How does a law “get passed” in California? What role does the Speaker and State Senate Pro Tem play?
In California laws are established through a legislative process. The process has five steps that include drafting the bill, committee stage and the House of Origin and then the Second House and finally in the Governor’s office. Laws begin as ideas held by individuals or groups. They then seek an Assembly member or a Senator to author a bill. The bill contains the ideas held and these ideas and the language are then communicated to the Legislative Council that drafts the bill. The bill is sent back for review to the legislator and the individuals pushing for it. If satisfied and no amendments are to be made the bill is introduced to the Senate or Assembly desk as applicable.
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The bill then reaches the committee stage, the Senate or Assembly Rules Committee where it is assigned to a policy committee. 30 days after introduction and printing the bill is heard. It is at this stage that the influence of the Speaker comes in. This is because the Speaker appoints members and chairpersons of committees that hear bills. This role is limited to the Assembly. However a similar role is served by the Senate Pro Tem who among their responsibilities introduces bills and appoints senators to special and conference committees. This is done in consultation with the chairs of committees and leaders of senate. The role of these two positions cannot be disregarded due to the influence that they have in selecting the people that debate at committee level on the bills.
If the bill has cost implications then it will also pass through the fiscal committee. If it gets through this stage as well then it is read for a second time on the Floor of the House. The third reading determines if the bill passes to the Second House by a majority vote. In the Second House it goes through the same process of being heard by a policy committee and thereafter if there is consensus the bill moves to the Governor’s office.
The Governor can respond in 3 ways veto, refusal to sign the bill into law, signing the bill into law or approving without signing. Only one of these can be overruled by a two-thirds vote in the both the Senate and the Assembly.
What are the three levels of the judiciary and what role does the Governor play in appointing members of the bench in California legal politics?
In California the Court system is similar to other Federal Law Court systems that comprise of a Supreme Court, Court of Appeal and Superior Courts. In California the Supreme Court sits in San Francisco and it reviews the decisions made by the Court of Appeals. In doing so it gives a binding verdict that supersedes all other courts in the state of California. The Supreme Court has 6 associate justices and 1 Chief Justice. The Court of Appeals is the in-between court of appeals review. The court comprise of 6 appellate districts situated across the State. The 1 st is San Francisco, 2 nd in Los Angeles, the 3 rd in Sacramento, the 4 th in San Diego, the 5 th in Freson and finally the 6 th in San Jose. The judges of these courts are allocated by the California Legislature. Presently there are 106 judges at this level.
Finally, the Superior Court or Trial Court is where the justice system begins. With each county, 58 in total, having its own Trial Court, the court is termed as the court of general jurisdiction. As in the Court of Appeals the California Legislature apportions the judges; however the county voters elect the judges who serve for 6 years through a non-partisan ballot during a general election. The court presides over both civil and criminal matters.
The role held by the Governor is that of the appointing the Supreme Court Associate Judges and the Chief Justice. His appointment of these judges must receive confirmation from the Commission of Judicial Appointments. In addition the justices also require confirmation from a retention referendum held at gubernatorial elections. In terms of political leaning the Supreme Court judges are gauged on their campaign contributions given to their preferred candidates. This may be the tell-tale sign of a partisan approach.
What are the differences between Counties and Cities in terms of the services provided in California?
Counties and cities in the State of California serve different roles and to understand what services are provided by each it is important to first understand the role each serves. California has 58 counties. Counties are defined as the “biggest subdivision that is of a political nature that operates with corporate powers.” There are two types of counties, general law and charter counties. The latter is allowed to make local rules as long as they do not conflict with the existing State laws. Moreover, the General Law counties are often governed by the existing laws. The advantage to this is that the counties governed by California Government Code are given the mandate to offer both health and welfare services the residents.
County governments serve in the roles delegated to them by the Legislature and do not possess powers to self-regulate. The county can therefore make and enforce local laws hold land and collect taxes as authorized. The county is run through a Board of Supervisors whose main role is to excise the powers of a county. The 5 member committee oversees the county departments, supervises county officials direct and controls the deportment of litigation, work with the Civil Grand Jury to audit county programs and suggest recommendations to better county services among other roles.
Cities on the other hand work differently. There are 3 forms of these including General Law cities, Charter cities and consolidated city and county cities. The first two are similarly governed by State Law or Charter Law respectively while the third is a city and county that join to form a single jurisdiction that is governed by a charter. Cities have a greater sense of autonomy and can thus conduct functions like revenue collection. The services provided by counties include provision of health, welfare, criminal justice elections recording of documents weights and measures and agricultural enforcement.
Cities on the other hand provide the immediate services required everyday by residents. These include city clerk that facilitated business conduct and ensures that the legal requirements are fulfilled. The building division of a city conducts checks on architectural planning and building inspections. The same roles apply to the planning department. It also develops the programs that guide the physical development of the city using the City Zoning ordinances, Specific plans and guidelines set up in the law. The Fire and Medical Services is also under the jurisdiction of the city. In addition, the senior services, parks and street maintenance, animal control recycling and trash management and the library are all services provided by the city. One special function of a city is the economic development service that is the go between businesses, the city government and commercial districts. It helps those already in business and those who want to setup to understand better to fit into the city.
References
California State Government. Retrieved from https://www.ca.gov/
