The Germaneness Principle

Law writers must always be mindful of germaneness. Germaneness is a principle that applies to an amendment and its relationship to a bill or a pending amendment. An amendment that is not germane is subject to being ruled out of order.

On one hand, the theory behind germaneness is that a legislative body should only consider one subject matter at a time to the end that business may be conducted in an orderly and expeditious manner. On the other hand, germaneness requirements protect the nature of a piece of legislation as well as the sponsor of a bill from amendments that might dilute effectiveness or lessen the chance of passage.

Germaneness and "relevancy" are not the same concept. For example, an amendment may be politically related to a portion of a bill, but may not be germane to the bill. Consider the possibilities.

Suffice it to say that germaneness is both a legal doctrine and a political reality. The National Conference of State Legislatures reports that:
• Forty state constitutions contain a provision that requires a bill to address or contain a single subject. In Mississippi, germaneness is implied, but a single subject requirement is not specifically stated in the constitution. No specific single subject provision is set forth by the constitutions in Arkansas, Connecticut, Maine, Massachusetts, New Hampshire, North Carolina, Ohio, Rhode Island and Vermont.
• Over three-fourths of the state legislative chambers reported that they have rules on germaneness of amendments or motions.

NCSL's Sample Checklist to Test Germaneness

Does the amendment deal with a different topic or subject?

Does the amendment unreasonably or unduly expand the subject of the bill?

Would the amendment introduce an independent question?

Is the amendment relevant, appropriate, and in a natural and logical sequence to the subject matter of the original proposal?

Would the amendment change the purpose, scope or object of the original bill?

Would the amendment change one type of motion into another type?

Would the amendment change a private (or local) bill into a general bill?

Would the amendment require a change in the bill title?

The Statue of Freedom

U.S. Capitol

Back to Basics: The Legislative Product

A bill must have a title, an enacting clause, and a body of provisions to be enacted. To draft bills, drafters rely on drafting manuals.

A state legislature's drafting manual can take the form of a bound handbook, a loose leaf notebook, or a CD-Rom. Some drafting manuals are even available on line. Some are enacted as resolutions. Some are internal staff documents. Law Writer edits one drafting manual and collects others.

No matter the form, a legislative drafting manual is generally much more than a checklist on how to write a bill. The drafting manual serves as a detailed guide to the correct form for bills and resolutions. The manual provides information on style and gives "voice" to the laws of a particular jurisdiction. Though legislative drafting manuals are not generally concerned with the particular substance of bills, manuals usually provide information about constitutional issues and limitations. Confidentiality requirements are often discussed as well.

First published in 1955, the Bill Drafting Manual for the Kentucky General Assembly is one of my favorites. Section 101 (Introduction) of the 1996 Edition says: ". . . The quality of the legislative product depends not only upon the substance of laws, but upon their form and style. Inaccurate or careless drafting may produce bad laws, or even invalidate a measure entirely. It is essential to legislators, administrators, courts, and the public that bills and resolutions be written in a clear, correct, and unambiguous style."

Legislative Documents & Their Functions:

Bill: The exclusive means by which a legislature enacts, amend, or repeals a statute.

Resolution: The document used to address internal legislative matters. A resolution that must be passed by both chambers is a joint or concurrent resolution. A resolution that need be passed by only one chamber is a simple resolution.

Floor amendment: An amendment to a bill or resolution offered by a legislator during floor debate.

Committee substitute: A committee substitute for a bill or resolution is a "draft de novo" adopted by a committee for consideration by the chamber in place of the original bill or resolution.

Conference committee report: The conference committee is appointed when the chambers do not agree and matters in disagreement must be settled. A conference committee report is a complete draft of a bill that usually represents a compromise. (If the originating house agrees with changes to a bill made by the other chamber, there is no need for a conference report.)