% vote on the declaration.

The deputy speaker ruled the point not well taken and incorporated by reference his response to the parliamentary inquiry.

The minority leader appealed the ruling. The deputy speaker invited debate, noting that members could only speak once. The minority leader made a parliamentary inquiry as to whether he would lose his opportunity to speak if he relinquished the floor.

The deputy speaker indicated that he would not.

After debate, a roll call vote was held and the ruling of the deputy speaker was sustained.

Godfrey, June 7, 2005

The amended bill also required the Department of Agriculture to create and maintain a website linking people who want to sell farms or farmland with people wanting to farm or start an agricultural business. A member made a point of order that the bill should have been referred to the Insurance and Real Estate Committee because a section involved the purchase of real property.

The deputy speaker ruled the point of order not well taken.

Fritz, June 7, 2005

Cc: Larry Shapiro, Legislative Commissioner's Office

Ann Clark, House Clerk's Office

David Rose, House Democrats

Mary Anne O'Neill, House Republicans

SC: ro