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Public Policy: A Bill's Failed Past May Just Be a Prologue

Legislative bills die in Sacramento for a number of reasons, but a bill’s failure does not mean an end to the ideas behind it.

While much gets reported on the bills the governor signs into law, there are hundreds more that receive no mention simply because they never make it to his desk. It is a tortuous process and much can happen along the way. Many times bills lose steam and die at some stage during the committee hearing process. Those that make it out of committees and on to their respective floors for a vote may encounter their demise in front of the entire body. Some make it out of the Legislature only to suffer a veto by the Governor. But even then, that is not always the end.

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Depending on the circumstances, the ideas behind these rejected bills may see the light of committee rooms and analyst desks once more. One healthcare-related bill vetoed in the last legislative session could still make a phoenix proud.

Assembly Bill 159 was introduced by Assemblyman Ian Calderon (D-Montebello) and got the moniker of the “Right to Try” bill. AB 159 aimed to create a faster pathway to authorize a pharmaceutical manufacturer to make an investigational drug, biological product, or device available to eligible patients under specific circumstances. Through the process, the author accepted a number of amendments to ensure proper protections for patients and their physicians. This type of legislation also has been introduced in a number of other states.

In a display of strong bipartisanship support, AB 159 cleared the Senate with a 40-0 vote and the Assembly 74-2. Governor Jerry Brown’s veto message, however, questioned the need for state legislation in a field regulated by the federal Food and Drug Administration. Authors of bills with that kind of support, however, often bring their ideas back in new legislation that attempts to address a governor’s concerns.

Legislators return to their desks on Monday, January 4.

 

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