58
H 205
SPECIAL SESSION - NOT GERMANE TO CALL ----- 31-2B.1
Continued
A member appealed the ruling. He argued that, if an amendment was germane to a
previous amendment covered by a special session call, it was not proper to disallow it because it
did not also fit exactly within the call. He also argued that
Mason
402(8) requires germaneness
issues to be decided by the whole body and not just by the presiding officer and his appeal was
consistent with that provision.
An opponent of the appeal argued that, though House "G" would pass the normal
germaneness tests applied during a regular session, in a special session amendments must not
only be germane to the bill and one another but also to the session call. This is the limitation of a
special session. Another member addressed the issue of whether the House's presiding officer has
the authority rule on germaneness. He stated the custom of the House was to allow such rulings
and to ignore the provisions of
Mason
402(8) and he disputed the argument that 402(8)
controlled in this instance.
A third member, in arguing for the appeal, cited
Mason
780(3), which states that, though
"the governor may limit consideration of a special session to a special phase of a general subject,
he cannot restrict the details springing from that subject." This provision supported the
contention that House "G" was not out of order.
On a roll call vote, the appeal failed.
Balducci, June 29, 1992.
31-2B.2
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 292
)
The General Assembly was called into special session to consider legislation authorizing
foreign banking corporations to bring action in the courts of the state under certain specific
conditions. The bill that would grant the authorization was called. After considerable debate, a
member proposed House amendment "A," which prohibited banks from foreclosing on
borrowers' homes worth up to $250,000. 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 well taken. The special session call was quite narrow
and the subject of House "A" was not included within it.
The ruling was appealed. The member pressing the appeal argued that the bill and the call
covered both in and out-of-state banks and sought to address a situation arising out of the
economic recession. The amendment also addressed a recession-created situation and therefore it
was covered by the call, broadly interpreted. An opponent of the appeal argued that the call was
extremely narrow and that if it were to be interpreted as allowing consideration of any proposal
to help people in a bad economy, then there was no way to limit the business and scope of the
session.
After additional debate, the appeal was withdrawn.
Balducci, July 6, 1992.
31-2B.3
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 291
)
The bill corrected an error in the bonding bill already passed and reconciled a conflict
between two sections of that bill. House "A" indemnified landowners whose property was
subject to liens arising out of land claims filed by Indian tribes.
50
H 206
SPECIAL SESSION - NOT GERMANE TO CALL ----- 31-2B.3
Continued
After making several comments about the amendment, a member raised a point of order
that it was not germane to the special session call. Another member raised a point of order that
the first member was making a speech in the guise of a point of order.
The speaker ruled both points well taken. The amendment did not fall within the
governor's special session call, which was limited to legislation correcting errors in PA 93-1
of the June Special Session.
Ritter, July 12, 1993.
31-2B.4
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 290
)
The bill repealed the prohibition against the state treasurer's investing state money in
companies doing business in South Africa. The amendment (House "A") also repealed limits on
the treasurer's investment in companies doing business in Northern Ireland. A member raised a
point of order that House "A" was outside the scope of the special session call.
The speaker ruled the point well taken. The special session call restricted the
business to South African investments. In addition, the Northern Ireland investment
limitation is found in a separate statutory section, which reinforces the ruling that the two
issues are distinct.
Ritter, October 20, 1993.
31-2B.5
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 289
)
The special session was called to consider bills relating to (1) the state budget for the
coming fiscal year, (2) bills to implement the budget for that year, (3) state bond authorizations
and their underlying programs and state taxes, (4) gun control, and (5) health care access.
A bill adopting various changes needed to implement the budget dealing with education,
the Judicial Department, parole officers, and various property tax exemptions was called. The
House adopted amendment "A" concerning AIDS testing for sex offenders.
A member called House amendment "F" to increase the maximum penalty for
manslaughter. Another member raised a point of order that House "F" was outside the scope of
the special session call.
The speaker ruled the point well taken. He was not required to reach the issue of
whether the adoption of House "A" created a "bridge" for this amendment to be germane
to the bill because he was deciding the issue on the basis of the special session's scope.
A member called House amendment "I," which he described as "the genuine three strikes
and you're out" law (
i.e.
a bill requiring a life sentence for a third felony conviction). A member
raised a point of order that House "I" was outside the session call.
The speaker ruled the point well taken according to his earlier reasoning.
The ruling was appealed and, on a roll call vote, the appeal failed.
Ritter, May 25, 1994.
