Session Law

Identifying Information:L. 2003 ch. 162
Other Identifying Information:2003 House Concurrent Resolution 5001
Tax Type:Other
Brief Description:A Concurrent Resolution adopting joint rules for the Senate and House ofRepresentatives for the 2003-2004 biennium.
Keywords:


Body:


CHAPTER 162

HOUSE CONCURRENT RESOLUTION No. 5001

A Concurrent Resolution adopting joint rules for the Senate and House of

Representatives for the 2003-2004 biennium.


Be it resolved by the House of Representatives of the State of Kansas,

the Senate concurring therein: That the following joint rules shall be the

joint rules of the Senate and House of Representatives for the 2003-2004

biennium.


JOINT RULES OF THE SENATE AND

HOUSE OF REPRESENTATIVES

2003-2004


Joint rule 1. Joint rules; application and date of expiration; adop-

tion, amendment, suspension and revocation. (a) Joint rules; expi-

ration, adoption, amendment, suspension and revocation; vote required.

Joint rules are adopted under the authority of section 8 of article 2 of the

Constitution of the State of Kansas and shall govern matters made subject

thereto except when otherwise specifically provided by joint rule. Joint

rules shall expire at the conclusion of the terms of representatives. Joint

rules shall be adopted, amended, suspended and revoked by concurrent

resolution of the two houses of the legislature. Concurrent resolutions

adopting joint rules shall receive the affirmative vote of not less than a

majority of the members then elected (or appointed) and qualified in

each house.

(b) Amendment, suspension or revocation of joint rules; previous notice;

vote required. After one day's previous notice, joint rules may be

amended, suspended or revoked by the affirmative vote of not less than

a majority of the members then elected (or appointed) and qualified in

each house. Upon the filing of such notice in either house, a message

shall be sent to the other house advising of the filing of such notice and

the reading of the message shall constitute notice to the members of such

house. If such previous notice is not given, the affirmative vote of 2/3 of

the members then elected (or appointed) and qualified in each house

shall be required for the amendment, suspension or revocation of a joint

rule.

(c) Amendment, suspension or revocation of joint rules at commence-

ment of legislative session; vote required; conditions. Notwithstanding any

provision of this rule to the contrary, no notice shall be required for the

adoption of a concurrent resolution amending, suspending or revoking

any one or more joint rules at the commencement of a legislative session,

and adoption of any such concurrent resolution shall require only the

affirmative vote of not less than a majority of the members then elected

(or appointed) and qualified in each house, subject to the following con-

ditions: (1) The concurrent resolution is sponsored by the speaker or the

president, and (2) either (a) a copy thereof is mailed to each member of

the legislature by deposit in the United States mails not later than 11:00

p.m. on the Thursday preceding the Monday on which the legislative

session is to commence or (b) in lieu of mailing, copies of the concurrent

resolution are made available to members on the first day of the legislative

session and final action is taken on a subsequent legislative day.

Joint rule 2. Joint sessions. (a) Joint session called by concurrent

resolution; vote required; time, place and subject matter. A joint session

of the senate and house of representatives may be called by concurrent

resolution adopted by the affirmative vote of not less than a majority of

the members elected (or appointed) and qualified in each house of the

legislature or as may otherwise be prescribed by law. Any such resolution

shall fix the time and place of the joint session, and the subject matter to

be considered at the joint session. Joint sessions shall consider only such

matters as are prescribed by law or by the concurrent resolution calling

such joint session.

(b) Presiding officer at joint sessions; record of joint session; rules ap-

plicable. The speaker of the house of representatives shall preside at all

joint sessions of the senate and house of representatives, and the clerk of

the house of representatives shall keep a record of the proceedings

thereof and shall enter the record of each such session in the journal of

the house of representatives. The rules of the house of representatives

and the joint rules of the two houses, insofar as the same may be appli-

cable shall be the rules for joint sessions of the two houses.

(c) Votes in joint session; taking; requirements. All votes in a joint ses-

sion shall be taken by yeas and nays, and in taking the same it shall be

the duty of the secretary of the senate first to call the names of the

members of the senate, and after which the clerk of the house of repre-

sentatives shall in like manner call the names of the members of the

house. Each member of the senate and the house of representatives pres-

ent shall be required to vote on all matters considered in joint session,

unless excused by a vote of a majority of the members of both houses

present.

