GENERAL PRINCIPLES AND HISTORY

• Germaneness is a rule requiring that debate and amendments pertain to the same subject as the matter under consideration. Questions of germaneness both in a Committee and on the House floor are determined by the Chair and/or the Speaker subject to appeal to the House or the Committee.

• The principle of germaneness was adopted as a rule of the House in 1789. (Clause 7, Rule XVI)

• The rule is based on the notion that the House should only consider one subject matter at a time. Its purpose is to provide an orderly procedure and to expedite the business of the House.

• The rule of germaneness applies to an amendment and its relationship to a bill or a pending amendment. It does not apply to the relationship between two provisions of the bill itself.

• The burden of proof rests on the amendment’s proponent.

• If a portion of an amendment is not germane, the entire amendment will be ruled out of order.

• An amendment to strike is germane unless it would change the scope of the bill. For example, if the House considers a bill giving tax credits to a segment of the population while excluding corporations, an amendment striking the exclusion of corporations would not be germane, because by including the corporations the amendment broadens the scope of the bill.

• Germaneness is a technical body of law -- it is not necessarily the same as "relevancy." An amendment may be politically related to a proposition in a bill, but may not be germane. The effect of the germaneness rule is to preclude many amendments and give an advantage to the proponents of the bill as drafted.

• If an amendment is ruled not germane, it is often possible to redraft it to correct the problems. Members should consult with the Parliamentarian and Legislative Counsel to redraft amendments accordingly.