53
H 207
SPECIAL SESSION - NOT GERMANE TO CALL -----
Continued
31-2B.6
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 288
)
The governor's call limited the business of the special session to "legislation relating to
the purchase, sale, registration, control, or illegal use of firearms." The bill concerned penalties
for manslaughter and first-degree assault, gangs, and juvenile crimes. House amendment "E"
established a police community institute within the Commission on Human Rights and
Opportunities to strengthen the relationships between law enforcement agencies and
communities. A member raised a point of order that House "E" was not germane to the special
session call.
The deputy speaker ruled the point well taken. House "E" was not in order.
Pudlin,
July 6, 1994.
31-2B.7
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 287
)
The governor's call limited the business of the special session to "legislation relating to
the purchase, sale, registration, control, or illegal use of firearms." The bill concerned penalties
for manslaughter and first-degree assault, gangs, and juvenile crimes. The Senate amendment
appropriated money for police overtime in certain high-crime, urban neighborhoods and for more
prosecutors, public defenders, judges, and criminal justice staff. A member raised a point of order
that the amendment was not germane to the special session call.
The speaker ruled the point well taken.
Mason
780 gives the governor the power to
confine special session business to subjects specified in his proclamation. Although the
Senate amendment contained parts that would be germane to the special session call, other
parts of the amendment were clearly outside the scope of that call. House precedent
indicates that a special session call must be construed strictly. Since it was not possible to
rule on individual parts of an amendment, the speaker must rule the entire amendment out
of order.
Ritter, July 6, 1994
.
31-2B.8
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL;
FISCAL NOTE, REQUIRED (
Formerly HP 286
)
The rules limited the special session to taking up legislation prohibiting Las Vegas Night
games and money wheels. House "A" required a study on the feasibility of operating casinos in
Waterbury and Bridgeport. A member raised a point of order that the amendment was outside the
call of the special session.
The speaker ruled the point well taken.
House "B" required the state to give towns all funds it received from the Pequot and
Mohegan tribes. A member raised a point of order that the amendment was outside the call of the
special session.
48
H 208
SPECIAL SESSION - NOT GERMANE TO CALL ----- 31-2B.8
Continued
The speaker ruled the point well taken.
House "C" renamed "Indian Day" "Native American Day." A member raised a point of
order that the amendment was outside the call of the special session.
The speaker ruled the point well taken.
Lyons, January 6, 2003.
House "D" required a study of the state economic impact of repealing the Las Vegas
Night laws. A member raised a point of order that the amendment was outside the call of the
special session.
The deputy speaker ruled the point not well taken. The amendment is within the call
because it deals with Las Vegas Night laws.
A member raised a point of order that House "D" was not properly before the house
because it lacked a fiscal note.
The deputy speaker ruled the point well taken.
House "E" authorized large cities and towns to operate games of chance to raise money.
A member raised a point of order that the amendment was outside the scope of the call.
The deputy speaker ruled the point well taken. The amendment contradicts the call.
House "F" required a cost/benefit analysis of the repeal of Las Vegas Night laws. A
member raised a point of order that the amendment was outside the scope of the call.
The deputy speaker ruled the point not well taken. The amendment was similar to
House "D" which had been not properly before the chamber for lack of a fiscal note only.
Fritz, January 6, 2003.
31-2B.9
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 285
)
The call of the June Special Session limited its scope to bills on specific tax, budget,
energy, and government administration and elections issues. The bill addressed the portion of the
call allowing a bill "solely limited to extending the expiration date of the higher basic municipal
real estate conveyance tax of one-quarter of one per cent for two years, until July 1, 2010."
House "A" extended the expiration date of the municipal real estate conveyance tax, modified the
state conveyance tax rate, and established a tax in the state program to generate budget revenue.
A member raised a point of order that the amendment was not properly before the body because
it was outside the call of the special session.
The deputy speaker ruled the point well taken.
Mason
780(4) states that the
legislature cannot go beyond the business specified in the call for an extra session. While the
amendment contained the legislation described by the call, it also contained other legislation
not within the call (
i.e.
modifications to the state conveyance tax and the Tax Amnesty
Program). House precedent establishes that when a portion of an amendment is beyond the
scope of the call, the entire amendment must be ruled out of order (the deputy speaker cited
House Precedent 270).