Joint rule 3. Conference committee procedure. (a) Action by

house of origin of bill or concurrent resolution amended by other house.

When a bill or concurrent resolution is returned to the house of origin

with amendments by the other house, the house of origin may: (1) Concur

in such amendments; (2) refuse to concur in such amendments; or (3)

refuse to concur in such amendments and request a conference on the

bill or concurrent resolution.

(b) Concurrence by house of origin; concurrence prior to taking action

on conference committee report by other house; final action; effect of fail-

ure of motion to concur. The house of origin of any bill or concurrent

resolution may concur in any amendments made by the other house,

except that if the bill or concurrent resolution has been referred to a

conference committee such action may only be taken prior to the taking

of final action upon the conference committee report upon such bill or

concurrent resolution by the other house. A vote in the house of origin

of any bill or concurrent resolution on a motion to concur in amendments

to such bill or concurrent resolution by the other house shall be consid-

ered action on the final passage of the bill or concurrent resolution and

the affirmative and negative votes thereon shall be entered in the journal.

If the motion to concur is upon amendments to a bill or concurrent res-

olution for which a conference committee has been appointed and action

has not been taken upon the report of such committee by the other house

and such motion fails, the bill or concurrent resolution shall not be

deemed to have been killed thereby, but if the motion to concur is upon

amendments to a bill or concurrent resolution for which a conference

committee has not been appointed and such motion fails, the bill or con-

current resolution shall be deemed to be killed.

(c) Motion to nonconcur; when considered final action; effect of adop-

tion of motion. A vote in the house of origin of any bill or concurrent

resolution on a motion to nonconcur or to refuse to concur in amend-

ments to such bill or concurrent resolution by the other house which is

not coupled with a request for the appointment of a conference com-

mittee shall be considered action on final passage of the bill or concurrent

resolution and the affirmative and negative votes thereon shall be entered

in the journal, and the bill or concurrent resolution shall be deemed killed

on the adoption thereof.

(d) House of origin refusal to concur or nonconcur; request for confer-

ence; procedure. When a bill or concurrent resolution is returned by ei-

ther house to the house of origin with amendments, and the house of

origin refuses to concur or to nonconcur therein, a conference may be

requested by a majority vote of the members present and voting. Such

request shall be transmitted to the other house by message which shall

include the names of the conferees on the part of the requesting house.

Upon receipt of any such message, the receiving house may, in like man-

ner, approve such conference, and shall thereupon notify the requesting

house by message stating the names of its conferees.

(e) Membership; appointment; chairperson; house of origin of substi-

tute or materially changed bill or concurrent resolution; meetings of con-

ference committee. Each conference committee shall consist of three

members of the senate and three members of the house of representa-

tives, unless otherwise fixed by agreement of the president of the senate

and speaker of the house. Senate members shall be appointed by the

president of the senate and house members shall be appointed by the

speaker of the house of representatives. The president or the speaker

may replace any conferee previously appointed by such person. Not less

than one member appointed from each house shall be a member of the

minority political party of such house except when such representation

for such house is waived by the minority leader of such house. In all cases,

the first-named member of the house of origin of the bill or concurrent

resolution assigned to the committee shall be chairperson of the confer-

ence committee. The house of origin of a substitute bill or substitute

concurrent resolution shall be the house in which the bill or concurrent

resolution in its original form was introduced. The chairperson of a con-

ference committee on a bill or concurrent resolution the subject matter

of which has been ruled to be materially changed shall be a member of

the house which amended the bill or concurrent resolution to materially

change the subject matter. Each conference committee shall meet on the

call of its chairperson. All meetings of conference committees shall be

open to the public and no meeting shall be adjourned to another time or

place in order to subvert such policy.

