Frequently Asked Questions about Gut-and-Amend Bills

What is a “gut-and-amend bill”? According to the California Office of Legislative Counsel, these measures are “when amendments to a bill remove the current contents in their entirety and replace them with different provisions.”

What legislative rule is invoked with a gut-and-amend bill? These 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.

What role does the Office of Legislative Counsel play with a gut-and-amend bill? OLC may opine on the issue of germaneness, but the determination of germaneness is decided by the Presiding Officer and, ultimately, subject to an appeal by the membership of the respective house.

Who decides whether amendments to a bill are germane or not? 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.

What do the Assembly Rules provide regarding germaneness? 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, 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.

What do the Senate Rules provide regarding germaneness? Senate Rule 38.5 requires every amendment proposed 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.