44
H 209
SPECIAL SESSION - NOT GERMANE TO CALL ----- 31-2B.9
Continued
A member appealed the ruling of the chair, stating that the amendment did include the
legislation contemplated by the special session call. He cautioned that the body was solidifying a
precedent of prohibiting amendments unless they used the exact wording of the underlying bill.
The ruling of the chair was upheld on a roll call vote.
House "B" included the underlying bill, but, if passed, would also exempt senior citizens
from the increase in the municipal portion of the conveyance tax. A member raised a point of
order that the amendment was not properly before the body because it fell outside of the scope of
the special session.
The deputy speaker ruled that the amendment was not germane to the call of the
special session for the same reasons as the previous amendment.
A member appealed the chair's ruling. He stated that the amendment would have
extended the expiration date of the higher municipal real estate conveyance tax as required by
the special session call. However, he pointed out that the call was silent on to whom it needed to
be extended. He took the position that if the extension was meant to apply to all, it would have
been specified in the call.
The ruling of the chair was upheld on a roll call vote.
House Amendment "C" included the underlying bill, but also reduced the real estate
conveyance tax for individuals meeting certain financial criteria. A member raised a point of
order that the amendment was not properly before the body because it was outside of the special
session call.
The deputy speaker ruled that the amendment was not germane to the call of the
special session for the same reasons as the previous amendment.
The amendment's proponent appealed the chair's ruling, which was upheld on a roll call
vote.
Fritz, June 11, 2008.
House "D" included the underlying bill, but also reduced the tax rate on the municipal
portion of the real estate conveyance tax to 0.11% on sales of a primary residence where the
owner is a veteran of the Armed Services during a time of war. A member raised a point of order
that the amendment was not properly before the body because it was outside of the scope of the
special session.
The deputy speaker ruled that the amendment was not germane to the call of the
special session.
A member appealed the chair's ruling, noting that the special session resolution allowed
consideration of a bill solely limited to extending the expiration date of the higher basic
municipal real estate conveyance tax of 0.25% for two years, until July 1, 2010. However, the
call did not indicate that that extension must be applied to all. He also noted that the resolution
had been drafted so specifically that if the intention had been to include such a limitation, it
would have been clear. Another member rose to support the chair's ruling, noting the call was
drawn narrowly.
The chair's ruling was upheld on a roll call vote.
Altobello, June 11, 2008.
52
H 210
SPECIAL SESSION - NOT GERMANE TO CALL -----
Continued
31-2B.10
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 284
)
The call of the June Special Session limited its scope to bills on specific tax, budget,
energy, and government administration and elections issues. The bill addressed the portion of the
call permitting a bill repealing a planned increase in the petroleum gross receipts tax and other
energy issues. House "A" included the underlying bill's provisions, and also capped the
petroleum gross receipts tax. A member raised a point of order that the amendment was not
germane to the call of the special session.
The deputy speaker ruled the point well taken, citing
Mason
780, which states that a
legislature cannot go beyond the business specified in a call for an extra session. The call of
the special session was limited to four discrete issues on this topic and the amendment did
not fit into any of them. The portion of the call dealing with the gas tax was specifically
limited to legislation repealing the increase scheduled for July 1, 2008.
A member appealed the ruling of the chair, stating that the amendment included the
language of the bill. Further, the member pointed out that it was not possible to talk about the
increase applied to the wholesale price of gasoline without talking about the underlying price. A
member spoke in support of the chair's ruling noting that the call had been purposely drawn very
narrowly.
The ruling of the chair was upheld on a roll call vote.
Fritz, June 11, 2008.
31-2B.11
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL
(
Formerly HP 283
)
The call of the June Special Session limited its scope to bills on specific tax, budget,
energy, and government administration and elections issues. The bill addressed the portion of the
call allowing a bill on certain government administration and election issues. House "A" would
have allowed towns to require any contractor, land developer, or real estate broker on a land use
board to provide a list of his or her business partners and properties. A member made a point of
order that the amendment was outside the call of the special session.
The speaker ruled the point well taken.
Mason
780 states that the legislature cannot
go beyond the business specified in the call for an extra session, yet within such limits it can
act freely, in whole or in part or not at all. The call of the special session limited the scope of
the special session to eight discrete issues in these areas: (1) the pensions of persons
committing crimes related to state or municipal office, (2) the failure of public servants to
report bribery, (3) ethics training for legislators, (4) posting public agency meeting
schedules and minutes, (5) soliciting campaign contributions, (6) the State Code of Ethics,
(7) the restriction on former public officials and state employees accepting employment
with parties to certain state contracts or agreements, and (8) the procedure and duties of
the Office of State Ethics and the Citizen's Ethics Advisory Board. The chair found that the
amendment was not encompassed by any of those provisions.
