What About 2-year Bills?

What About 2-year Bills? By Chris Micheli

            Since the house of origin deadline on June 6, there have been quite a few inquiries about so-called “2-year bills,” also known as “carryover bills.” What are they and can they be taken up before next year?

            These types of measures are set forth in the California Constitution. Article IV, Section 10(c) reads, in part: “(c) Any bill introduced during the first year of the biennium of the legislative session that has not been passed by the house of origin by January 31 of the second calendar year of the biennium may no longer be acted on by the house.”

            As a result of this constitutional provision (which cannot be waived or suspended), a bill introduced only in the first year of the Legislative Session (i.e., the odd-numbered year) can be carried over the second year. However, that bill must pass out of its house of origin by January 31 of the even-numbered year.

            How do the Legislature’s Rules address 2-year bills? Joint Rule 56 defines what are most often called “2-year bills” as “carryover bills.” In other words, the term “2-year bill” is how these bills are commonly referred to, but it is not the correct legislative terminology. Instead, the proper term to use is a “carryover bill.”

            Joint Rule 56 reads: “56. Bills introduced in the first year of the regular session and passed by the house of origin on or before the January 31st constitutional deadline are “carryover bills.” Immediately after January 31, bills introduced in the first year of the regular session that do not become “carryover bills” shall be returned to the Chief Clerk of the Assembly or Secretary of the Senate, respectively. As used in this rule, “bills” does not include constitutional amendments.”

            Basically, a bill introduced in the first year of the Session becomes a 2-year bill (or carryover bill) because it failed to advance through the process by specified deadlines in the policy committee, fiscal committee, or house of origin. A bill can become a carryover bill due to the choice of the author or because a committee or the house did not advance the bill to meet one or more deadlines.

            Deadlines for the Legislative Session are set forth in the Joint Rules that are usually adopted at the commencement of the new Session. Joint Rule 61 deals with the Deadlines. And Joint Rule 61(a)(8) is used in the odd-numbered year (i.e., first year) of Session for the house of origin deadline. So, can a 2-year bill be considered later in the first year, or does it have to wait until January of the second year?

Generally, the answer is no because Joint Rule 61(e) states: “Any bill in the house of origin that is not acted upon during the odd-numbered year as a result of the deadlines imposed in subdivision (a) may be acted upon when the Legislature reconvenes after the interim study joint recess, or at any time the Legislature is recalled from the interim study joint recess.”

However, Joint Rule 61 can be suspended pursuant to subdivision (j), which specifies: “This rule may be suspended as to any particular bill by approval of the Committee on Rules and two-thirds vote of the membership of the house.” As a result, if an author wants to have his or her bill considered after the deadlines, their house’s Rules Committee must grant approval after the author’s request, and then their house must pass the rule suspension by a 2/3 vote.

So, it is possible to hear a 2-year bill before January of the second year of Session? Yes, but with a significant caveat. Moreover, once an author has affirmatively made a bill a carryover bill, it would be a rare instance for that bill to be considered until the following January.