CA Legislative Explainer: Gut-and-Amend Bills

CA Legislative Explainer: Gut-and-Amend Bills By Chris Micheli

One of the controversial occurrences during the annual California Legislative Session is so-called “gut-and-amend bills.” According to the Office of Legislative Counsel (i.e., the Legislature’s lawyers), these measures are defined as “when amendments to a bill remove the current contents in their entirety and replace them with different provisions.”

The controversy is the second part of the process – replacing the bill’s contents with a subject which is unrelated to the original contents of the bill. Such amendments raise the legislative issue of “germaneness,” which refers to whether a proposed amendment is relevant to the subject matter currently contained in the measure.

While Legislative Counsel may opine on the issue of germaneness, the determination of germaneness is decided by the Presiding Officer and, ultimately, subject to an appeal by the membership of the respective house.  As a result, a majority of the Members of the Assembly or the Senate determines whether amendments to a measure are germane or not and, therefore, whether the gut-and-amend was proper or not.

Each house of the Legislature has rules related to determining whether amendments are germane. For example, under Assembly Rule 92, titled Amendment to Be Germane, an amendment to any bill, other than a bill stating legislative intent to make necessary statutory changes to implement the Budget Bill, whether reported by a committee or offered by an Assembly Member, is not in order when the amendment relates to a different subject than, is intended to accomplish a different purpose than, or requires a title essentially different than, the original bill. Note, again, that the full Assembly ultimately decides this question.

Senate Rule 38.5 requires every amendment proposed to be germane. Amendments to Be Germane

In order to be germane, an amendment must relate to the same subject as the original bill, resolution, or other question under consideration. A point of order may be raised that the proposed amendment or an amendment now in the bill, resolution, or other question under consideration is not germane, so long as the question is within the control of the body.

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