For your information and use in the 2008 session, we enclose summaries of the House Rulings for the 2007 regular and special sessions. These summaries will be included in the House Precedents section of the 2009 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 amended social and human services statutes, specifically the powers and duties of the Department of Children and Families to provide financial assistance for post-secondary school educational and vocational opportunities. House “A” extended in-state tuition status to certain undocumented immigrants residing in Connecticut. A member raised a point of order that the amendment changed a different section of the statutes than the original bill and thus was not germane under Mason's 402.

The deputy-speaker ruled the point not well taken. The underlying bill discussed financial assistance for educational institutions.

Godfrey, May 17, 2007

AMENDMENT GERMANE TO CALL OF SPECIAL SESSION

A Special Session was convened to consider bills needed to implement the budget. The original bill contained bonding, transportation, and other statutory authorizations. The amendment appropriated funds and transfered funds from certain accounts in the adopted biennial budget to fund the amendment's provisions, including privatization contracts, procurement regulation, and ethics. A member raised a point of order that the amendment was not germane to the call of the Special Session.

The speaker ruled the point not well taken. Mason's 780, paragraph 4, states that a legislature cannot go beyond the business specified in the call for an additional session, yet within such limits can act freely in whole or part. The amendment did involve an appropriation contained sections transferring funds and thus was within the scope of the special session.

A member appealed the chair's ruling in light of a previous ruling wherein the chair indicated that mere reference to the underlying bill was not a reasonable relationship. A member supported the chair's ruling because of the budget allocations and transfers within the amendment. A member opposing the ruling cited Mason's 780, which states that the governor may confine legislation to subjects specified in the proclamation. That member asserted that the majority of the amendment was language from a bill on which the House had already voted. A member opposing the ruling cited various House precedents.

On a roll-call vote, the speaker's ruling was upheld.

Amann, September 20, 2007

AMENDMENT NOT GERMANE

The bill authorized the comptroller to prescribe the use of generally accepted accounting principles under Title 3, which outlines the duties of the state comptroller. The amendment proposed a reduction in the gas tax from Memorial Day through Labor Day. A member raised a point of order regarding the germaneness of the amendment under Mason's 402.

The deputy-speaker ruled the point well taken because the bill was about generally accepted accounting principles and the amendment dealt with the tax code.

A member appealed the chair's ruling, citing the comptroller's responsibility to transfer resources from the General Fund to the Special Transportation Fund as nexus enough to link the amendment and the bill. Other members made similar comments in support of the appeal. A member spoke to uphold the ruling of the chair because the amendment was a fiscal matter, not addressing accounting principles.

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

Godfrey, May 24, 2007

AMENDMENT NOT GERMANE

The bill required an advisory commission to study compensation procedures for wrongfully convicted individuals. House “A” eliminated the death penalty. A member raised a point of order that the amendment was not germane.

The speaker ruled the point well taken. The fact that both the amendment and the bill dealt with the criminal justice system did not satisfy the requirement that an amendment must be reasonably related to the bill's subject.

Amann, May 31, 2007

AMENDMENT NOT GERMANE

The bill established a statewide electronics recycling program. House “B” provided a mechanism for a municipality to tax the facility's real and personal property. A member raised a point of order that the amendment was not germane.

The deputy-speaker ruled the point well taken. Though both the bill and amendment addressed waste disposal, one established a system to recycle and dispose of electronic devices and the other created a taxation mechanism. The amendment was not relevant, appropriate, or in the natural sequence of the subject matter of the bill.

Kirkley-Bey, June 1, 2007

AMENDMENT NOT GERMANE TO CALL OF SPECIAL SESSION

The underlying bill reformed state contracting laws. House “B” amended criminal statutes, enhancing penalties for specific crimes. It also contained a provision on contracts for the supervision of out-of-state prisoners. A member raised a point of order that the amendment was not germane to the bill.

The speaker ruled the point of order well taken, citing Mason's 402 and House precedent. The purpose of including contract language in the amendment was “technical and convenient,” but not reasonably related to the amendment's primary purpose of amending criminal statutes.

A member appealed the ruling of the chair because the main provision of the amendment exempted from the bill future contracts with entities providing correctional facilities for Connecticut prisoners. Another member opposed the ruling for similar reasons. A member supported the ruling because the amendment was almost entirely about criminal penalties and not the underlying bill.