(f) Conference committee reports; subject matters which may be in-

cluded; report not subject to amendment; house which acts first on report;

copies of reports; reports considered under any order of business. Only

subject matters which are or have been included in the bill or concurrent

resolution in conference or in bills or concurrent resolutions which have

been passed or adopted in either one or both houses during the current

biennium of the legislature may be included in the report of the confer-

ence committee on any bill or concurrent resolution except in any appro-

priations bill there may be included a proviso relating to any such item

of appropriation. A conference committee report shall not be subject to

amendment. The original signed conference committee report shall be

submitted to and acted upon first by the house other than the house of

origin of the bill or concurrent resolution. Copies of each report shall be

made available to all members of the house considering the same not

later than the time of consideration of the report, except when such report

is that members of the committee are unable to reach agreement or is a

recommendation to accede to or to recede from all of the amendments

of the second house. The affirmative vote of 2/3 of the members present

in the house at the time of consideration of the report shall be sufficient

to dispense with distribution of copies of the conference committee re-

port to all members of that house. Reports of conference committees may

be received and considered under any order of business.

(g) Signatures required on conference committee reports. All initial con-

ference committee reports other than an agreement to disagree coupled

with a request that a new conference committee be appointed shall be

signed by all of the conferees. All initial conference committee reports

which are an agreement to disagree coupled with a request that a new

conference committee be appointed shall be signed by a majority of the

conferees appointed in each house. If a conference committee report

which is an agreement to disagree coupled with a request that a new

conference committee be appointed is not adopted, a subsequent con-

ference committee report shall be signed by all conferees unless a sub-

sequent conference committee report which is an agreement to disagree

coupled with a request that a new conference committee be appointed is

adopted, in which case a conference committee report subsequent to the

adoption of such report shall be signed by a majority of the conferees

appointed in each house. All other conference committee reports shall

be signed by a majority of the conferees appointed in each house.

(h) Vote to adopt conference committee report final action; effect of

failure of motion to adopt conference committee report. The vote to adopt

the report of a conference committee, other than a report of failure to

agree coupled with a recommendation for appointment of a new confer-

ence committee, shall be considered final action on the bill or concurrent

resolution and the affirmative and negative votes thereon shall be entered

in the journal. If the motion fails, the bill or concurrent resolution shall

be deemed to be killed. If the motion on a conference committee report

which is an agreement to disagree coupled with a request that a new

conference committee be appointed fails, the bill or concurrent resolution

shall not be deemed to have been killed thereby and remains in confer-

ence.

(i) Report of conference committee unable to agree; effect of failure to

request new conference committee; effect of failure of motion to adopt

report requesting new conference committee. If a conference committee

upon any bill or concurrent resolution is unable to agree, it shall report

that fact to both houses. Such report may request that a new conference

committee be appointed thereon. If the committee so reports but fails to

request the appointment of a new conference committee thereon the bill

or concurrent resolution shall be deemed to have been killed upon the

adoption by either house of such report. If the motion to adopt a report

requesting the appointment of a new conference committee fails, the bill

or concurrent resolution shall be deemed to be killed.

(j) Bills or concurrent resolutions under consideration by conference

committees and reports thereof; carryover from odd-numbered to even-

numbered year. Bills or concurrent resolutions under consideration by a

conference committee, or a report of which has been filed but no action

taken thereon in either house, at the time of adjournment of a regular

session of the legislature held in an odd-numbered year shall remain alive

during the interim and may be considered by the committee and legis-

lature as the case may be at the regular session held in the following even-

numbered year.

Joint rule 4. Deadlines for introduction and consideration of

bills. The senate and house of representatives shall observe the following

schedule of deadlines in making requests for drafting and in the intro-

duction and consideration of bills.

(a) Bill request deadline for individual members. Except for bills intro-

duced pursuant to (i) of this rule, no request to draft bills, except those

made by committees, through their respective chairpersons, shall be

made to, or accepted by, the office of the revisor of statutes after the

hour of 5:00 p.m. on January 27, 2003, during the 2003 regular session

and on January 26, 2004, during the 2004 regular session.

(b) Bill introduction deadline for individual members. Except as pro-

vided in (i) of this rule, no bill sponsored by a member or members shall

be introduced in either house of the legislature after the hour of adjourn-

ment on February 12, 2003, during the 2003 regular session and on Feb-

ruary 11, 2004, during the 2004 regular session. Such deadline for the

introduction of bills by individual members may be changed to an earlier

date in either house at any time by resolution duly adopted by the affir-

mative vote of not less than a majority of the members then elected (or

appointed) and qualified in such house.

