House Status:
Senate Status:
Senate Status:
Minutes for SB249 - Committee on Federal and State Affairs
Short Title
Providing for the filling of a vacancy in the officer of state treasurer and commissioner of insurance by statewide party delegate convention.
Minutes Content for Thu, Jan 18, 2024
The hearings on SB249 and SB254 were held jointly.
Jason Long, Office of the Revisor of Statutes gave an overview of each bill. He stated under current law, when a vacancy occurs for the Insurance Commissioner or the State Treasurer, the Governor appoints a person to serve the remainder of the term. SB249 would require the replacement be filled by a state party delegate convention of the party of the Commissioner or State Treasurer. The bill details the process of the convention. (Attachment 1) The revisor then explained SB254 would change the method of filling a vacancy of a U.S. Senator. Instead of current law, wherein the Governor makes a temporary appointment at the time the vacancy occurs, the bill would require the Governor to appoint the person elected by a state party delegate convention. (Attachment 2)
Following questions of the revisor, the Chairman called for proponent oral testimony.
Proponent Oral Testimony
Senator Caryn Tyson spoke as a proponent of both bills. With respect to SB249, she stated one person should not be able to decide who fills a vacated seat. She made the point that Kansas uses an election process to replace vacancies for U.S. House, state house, state senate, county clerk, county treasurer, sheriff, and other seats, and asked why we are not using an election for replacement of a vacated state treasurer or insurance commissioner seat. (Attachment 3)
With respect to SB254, she stated Kansas is one of a majority of states in which the governor appoints a replacement for a vacant seat with no restrictions, until the time when a special election can be held. Some states have restrictions, but most do not. She was troubled that one person decides and appoints one of the most important representative positions in our nation. Senator Tyson also provided information on the process of each state for filling U.S. Senate vacancies. Having been made aware of potential conflicts with the U.S. Constitution, she suggested Kansas look at how Oregon fills vacated U.S. Senate seats, and perhaps amend this bill. (Attachment 4)
Senator Tyson stood for questions.
Proponent Written Only Testimony
Tonya Harris, private citizen (Attachment 5)
Rochelle Bockover-Caler, private citizen (Attachment 6)
Roger Lomshek, private citizen (Attachment 7)
Neutral Testimony
Matt Bingesser, Administrative Counsel, Office of the Attorney General, spoke as neutral on the bill. He stated the Attorney General's office initially had concerns about SB254 as written, but after speaking with proponent Senator Tyson, they no longer have concerns, provided the bill is amended to follow the method used by the state of Oregon. (Attachment 8)
There was no opponent testimony.
The Chairman closed the hearings on SB249 and SB254.
