CHAPTER 139
HOUSE BILL No. 2065
An Act concerning certain joint committees of the
legislature; amending K.S.A. 46-2301,
46-2302 and 46-2303 and K.S.A. 1998 Supp. 46-1701 and 46-2101 and
repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp.
46-1701 is hereby amended to read as
follows: 46-1701. (a) There is hereby created the joint committee
on state
building construction which shall be within the legislative branch
of state
government and which shall be composed of three
senators five members
of the senate and three five members
of the house of representatives. The
three five senate members shall be the
chairperson of the committee on
ways and means of the senate, or a member of the committee on
ways
and means of the senate appointed by the chairperson, a
senator two
senators appointed by the president and a
senator two senators appointed
by the minority leader. The three five
representative members shall be
the chairperson of the committee on appropriations of the house of
rep-
resentatives, or a member of the committee on appropriations of
the
house of representatives appointed by the chairperson, a
representative
two representatives appointed by the speaker and a
representative two
representatives appointed by the minority leader.
(b) All members of the joint committee on
state building construction
shall serve for terms ending on the first day of the regular
legislative
session in odd-numbered years. The joint committee shall organize
an-
nually and elect a chairperson and vice-chairperson in accordance
with
this subsection. The chairperson and vice-chairperson
serving on the ef-
fective date of this act will continue to serve in such
capacities through
June 30, 1998. On and after July 1, 1998, and until the
first day of the
1999 regular legislative session, the chairperson shall be
one of the senate
members of the joint committee elected by the members of
the joint
committee and the vice-chairperson shall be one of the
representative
members of the joint committee elected by the members of
the joint
committee. Thereafter, On and after the first day
of the regular legislative
session in odd-numbered years, the chairperson shall be one of the
rep-
resentative members of the joint committee elected by the members
of
the joint committee and the vice-chairperson shall be one of the
senate
members elected by the members of the joint committee and on
and
after the first day of the regular legislative session in
even-numbered
years, the chairperson shall be one of the senate members of the
joint
committee elected by the members of the joint committee and the
vice-
chairperson shall be one of the representative members of the joint
com-
mittee elected by the members of the joint committee. The
chairperson
and vice-chairperson of the joint committee shall serve in such
capacities
until the first day of the regular legislative session in the
ensuing year.
The vice-chairperson shall exercise all of the powers of the
chairperson
in the absence of the chairperson. If a vacancy occurs in the
office of
chairperson or vice-chairperson, a member of the joint committee,
who
is a member of the same house as the member who vacated the
office,
shall be elected by the members of the joint committee to fill such
va-
cancy.
(c) A quorum of the joint committee on
state building construction
shall be four six. All actions of the joint
committee shall be taken by a
majority of all of the members of the joint committee.
(d) The joint committee on state building
construction may meet at
any time and at any place within the state on the call of the
chairperson.
(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 on state
building
construction 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 building
construc-
tion.
(g) The joint committee on state building
construction may introduce
such legislation as it deems necessary in performing its
functions.
Sec. 2. K.S.A. 1998 Supp. 46-2101
is hereby amended to read as
follows: 46-2101. (a) There is hereby established the joint
committee on
information technology which shall be within the legislative branch
of
state government and which shall be composed of three
senators five
members of the senate and three five
members of the house of represen-
tatives. One Two of the senate members
shall be appointed by the pres-
ident of the senate, one two of the senate
members shall be appointed
by the minority leader of the senate and one of the senate members
shall
be appointed by the chairperson of the committee on ways and means
of
the senate. One Two of the representative
members shall be appointed
by the speaker of the house of representatives,
one two of the represen-
tative members shall be appointed by the minority leader of the
house of
representatives and one of the representative members shall be
appointed
by the chairperson of the committee on appropriations of the house
of
representatives. The members of the joint committee on
information
technology and the chairperson and vice-chairperson serving in such
ca-
pacities on the effective date of this act shall continue serving
as members
and in such capacities, respectively, subject to the other
provisions of this
section.
