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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