Can a Legislator Re-introduce the Same Bill Next Year?

Can a Legislator Re-introduce the Same Bill Next Year? By Chris Micheli

            As we head into the second year of the 2-year California Legislative Session, some legislators may want to re-introduce a bill that did not make it to the Governor’s Desk during this first year. Are there any applicable rules governing this question?

            The Joint Rules of the Assembly and Senate contain Joint Rule 54, which is titled “Introduction of Bills.” Subdivision (a) discusses the deadline for bill introductions and exemptions from that deadline. Subdivision (b) concerns when the Assembly and Senate Desks are open and what occurs after the printing of a bill.

            Subdivision (c) gives us guidance on reintroduced bills. It states: “(c) Unless approved by the Committee on Rules of the house of origin, a Member may not author a bill during a session that would have substantially the same effect as a bill the Member previously introduced during that session.”

JR 54(c) goes on to specify that “this restriction does not apply in cases where the previously introduced bill was vetoed by the Governor or its provisions were ‘chaptered out’ by a later chaptered bill pursuant to Section 9605 of the Government Code.”

            As a result of this language, a Senator or Assembly Member is prohibited from authoring a bill during the same 2-year session “that would have substantially the same effect” as a bill that legislator “previously introduced during that session.” While JR 54(c) does not define the phrase “substantially the same effect,” the main limitation set forth is on the bill that was previously introduced during that same 2-year session.

            In other words, unless approved by the respective Rules Committee, or an exemption applies, the Senator or Assembly Member cannot re-introduce the same “introduced” version previously introduced earlier in that same session. It would appear that the language contained in JR 54(c) only applies to the introduced version of the bill. That interpretation has been the “custom and practice” of the State Senate and State Assembly. So, for example, a legislator could introduce a bill that had been amended one or more times, so long as it is not the introduced version.

            Obviously, the first exemption to JR 54(c)’s prohibited reintroduction can occur if the Assembly Committee on Rules approves it for an Assembly Bill, or the Senate Committee on Rules grants approval for a Senate Bill.

            The second and third exemptions to the prohibition are a for a bill that was vetoed by the Governor in the first year of session, or when a bill’s provisions were “chaptered out” by a later enacted bill. As a result, the same bill can be reintroduced by the same legislator if the bill never became law because of a gubernatorial veto or a “chaptering out” problem.

            Lastly, if a bill were re-introduced and another legislator wanted to question whether there was a violation of Joint Rule 54(c), “an objection based on this restriction may be raised only while the bill is being considered by the house in which it is introduced. Upon objection, the chairperson of a committee, if the objection is raised in a committee hearing, or the presiding officer, if the objection is raised on the floor of the house, may rule on the objection to the bill.” Once the bill passed its house of origin, an objection could not be lodged in the second house.

            Note that this objection to the bill may be referred to the Committee on Rules of the house in which the bill was introduced for a determination. The Committee on Rules of the Assembly or the Senate may obtain assistance from the Legislative Counsel as to the similarity of a bill or amendments to a prior bill.