Session of 1998
                   
House Concurrent Resolution No. 5056
         
By Representative Spangler
         
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            9             A PROPOSITION to amend the constitution of the state of Kansas, by
10             revising article 2 thereof, relating to the legislative branch of state
11             government.
12            
13       \ih,1\Be it resolved by the Legislature of the State of Kansas, two-thirds of the
14       members elected (or appointed) and qualified to the House of Repre-
15       sentatives and two-thirds of the members elected (or appointed) and
16       qualified to the Senate concurring therein:
17           Section 1. The following proposition to amend the constitution of the
18       state of Kansas shall be submitted to the qualified electors of the state
19       for their approval or rejection: Article 2 of the constitution of the state of
20       Kansas shall be revised to read as follows:
21            
``Article 2. -- LEGISLATIVE
22              ``§ 1. Legislative power. (a) The legislative power of this state
23             shall be vested in a house of representatives and senate. The pro-
24             visions of this subsection shall expire on January 8, 2001.
25              (b) On and after January 8, 2001, the legislative power of this
26             state shall be vested in a legislature consisting of one chamber. All
27             authority vested by the constitution or laws of the state in the senate,
28             house of representatives, or joint session thereof, insofar as appli-
29             cable, shall be and hereby is vested in a legislature of one chamber.
30              (c) On and after January 8, 2001, the provisions of this subsec-
31             tion shall govern all references to the legislature and legislative bod-
32             ies. All provisions in the constitution and laws of the state relating
33             to the legislature, the senate, the house of representatives, joint ses-
34             sions of the senate and house of representatives shall, if applicable,
35             apply and mean the legislature of one chamber and members thereof
36             provided for in this section.
37              (d) On and after January 8, 2001, the p_30\ofisions of this subsec-
38             tion shall govern all references to legislative officers. All references
39             to the clerk of the house of representatives or to the secretary of the
40             senate shall mean, when applicable, the clerk of the legislature of
41             one chamber. All references to speaker of the house of representa-
42             tives and president of the senate shall mean speaker of the legisla-
43             ture.

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  1              (e) On and after January 8, 2001, the provisions of this subsec-
  2             tion shall govern all constitutional references to legislative bodies.
  3             Whenever any provision of the constitution requires submission of
  4             any matter to, or action by, the house of representatives, the senate,
  5             or joint session thereof, of the members of either bodies or both
  6             bodies, it shall, after January 8, 2001, be construed to mean the
  7             legislature provided for in this section.
  8              ``§ 2. Senators and representatives. Legislators. (a) The number
  9             of representatives and senators shall be regulated by law, but shall
10             not exceed one hundred twenty-five 125 representatives and forty
11             40 senators. Representatives and senators shall be elected from sin-
12             gle-member districts prescribed by law. Representatives shall be
13             elected for two year terms. Senators shall be elected for four year
14             terms. The terms of representatives and senators shall commence
15             on the second Monday of January of the year following election.
16             The provisions of this subsection shall expire on January 8, 2001.
17              (b) On and after January 8, 2001, the number of legislators shall
18             be regulated by law, but shall not exceed 75 members. Legislators
19             shall be elected from single-member districts prescribed by law. At
20             the general election to be held in November 2000, and each Novem-
21             ber each four years thereafter, all members of the legislature shall
22             be elected for a term of four years with the manner of such election
23             to be determined by law. The terms of legislators shall begin on the
24             second Monday of January of the year following election.``
25              ``§ 8. Organization and sessions. (a) The legislature shall
26             meet in regular session annually commencing on the second Mon-
27             day in January, and all sessions shall be held at the state capital. The
28             duration of regular sessions held in even-numbered years shall not
29             exceed ninety calendar days. Such sessions may be extended beyond
30             ninety calendar days by an affirmative vote of two-thirds of the
31             members elected to each house the legislature. Bills and concurrent
32             resolutions under consideration by the legislature upon adjourn-
33             ment of a regular session held in an odd-numbered year may be
34             considered at the next succeeding regular session held in an even-
35             numbered year, as if there had been no such adjournment.
36              (b) The legislature shall be organized concurrently with the terms
37             of representatives except that the senate shall remain organized
38             during the terms of senators. The president of the senate shall pre-
39             side over the senate, and the speaker of the house of representatives
40             shall preside over the house of representatives. A majority of the
41             members then elected (or appointed) and qualified of the house of
42             representatives or the senate shall constitute a quorum of that
43             house. Neither house, without the consent of the other, shall ad-