(b) All members of the joint committee on
information technology
shall serve for terms ending on the first day of the regular
legislative
session in odd-numbered years. The joint committee shall organize
an-
nually and elect a chairperson and vice-chairperson in accordance
with
this subsection. The chairperson and vice-chairperson
serving on the ef-
fective date of this act shall continue to serve in such
capacities through
June 30, 1998. On and after July 1, 1998, and until the
first day of the
1999 regular legislative session, the chairperson shall be
one of the senate
members of the joint committee elected by the members of
the joint
committee and the vice-chairperson shall be one of the
representative
members of the joint committee elected by the members of
the joint
committee. Thereafter, On and after the first day
of the regular legislative
session in odd-numbered years, the chairperson shall be one of the
rep-
resentative members of the joint committee elected by the members
of
the joint committee and the vice-chairperson shall be one of the
senate
members elected by the members of the joint committee and, after
the
first day of the regular legislative session in even-numbered
years, the
chairperson shall be one of the senate members of the joint
committee
elected by the members of the joint committee and the
vice-chairperson
shall be one of the representative members of the joint committee
elected
by the members of the joint committee. The chairperson and
vice-chair-
person of the joint committee shall serve in such capacities until
the first
day of the regular legislative session in the ensuing year. The
vice-chair-
person shall exercise all of the powers of the chairperson in the
absence
of the chairperson. If a vacancy occurs in the office of
chairperson or vice-
chairperson, a member of the joint committee, who is a member of
the
same house as the member who vacated the office, shall be elected
by
the members of the joint committee to fill such vacancy.
(c) A quorum of the joint committee on
information technology shall
be four six. All actions of the joint
committee shall be taken by a majority
of all of the members of the joint committee.
(d) The joint committee on information
technology may meet at any
time and at any place within the state on the call of the
chairperson.
(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 on
information
technology 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 information
technology.
(g) The joint committee on information
technology may introduce
such legislation as it deems necessary in performing its
functions.
(h) (1) On the effective date of
this act the joint committee on com-
puters and telecommunications shall be and is hereby officially
designated
as the joint committee on information technology.
(2) On and after the effective date of
this act, whenever the joint
committee on computers and telecommunications, or words of like
effect,
is referred to or designated by a statute, contract or other
document,
created before the effective date of this act, the reference or
designation
shall mean and apply to the joint committee on information
technology.
(3) Nothing in this act shall be
construed as abolishing or reestablish-
ing the joint committee on computers and telecommunications.
Sec. 3. K.S.A. 46-2301 is hereby
amended to read as follows: 46-
2301. As used in this act:
(a) ``Class III gaming'' has the meaning
provided by the Indian gam-
ing regulatory act (25 U.S.C. 2701 et seq.).
(b) ``Gaming compact'' means a
tribal-state compact regarding class
III gaming as provided by section 11 of the Indian gaming
regulatory act
(25 U.S.C. 2710).
(c) ``Committee'' or ``joint
committee'' means the joint committee on
state-tribal relations.
Sec. 4. K.S.A. 46-2302 is hereby
amended to read as follows: 46-
2302. (a) Any request by a tribe for negotiation of a gaming
compact with
the state of Kansas, including a request for renegotiation of an
existing
gaming compact, received on or after the effective date of this act
shall
be submitted in writing to the governor.
(b) The governor or the governor's
designated representatives are
authorized to negotiate gaming compacts on behalf of the state of
Kansas.
At the conclusion of negotiations, the governor shall submit the
proposed
compact to the joint committee on gaming compacts for the
joint state-
tribal relations for the committee's recommendations as to
approval or
modification of the proposed compact.
(c) If the joint committee recommends
modification of a proposed
compact submitted by the governor, the governor or the governor's
rep-
resentatives may resume negotiations in accordance with the joint
com-
mittee's recommendations and the modified proposed compact shall
be
submitted to the joint committee in the same manner as the
original
proposed compact. Within 5 days after receiving the joint
committee's
recommended modifications, the governor shall notify the joint
commit-
tee, in writing, as to whether or not the governor has resumed
negotia-
tions. Within 10 days after receipt of notice that the governor has
not
resumed negotiations, or if the governor fails to notify the joint
committee
that the governor has resumed negotiations, the joint committee
shall
vote to recommend approval or rejection of the proposed compact
or
shall vote to make no recommendation on the proposed compact.
(d) (1) If the legislature is in
session when the joint committee on
gaming compacts votes to recommend approval or
rejection of a proposed
compact or votes to make no recommendation on a proposed
compact,
as authorized by this section, the joint committee shall introduce
in each
house of the legislature, within five days after the joint
committee's vote,
a resolution approving the proposed compact as submitted by the
gov-
ernor. Each resolution shall be accompanied by the report of the
joint
committee recommending that the resolution be adopted or not be
adopted or reporting the resolution without recommendation. If,
within
10 days after introduction of the resolutions, a majority of the
members
of each house votes to adopt the resolution introduced in such
house, the
proposed compact shall be considered to have been approved by
the
legislature and the governor is authorized to execute the compact
on
behalf of the state. Each house of the legislature shall vote on
the reso-
lution introduced in such house within 10 days after introduction
unless
the other house has already voted against adoption of the
resolution in-
troduced in such other house.