On a roll-call vote, the speaker's ruling was upheld.

Amann, September 20, 2007

BUSINESS BEFORE THE HOUSE

The bill established a state contracting board to oversee procurement with a set of effective dates. A second bill establishing a state board and containing different effective dates had already been passed by the Senate. As a result, the bill on the floor essentially repealed the second bill passed by the Senate but not yet voted on by the House. A member raised a point of parliamentary inquiry as to whether the bill was properly before the House.

The deputy-speaker determined that the bill was properly before the House because it had been certified by both the House speaker and the Senate president pro tempore, in accordance with Joint Rule 9.

Fritz, September 20, 2007

FISCAL NOTE REQUIRED
QUESTIONS

This bill required the Department of Agriculture to assign a unique code for tag identification information about shellfish harvest locations (tags are attached to the harvested lots of shellfish). House “C” allowed certain people to get a clamming permit via the Internet. No fiscal note was attached. A member raised a point of order that, without a fiscal note, the amendment was improperly before them.

The deputy-speaker ruled the point well taken. Amendments need a fiscal note to reach the House if there is a fiscal impact.

House “E” required Westport to submit to the Department of Agriculture a report on the clamming activity conducted on the Cockenoe Flats. Members debated whether Wesport was solely responsible for the Cockenoe Flats. A member asked another member to list the communities in Fairfield County. A member raised a point of order that questions should not be asked if people already know the answer.

The deputy-speaker ruled the point well taken. Mason's 114 says questions addressed to members may relate only to a question before the body. Subsection six says that the purpose of questioning is to obtain information, not supply it to the body. Further, various precedents reinforce Mason's rules regarding germaneness; confining one's remarks to the question before the body; and conduct on the floor to elicit, not supply, information.

Godfrey, May 8, 2007

MEMBER'S REMARKS NOT GERMANE

The resolution confirmed the nomination of a member of the Public Utilities Control Authority. A member rose to speak about electric rates in the state. Another member raised a point of order that the speaker was speaking about energy policy instead of the nomination.

The deputy-speaker determined that the member must limit comments to the nomination at hand.

Kirkley-Bey, April 26, 2008

ORDER OF AMENDMENTS

The bill eliminated the sunset dates for property tax exemptions related to active and passive energy systems. House “A” allowed certain communities to negotiate taxes on those facilities. House “B” provided for a sales and use tax exemption for solar energy electricity generating systems, certain solar water or space heating systems, and geothermal resource systems. A member questioned whether the language from his amendment appeared in House “C” and was informed that it did. Another member raised a parliamentary inquiry as to whether, where House “A” and “B” are still in effect and House “C” encompassed the same area as “A” and “B” and more, House “C” supersedes House “A” and “B.”

The deputy-speaker determined that because House “C” included the language of House “A” and House “B,” it would supersede them.

Godfrey, June 6, 2007

REFER

The bill allowed municipalities to establish business and energy independence districts and required them to file reports with various legislative committees. A member made a parliamentary inquiry as to whether the bill had to be referred to all committees to which the bill mandated reporting before the House could entertain debate.

The deputy-speaker determined that the referral was discretionary and not mandatory.

Altobello, June 5, 2007

REFER TO PLANNING AND DEVELOPMENT

The bill required at least two employees to be present in work areas at solid waste facilities when moving waste with hydraulic equipment. It made exceptions for overhead crane loading and facilities serving fewer than five municipalities. A member raised a point of order that the bill should be referred to the Planning and Development Committee.

The deputy-speaker ruled the point not well taken. House Rule 20 was changed significantly for the 2007-2008 session, removing the speaker's discretion to refer a bill if the speaker found a nexus between a bill and a committee. All questions of reference, other than mandatory references, are now determined by the House members.

Altobello, May 15, 2007

TITLE OF LEGISLATION NOT GERMANE

The bill called for financial assistance for secondary education to immigrants under the care of the Department of Children and Families, but amendments substantially changed the subject of the bill. A member raised a point of parliamentary inquiry about the title of the legislation and the significance of Mason's 729.

The deputy-speaker informed the member that bill titles are appended by the Legislative Commissioner's Office, not the House, and the bill's title is insignificant for the purposes of passage.

Godfrey, May 17, 2007

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