Session Law

Identifying Information:L. 2001 ch. 072
Other Identifying Information:2001 Senate Bill 75
Tax Type:Other
Brief Description:An Act concerning the joint committee on state-tribal relations; amendingK.S.A. 46-2303 and repealing the existing section.
Keywords:


Body:

CHAPTER 72

SENATE BILL No. 75


An Act concerning the joint committee on state-tribal relations; amending K.S.A. 46-2303 and repealing the existing

section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 46-2303 is hereby amended to read as follows: 46-

2303. (a) The joint committee on gaming compacts is hereby reconsti-

tuted as the joint committee on state-tribal relations. The joint committee

shall consist of 12 members as follows: (1) Five members of the senate

and five members of the house of representatives; and (2) the governor

or the governor's designee and the attorney general or the attorney gen-

eral's designee who shall be nonvoting members. Of the members ap-

pointed from the senate, three shall be appointed by the president of the

senate and two shall be appointed by the minority leader of the senate.

Of the members appointed from the house of representatives, three shall

be appointed by the speaker of the house of representatives and two by

the minority leader of the house of representatives. Such members shall

be selected only from the membership of the standing committees on

federal and state affairs, judiciary, taxation and assessment and taxation.

All legislative members of the joint committee shall serve for terms end-

ing on the first day of the regular legislative session in odd-numbered

years.

(b) Each year At the commencement of each regular session of the

legislature, the governor or the governor's designee shall call an organi-

zational meeting of the joint committee. The governor or the governor's

designee shall serve as a temporary chairperson at the organizational

meeting until a chairperson is elected as provided by this subsection. The

members of the joint committee shall elect organize by electing from its

membership a chairperson and a vice-chairperson. During odd-num-

bered years, the chairperson shall be a member from the senate and the

vice-chairperson shall be a member from the house of representatives.

During even-numbered years, the chairperson shall be a member from

the house of representatives and the vice-chairperson shall be a member

from the senate. The vice-chairperson shall exercise all of the powers and

duties of the chairperson in the absence of the chairperson. The ranking

minority member of the joint committee shall be the ranking minority

member of the senate when the chairperson is a member of the senate or

the ranking minority member of the house of representatives when the

chairperson is a member of the house of representatives.

(c) A quorum of the joint committee on state-tribal relations shall be

six. Actions of the joint committee recommending that a resolution ap-

proving a proposed compact be adopted or not be adopted shall be only

on the affirmative vote of eight or more members of the joint committee,

at least four of whom shall be senators and at least four of whom shall be

members of the house of representatives. Action of the joint committee

to report without recommendation a resolution approving a compact may

be on the affirmative vote of any five or more legislative members of the

committee. The governor or the governor's designee and the attorney

general or the attorney general's designee shall not have the power to vote

on an action approving or disapproving a compact or an action to report

without recommendation a resolution approving a compact. All other ac-

tions of the joint committee may be taken by a majority of those present

when there is a quorum.

(d) The joint committee may meet at any time and at any place within

the state on the call of the chairperson. The joint committee may appoint

subcommittees as deemed appropriate. Members of the joint committee

and subcommittees thereof, shall receive compensation, travel, subsis-

tence allowance and mileage as provided by K.S.A. 75-3212, and amend-

ments thereto, when attending meetings of the joint committee or sub-

committee thereof.

(e) The provisions of the acts contained in article 12 of chapter 46 of

the Kansas Statutes Annotated, and amendments thereto, applicable to

special committees shall apply to the joint committee to the extent that

the same do not conflict with the specific provisions of this act applicable

to the joint committee.

(f) In accordance with K.S.A. 46-1204, and amendments thereto, the

legislative coordinating council may provide for such professional services

as may be requested by the joint committee on state-tribal relations.

(g) The joint committee:

(1) May establish and transmit to the governor proposed guidelines

reflecting the public policies and state interests, as embodied in the con-

stitution, statutes and case law of the state of Kansas, consistent with the

Indian gaming regulatory act (25 U.S.C. 2701 et seq.), that the joint com-

mittee will consider in reviewing proposed compacts;

(2) may recommend to the governor that any gaming compact pro-

vide for the imposition and collection of state sales and excise taxes on

sales of nongaming goods and services to persons other than tribal mem-

bers and imposition and collection of state income tax on revenues de-

rived from sales of nongaming goods and services;

(3) may hold public hearings on proposed gaming compacts submit-

ted to the joint committee by the governor;

(4) shall recommend modification of proposed gaming compacts sub-

mitted by the governor and introduce resolutions approving proposed

gaming compacts submitted by the governor and recommend that such

resolutions be adopted or be not adopted, or report such resolutions with-

out recommendation, and notify the governor, in writing, of the joint

committee's action;

(5) shall meet, discuss and hold hearings on issues concerning state

and tribal relations; and

(6) may make recommendations on issues concerning state and tribal

relations; and

(6) (7) may introduce such legislation as deemed necessary in per-

forming its functions.

Sec. 2. K.S.A. 46-2303 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001