(c) Bill request deadline for certain committees. Except for bills to be

introduced pursuant to (i) of this rule, no committee except the commit-

tee on ways and means of the senate, select committees of either house

when so authorized, the committee on federal and state affairs of either

house or the house committees on calendar and printing, appropriations

and taxation shall make a request to the office of the revisor of statutes

for any bill to be drafted for sponsorship by such committee after the

hour of 5:00 p.m. on February 5, 2003, during the 2003 regular session

and on February 4, 2004, during the 2004 regular session.

(d) Bill introduction deadline for certain committees. Except as pro-

vided in (i) of this rule, no bill sponsored by any committee of either

house of the legislature, except the committee on ways and means of the

senate, select committees of either house when so authorized, the com-

mittee on federal and state affairs of either house or the house committees

on calendar and printing, appropriations and taxation shall be introduced

in either house after the hour of adjournment on February 14, 2003,

during the 2003 regular session and on February 13, 2004, during the

2004 regular session.

(e) House of origin bill consideration deadline. No bill, except bills

sponsored by, referred to or acted upon by the committee on ways and

means of the senate, select committees of either house when so author-

ized, the committee on federal and state affairs of either house or the

house committees on calendar and printing, appropriations and taxation

shall be considered in the house in which such bill originated after the

hour of adjournment on March 1, 2003, during the 2003 regular session

and on February 28, 2004, during the 2004 regular session.

(f) Second house bill consideration deadline. No bill, except bills spon-

sored by, referred to or acted upon by the committee on ways and means

of the senate, select committees of either house when so authorized, the

committee on federal and state affairs of either house or the house com-

mittees on calendar and printing, appropriations and taxation shall be

considered by the house, not the house of origin of such bill, after the

hour of adjournment on March 29, 2003, during the 2003 regular session

and March 27, 2004, during the 2004 regular session.

(g) Exceptions to limitation of (d), (e) and (f); procedure. Specific ex-

ceptions to the limitations prescribed in subsections (d), (e) and (f) may

be made in either house by resolution adopted by the affirmative vote of

not less than a majority of the members of such house then elected (or

appointed) and qualified.

(h) Deadline which falls on day neither house in session; effect. In the

event that any deadline prescribed in this rule falls on a day that neither

house of the legislature is in session, such deadline shall be observed on

the next following day that either house is in session.

(i) Bills introduced in odd-numbered years after deadlines; effect. Bills

may be introduced by members and committees in regular sessions oc-

curring in an odd-numbered year after the times prescribed in (b) and

(d) of this rule, but there shall be no final action thereon by either house

during the session when introduced. Such bills shall be held over for

consideration at the next succeeding regular session held in an even-

numbered year.

(j) Modification of schedule of deadlines for introduction and consid-

eration of bills; procedure. In any regular session a concurrent resolution

may be adopted by the affirmative vote of not less than a majority of the

members then elected (or appointed) and qualified of each house setting

forth a different schedule of deadlines for introduction and consideration

of bills for that session and the provisions of such concurrent resolution

shall apply to such session notwithstanding provisions of this rule to the

contrary.

(k) Bill consideration deadline; exceptions. No bills shall be considered

by the Legislature after April 12, 2003, during the 2003 regular session

and after April 10, 2004, during the 2004 regular session except bills

vetoed by the Governor, the omnibus appropriation act and the omnibus

reconciliation spending limit bill provided for under K.S.A. 75-6702 and

amendments thereto. This subsection (k) may be suspended for the con-

sideration of a specific bill or bills not otherwise exempt under this sub-

section by the affirmative vote of a majority of the members then elected

(or appointed) and qualified in the house in which the bill is to be con-

sidered.

Joint rule 5. Closure of meetings to consider matters relating to

security. Any standing committee of the House of Representatives, any

standing committee of the Senate, the Legislative Coordinating Council,

any joint committee of both houses of the legislature, any special or select

committee of the House of Representatives or the Senate, the House of

Representatives in session, the Senate in session or a joint session of the

House of Representatives and the Senate may meet in closed, executive

session for the purpose of receiving information and considering matters

relating to the security of state officers or employees, or both, or the

security of buildings and property under the ownership or control of the

State of Kansas.

Adopted by the House January 30, 2002.

Adopted by the Senate

February 5, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003