Is the Bill a "Gut-and-Amend”?
Is the Bill a "Gut-and-Amend”? By Chris Micheli One of the controversial occurrences during the annual California Legislative Session is so-called “gut-and-amend bills.” According to the Legislative Counsel, 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 issue of legislative issue “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 re...