Recesses, interim study, and the California Legislature

What are the recesses conducted by the California Legislature? And what is the purpose of Interim Study? There are actually joint recesses after both years of the 2-year Session.

What Are the Joint Recesses in the First Year of Session?
The Joint Rules of the California State Senate and Assembly contain more than sixty provisions, including Joint Rule 51, which deals with the legislative calendar.

Subdivision (a) of Joint Rule 51 concerns the first, or odd-numbered, year of the Legislature’s 2-year legislative session. Joint Rule 51(a) requires the two houses of the Legislature to observe four recesses during the first year (i.e., the odd-numbered year) of the regular session. Those recesses are the following:

Organizational Recess—The Legislature shall meet on the first Monday in December following the general election to organize. Thereafter, each house shall be in recess from the time it determines until the first Monday in January, except when the first Monday is January 1 or January 1 is a Sunday, in which case, the following Wednesday.

Spring Recess—The Legislature shall be in recess from the 10th day prior to Easter until the Monday after Easter.

Summer Recess—The Legislature shall be in recess from mid-July until mid-August. This recess shall not commence until the Budget Bill is passed.

Interim Study Recess—The Legislature shall be in recess from mid-September until the first Monday in January, except when the first Monday is January 1 or January 1 is a Sunday, in which case, the following Wednesday.

The remainder of the legislative calendar for the California Legislature’s first year of session is forth in Joint Rule 61(a) related to legislative deadlines.

What Are the Joint Recesses in the Second Year of Session?
Subdivision (b) of Joint Rule 51 deals with the second, or even-numbered, year of the Legislature’s 2-year legislative session. Joint Rule 51(b) requires the two houses of the Legislature to observe three recesses during the second year (i.e., the even-numbered year) of the regular session. Those recesses are the following:

Spring Recess—The Legislature shall be in recess from the 10th day prior to Easter until the Monday after Easter.

Summer Recess—The Legislature shall be in recess during the month of July. This recess may not commence until the Budget Bill is passed.

Final Recess—The Legislature shall be in recess on September 1 until adjournment sine die on November 30.

The remainder of the legislative calendar for the California Legislature’s second year of session is forth in Joint Rule 61(b) related to legislative deadlines.

What Is Interim Study?
Obviously, a committee in the California Legislature can pass a bill, hold a bill, or defeat a bill.  For bills that are held in committee, there are some subtle differences, as set forth below:

• Held in Committee – this means a bill failed to get sufficient votes to pass out of committee.
• Held under Submission – this means an action taken by a committee when a bill is heard in committee and there is an indication that the author and the committee members want to work on or discuss the bill further, but there is no motion for the bill to progress out of committee. This does not preclude the bill from being set for another hearing.
• Held without Recommendation – this means an action taken by a committee when a bill is heard in committee and there is no indication that the committee wants the bill to progress out of committee. There is no motion for the bill to progress out of committee. This does not preclude the bill from being set for another hearing.
• Interim Study – this means the assignment of the subject matter of a bill to the appropriate committee for study during the interim recess after adjournment of the first year of Session.
• Put Over – this means when action is delayed on a legislative measure until a future date without jeopardy to the measure.

The Senate Rules do not discuss “interim study.” However, Assembly Rule 59, titled “Subject Matter of Bill Recommended for Interim Study,” does. AR 59 provides:

Whenever it is the decision of a standing committee that a bill referred to that committee shall not be given a do-pass recommendation, but that the subject matter of the bill should be referred for study, that standing committee shall retain the bill in its possession and report its recommendation to the Assembly that the subject matter of the bill be referred to the Committee on Rules for that committee’s assignment of the subject matter to an appropriate committee. Nothing in this rule shall be construed to prohibit a committee from subsequently reporting the bill to the Assembly with a do-pass or do-pass as amended recommendation or from reporting it out of committee without further action on the final day of the session.

When are “interim study” bills heard? Normally, it is after adjournment during the first year of the 2-year California Legislative Session. Joint Rule 51(a) specifies the calendar for the first year of the regular session. JR 51(a)(4) provides for the “Interim Study Recess—The Legislature shall be in recess from September __ until the first Monday in January, except when the first Monday is January 1 or January 1 is a Sunday, in which case, the following Wednesday.”

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