Striking a Bill from the File

One of the most powerful tools in the California Legislature is, thankfully, rarely used. It is the Motion to Strike from the File.

What is the “motion to strike from the File”? It basically means striking a legislative measure from the Daily File in the Assembly or Senate and, once that occurs, the measure cannot be acted upon again during that 2-year session. As a result, it effectively takes that legislation out of active consideration for the remainder of the time the Legislature is meeting.

Senate Rule 29.2 is titled, “Strike From File.” SR 29.2 provides that a motion to strike any bill, resolution, or other question from the File shall require 21 votes. That bill, resolution, or other question may not be acted upon again during the session.

Assembly Rule 98 is titled, “Bills Stricken From File.” AR 98 provides that a motion to strike from the file any bill or resolution requires an affirmative recorded vote of 41 or more Members. That bill or resolution may not be acted upon again during the session.

Both houses of the California Legislature permit these motions, but they are almost never made on either the Assembly or Senate Floors. If a legislative measure lacks sufficient support on either Floor, then it is defeated by a vote or the measure is moved to the respective Inactive File and no longer pursued.

A measure defeated on either the Senate Floor or Assembly Floor could be granted reconsideration and voted on a second and final time. A measure moved to the Inactive File could be removed with formal notice and be presented for debate and a vote. However, a measure stricken from the File is removed entirely from future consideration.