(2) If the legislature is not in session
when the joint committee on
gaming compacts votes to recommend approval or
rejection of a proposed
compact or votes to make no recommendation on a proposed
compact,
as authorized by this section, the joint committee shall notify the
legis-
lative coordinating council of the joint committee's action within
five days
after such action. If, within 30 days after receiving such notice,
the leg-
islative coordinating council votes, by a vote of five members of
the coun-
cil, to approve the proposed compact, the compact shall be
considered
to have been approved by the legislative coordinating council and
the
governor is authorized to execute the compact on behalf of the
state.
(3) Neither the legislature nor the
legislative coordinating council has
the authority to amend or otherwise modify any proposed gaming
com-
pact.
(e) The attorney general shall be the
legal counsel for the governor
or the governor's representatives in negotiating a gaming compact
under
this section and for the joint committee on gaming
compacts in reviewing
proposed compacts.
(f) A gaming compact negotiated on behalf
of the state under this
section shall contain:
(1) A provision recognizing the right of
each party to the compact to
request that the compact be renegotiated or replaced by a new
compact,
including the right of the legislature by concurrent resolution to
request
renegotiation or replacement of the compact, and providing the
terms
under which either party, including the legislature, may request a
rene-
gotiation or the negotiation of a new compact; and
(2) a provision that, in the event of a
request for a renegotiation or a
new compact, the existing compact will remain in effect until
renegotiated
or replaced.
(g) The governor, or the
governor's designated representatives, and
the attorney general shall report to the joint committee on
gaming com-
pacts, at such times as requested by the joint
committee, regarding gam-
ing compacts negotiated and prospective negotiations.
Sec. 5. K.S.A. 46-2303 is hereby
amended to read as follows: 46-
2303. (a) There is hereby established the joint committee
on gaming
compacts, which shall consist of three senators and three
members of the
house of representatives. Of the senators, two shall be
appointed by the
president of the senate and one by the minority leader of
the senate. Of
the members of the house of representatives, two shall be
appointed by
the speaker of the house of representatives and one by the
minority leader
of the house of representatives.
(a) The joint committee on gaming
compacts is hereby reconstituted
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
general's
designee who shall be nonvoting members. Of the members
appointed
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 ap-
pointed 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 leg-
islative members of the joint committee shall serve for terms
ending on
the first day of the regular legislative session in odd-numbered
years.
(b) The joint committee on gaming
compacts:
(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;
and
(4) shall, in accordance with
K.S.A. 46-2302, recommend modifica-
tion of proposed gaming compacts submitted by the governor
and intro-
duce resolutions approving proposed gaming compacts
submitted by the
governor and recommend that such resolutions be adopted or
be not
adopted, or report such resolutions without recommendation,
and notify
the governor, in writing, of the joint committee's
action.
(c) The president of the senate
shall designate a senator member to
be chairperson of the joint committee on gaming compacts in
even-num-
bered years and the vice-chairperson in odd-numbered years.
The
speaker of the house of representatives shall designate a
representative
member to be chairperson of the committee in odd-numbered
years and
the vice-chairperson in even-numbered years. The
vice-chairperson shall
exercise all of the powers of the chairperson in the
absence of the chair-
person.
(b) Each year the members of the joint
committee shall elect from its
membership a chairperson and a vice-chairperson. During
odd-numbered
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.
(d) (c) A quorum
of the joint committee on gaming compacts shall
be four six. Actions of the joint committee
recommending that a resolu-
tion approving a proposed compact be adopted or not be adopted
shall
be only on the affirmative vote of four
eight or more members of the
joint committee, at least two four of whom
shall be senators and at least
two four of whom shall be members of the
house of representatives.
Action of the joint committee to report without recommendation a
res-
olution approving a compact may be on the affirmative vote of any
three
five or more members of the committee. All other actions of
the joint
committee may be taken by a majority of those present when there is
a
quorum.
(e) (d) The joint
committee on gaming compacts 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, subsistence allowance and mileage as
provided by
K.S.A. 75-3212, and amendments thereto, when attending meetings
of the
joint committee or subcommittee thereof.
(f) (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 on
gaming com-
pacts to the extent that the same do not conflict
with the specific provi-
sions of this act applicable to the joint committee.
(g) (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 gaming
compacts.
(h) The joint committee on gaming
compacts may introduce such
legislation as it considers necessary in performing its
functions.
(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 derived
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 introduce such legislation as
deemed necessary in performing
its functions.
Sec. 6. K.S.A. 46-2301, 46-2302 and
46-2303 and K.S.A. 1998 Supp.
46-1701 and 46-2101 are hereby repealed.
Sec. 7. This act shall take effect
and be in force from and after its
publication in the Kansas register.
Approved May 11, 1999.
Published in the Kansas Register May 20, 1999.
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