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  1             journ for more than two days, Sundays excepted. Each house shall
  2             elect its presiding officer and determine the rules of its proceedings,
  3             except that the two houses may adopt joint rules on certain matters
  4             and provide for the manner of change thereof. Each house shall
  5             provide for the expulsion or censure of members in appropriate
  6             cases. Each house shall be the judge of elections, returns and qual-
  7             ifications of its own members. The provisions of this subsection shall
  8             expire on January 8, 2001.
  9              (c) On and after January 8, 2001, the speaker of the legislature
10             shall preside over the legislature. A majority of the members of the
11             legislature then elected (or appointed) and qualified shall constitute
12             a quorum. The legislature shall determine the rules of its proceed-
13             ings and be the judge of elections, returns and qualifications of its
14             members. The legislature shall elect its presiding officers and pro-
15             vide for the expulsion or censure of its members in appropriate
16             cases.
17              ``§ 9. Vacancies in legislature. All vacancies occurring in ei-
18             ther house the legislature shall be filled as provided by law.
19              ``§ 10. Journals. Each house The legislature shall publish a
20             journal of its proceedings. The affirmative and negative votes upon
21             the final passage of every bill and every concurrent resolution for
22             amendment of this constitution or ratification of an amendment to
23             the Constitution of the United States shall be entered in the journal.
24             Any member of either house may make written protest against any
25             act or resolution, and the same shall be entered in the journal with-
26             out delay or alteration.
27              ``§ 13. Majority for passage of bills. A majority of the mem-
28             bers then elected (or appointed) and qualified of each house in the
29             legislature, voting in the affirmative, shall be necessary to pass any
30             bill. Two-thirds (2/3) of the members then elected (or appointed)
31             and qualified in each house in the legislature, voting in the affir-
32             mative, shall be necessary to ratify any amendment to the Consti-
33             tution of the United States or to make any application for congress
34             to call a convention for proposing amendments to the Constitution
35             of the United States.
36              ``§ 14. Approval of bills; vetoes. (a) Within ten days after pas-
37             sage, every bill shall be signed by the presiding officers and pre-
38             sented to the governor. If the governor approves a bill, he shall sign
39             it. If the governor does not approve a bill, the governor shall veto
40             it by returning the bill, with a veto message of the objections, to the
41             house of origin of the bill legislature. Whenever a veto message is
42             so received, the message shall be entered in the journal and in not
43             more than thirty calendar days (excluding the day received), the

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  1             house of origin legislature shall reconsider the bill. If two-thirds of
  2             the members then elected (or appointed) and qualified shall vote
  3             to pass the bill, it shall be sent, with the veto message, to the other
  4             house, which shall in not more than thirty calendar days (excluding
  5             the day received) also reconsider the bill, and if approved by two-
  6             thirds of the members then elected (or appointed) and qualified, it
  7             shall become a law, notwithstanding the governor's veto.
  8              If any bill shall not be returned within ten calendar days (exclud-
  9             ing the day presented) after it shall have been presented to the
10             governor, it shall become a law in like manner as if it had been
11             signed by the governor.
12              (b) If any bill presented to the governor contains several items
13             of appropriation of money, one or more of such items may be dis-
14             approved by the governor while the other portion of the bill is ap-
15             proved by the governor. In case the governor does so disapprove,
16             a veto message of the governor stating the item or items disap-
17             proved, and the reasons therefor, shall be appended to the bill at
18             the time it is signed, and the bill shall be returned with the veto
19             message to the house of origin of the bill. Whenever a veto message
20             is so received, the message shall be entered in the journal and, in
21             not more than thirty 30 calendar days, the house of origin legislature
22             shall reconsider the items of the bill which have been disapproved.
23             If two-thirds of the members then elected (or appointed) and qual-
24             ified shall vote to approve any item disapproved by the governor,
25             the bill, with the veto message, shall be sent to the other house,
26             which shall in not more than thirty calendar days also reconsider
27             each such item so approved by the house of origin, and if approved
28             by two-thirds of all the members then elected (or appointed) and
29             qualified, any such item shall take effect and become a part of the
30             bill.
31              ``§ 15. Requirements before bill passed. No bill shall be
32             passed on the day that it is introduced, unless in case of emergency
33             declared by two-thirds of the members present in the house where
34             a bill is pending legislature.
35              ``§ 27. Impeachment. (a) The house of representatives shall
36             have the sole power to impeach. All impeachments shall be tried
37             by the senate; and when sitting for that purpose, the senators shall
38             take an oath to do justice according to the law and the evidence.
39             No person shall be convicted without the concurrence of two-thirds
40             of the senators then elected (or appointed) and qualified. The pro-
41             visions of this subsection shall expire on January 8, 2001.
42              (b) The legislature shall have the sole power of impeachment,
43             but two-thirds of the legislators elected (or appointed) and qualified

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  1             must concur before a person may be convicted. When the legislature
  2             is sitting for the purpose of impeachment, the legislators shall take
  3             an oath to do justice according to the law and the evidence.''
  4           Sec. 2. The following statement shall be printed on the ballot with
  5       the amendment as a whole:
  6              ``Explanatory statement. The purposes of this amendment is to:
  7             (1) Change the structure of the legislature from two legislative
  8             branches to one branch; (2) to decrease the maximum number of
  9             legislators from 165 to 75 members; (3) to create four year terms
10             for all legislators; (4) to amend the legislative article to reflect the
11             change in the structure of the legislature from two legislative
12             branches to one legislative branch.
13              ``A vote for this amendment would change the structure of the
14             legislature from two legislative branches to one branch, decrease
15             the maximum number of legislators to 75 members and amend the
16             legislative article of the constitution to reflect the change in the
17             structure of the legislature.
18              ``A vote against this amendment would continue the present
19             structure of the legislature, continue the maximum number of leg-
20             islators at 165, continue the terms of representatives at two years
21             and terms of senators at four years and continue the provisions of
22             article 2 which refer to two separate branches of the legislature.''
23           Sec. 3. This resolution, if approved by two-thirds of the members
24       elected (or appointed) and qualified to the House of Representatives and
25       two-thirds of the members elected (or appointed) and qualified to the
26       Senate, shall be entered on the journals, together with the yeas and nays.
27       The secretary of state shall cause this resolution to be published as pro-
28       vided by law and shall cause the proposed amendment to be submitted
29       to the electors of the state at the general election in the year 1998 unless
30       a special election is called at a sooner date by concurrent resolution of
31       the legislature, in which case it shall be submitted to the electors of the
32       state at the special election.
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