State Bills

State bills are proposed laws introduced and processed through the legislative branch of government. Legislators draft bills and submit them to committees, where members debate and may amend the text. If a committee approves a bill, it moves to the chamber floor—either the House or Senate—where further debate and amendments can occur. Once the bill passes one chamber, it is sent to the other chamber for the same process.

If both chambers approve the bill, it may go to a Conference Committee. Here, representatives from each chamber work together to create an identical version of the bill. This final version must be passed by both the House and Senate before being sent to the Governor for signature. When the Governor signs the bill, it becomes law. It is important to note that Nebraska uses a unicameral legislature, so the process differs in that state.

• A bill is a proposed law created by legislators.
• It must pass through both legislative chambers (House and Senate).
• It requires the signature of the executive.

• Once enacted, it becomes an actual law.

   

State Regulations

State regulations are rules established to implement laws after bills have been enacted. The executive branch of government oversees the rule making process, and only agencies with legislative authority can create regulations. Typically, the agency responsible for the new law drafts proposed regulations and publishes them in state registers, either in print or online, so stakeholders can submit comments. Sometimes, a public hearing is held to further discuss the proposed rules.

Regulations can be amended, withdrawn, adopted, and finalized. Once finalized, they carry the same authority as law and provide the specific details and practical framework for implementing legislation.

• Regulations are rules created by government agencies to implement laws.
• They offer specific details and practical implementation of legislation.
• Regulations do not require a legislative vote for approval.
• They are developed by executive branch agencies.
• Regulations provide the framework for how a law will be applied in practice.

See the following resources for more information. 

• What Are Regulations? 

• What Are Regulation Types and Statuses? 

   

Example of a State Bill Becoming Law and Requiring State Regulatory Action

A well-known topic across the United States that has recently gained traction is the legalization of cannabis for medical and recreational purposes. As Jamie R. reports in their blog, Recent Legal Advancements in Growth and Advocacy for Cannabis Businesses, to date 40 states, three territories, and Washington, D.C., have legalized medical marijuana use, and 24 states have legalized recreational marijuana.

A recent example is the State of Minnesota, which became the 23rd state on May 30, 2023, to legalize the recreational use of marijuana when Governor Walz signed bill H.F. 100 into law. This action created the Office of Cannabis Management, a new agency with legislative authority to make rules, establish policy, and exercise regulatory authority over the cannabis industry.

H.F. 100 was first introduced in the House, the legislative branch of government. It was referred to, debated in, and amended by 17 House committees before being debated and ultimately passed by the full House. The bill was then sent to the Senate, where it was debated and amended by one committee before passing the full chamber. Because the Senate amended the bill, it was returned to the House, where a conference committee of representatives from both the House and the Senate was convened. After reaching a compromise, the bill was re-passed by both chambers and signed into law.

From the executive branch, the Office of Cannabis Management now oversees rules related to the cannabis industry, including licensing, manufacturing, potency, testing, packaging, transportation, retail sales, local government coordination, and adult use. Initial rules were drafted by the agency with public input gathered through meetings and surveys. These expedited permanent rules were published in the Minnesota State Register along with notices of the public comment period and the plan to adopt the rules without a public hearing. The public comment period remained open for 30 days. After further revisions, the final draft of the rules was sent to “administrative law judge (ALJ) with the Office of Administrative Hearings on March 25. The ALJ approved the rules without changes on April 2. Upon approval, the final rules were published in the State Register on April 14, as the State Register publishes on Mondays, putting the rules into effect” (Office of Cannabis Management, n.d.).