42
H 211
SPECIAL SESSION - NOT GERMANE TO CALL ----- 31-2B.11
Continued
A member appealed the ruling of the chair, stating that, like the underlying bill, the
amendment dealt exclusively with ethical considerations for municipal officials. A member
spoke in support of the chair's ruling, reiterating that the special session call dealt with discrete
provisions that did not encompass the amendment.
The ruling of the chair was upheld on a roll call vote.
Amann, June 11, 2008.
31-2B.12
AMENDMENT NOT GERMANE TO SPECIAL SESSION CALL;
DEBATE, CONDUCT OF (
Formerly HP 282
)
The call of the June Special Session limited its scope to bills on specific tax, budget,
energy, and government administration and elections issues. The bill addressed the portion of the
call permitting "a bill solely limited to reducing deficiencies in state agencies by reducing
amounts appropriated for the fiscal year ending June 30, 2008, in section 1 of Public Act 07-1 of
the June special session and appropriating amounts for the fiscal year ending June 30, 2008."
House amendment "A" revised the budget adopted in Public Act 07-1. A member raised a point
of order that the amendment was outside the call of the special session.
The speaker ruled the point of order well taken.
Mason
780(4) states that the
legislature cannot go beyond the business specified in the call, but within such limits, can
act freely. While the amendment included the legislation described in the call to remedy
deficiencies, it also included other legislation not within the call, constituting a
comprehensive revision of the existing budget. The speaker cited House Precedents 269
through 276. Additionally, the speaker cited House Precedent 270 for the proposition that
when a portion of an amendment is beyond the scope of the call, the entire amendment
must be ruled out of order.
A member appealed the ruling of the chair, arguing that such a ruling might forever
preclude the offering of amendments on bills unless the amendments reiterated the underlying
bill. Another member cited House Precedent 30 in support of overturning the chair's ruling and
then began reading a section of a book that related to the importance of allowing amendments to
be debated. Another member raised a point of order that the member was reading from a book.
The speaker allowed the member to continue, as there had been some leniency on
reading in the chamber.
A member spoke in support of the chair's ruling, pointing out that members had voted to limit
the call of the special session in question, but that all are not so narrowly drawn.
The ruling of the chair was upheld on a roll call vote.
Amann, June 11, 2008.
49
H 212
SECTION 32 -- UNFAVORABLE REPORT
32-1.1
SEPARATE MOTIONS REQUIRED TO REJECT REPORT AND
PASS BILL (
Formerly HP 577
)
The bill received an unfavorable report from the Judiciary Committee. A member moved
to reject the unfavorable report and pass the bill in concurrence with the Senate. A member
raised a point of order that the two motions must be separate.
The speaker ruled the point well taken.
Van Norstrand, June 4, 1985.
32-1.2
SEPARATE MOTIONS REQUIRED TO REJECT REPORT AND
PASS BILL (
Formerly HP 576
)
The bill received an unfavorable report from the Appropriations Committee. A member
moved to reject the committee's report and pass the bill. Another member raised a point of order
that the two motions must be separate.
The deputy speaker ruled the point well taken.
Belden, June 4, 1985.
SECTION 33 -- VOTING
33-1. PROCEDURE
33-1A. GENERALLY
33-1A.1
VOTES REQUIRED FOR PASSAGE FOR MOTION TO
LIMIT DEBATE OR MOTION FOR PREVIOUS QUESTION
(
Formerly HP 448
)
A member moved to limit debate until 1 o'clock A.M. On the motion of a second member,
a roll call was ordered.
The speaker ruled that the motion required a two-thirds vote for passage. However,
he observed that, because of the unwieldy nature of the House and based on similar
occasions arising in the U.S. House of Representatives, he might in the future, after
reasonable debate, rule that a simple majority was sufficient to carry such a motion or
motion for the previous question.
O'Brien, 1959.
33-1A.2
VOTING TO CONSIDER UNFAVORABLE REPORT RE
CONSTITUTIONAL AMENDMENT (
Formerly HP 589
)
A member asked whether a vote on consideration of an unfavorable report of a committee
on a constitutional amendment had to be taken by roll as required by the constitution for such
amendments.
The speaker ruled the motion did not fall within the constitutional mandate.
Kennelly, 1975.
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Documents you may be interested
