Session of 1999
         
House Concurrent Resolution No. 5007
         
By Representatives Jennison and Garner
         
1-11
         

  9             A  CONCURRENT  RESOLUTION adopting joint rules for the Senate
10             and House of Representatives for the 1999-2000 biennium.
11      
12             Be it resolved by the House of Representatives of the State of Kansas,
13       the Senate concurring therein: That the following joint rules shall be
14       the joint rules of the Senate and House of Representatives for the 1999-
15       2000 biennium.
16      
JOINT RULES OF THE SENATE AND
17      
HOUSE OF REPRESENTATIVES
18      
1999-2000
19             Joint rule 1. Joint rules; application and date of expiration;
20       adoption, amendment, suspension and revocation. (a) Joint rules;
21       expiration, adoption, amendment, suspension and revocation; vote re-
22       quired. Joint rules are adopted under the authority of section 8 of article
23       2 of the Constitution of the State of Kansas and shall govern matters made
24       subject thereto except when otherwise specifically provided by joint rule.
25       Joint rules shall expire at the conclusion of the terms of representatives.
26       Joint rules shall be adopted, amended, suspended and revoked by con-
27       current resolution of the two houses of the legislature. Concurrent res-
28       olutions adopting joint rules shall receive the affirmative vote of not less
29       than a majority of the members then elected (or appointed) and qualified
30       in each house.
31             (b) Amendment, suspension or revocation of joint rules; previous no-
32       tice; vote required. After one day's previous notice, joint rules may be
33       amended, suspended or revoked by the affirmative vote of not less than
34       a majority of the members then elected (or appointed) and qualified in
35       each house. Upon the filing of such notice in either house, a message
36       shall be sent to the other house advising of the filing of such notice and
37       the reading of the message shall constitute notice to the members of such
38       house. If such previous notice is not given, the affirmative vote of 2/3 of
39       the members then elected (or appointed) and qualified in each house
40       shall be required for the amendment, suspension or revocation of a joint
41       rule.
42             (c) Amendment, suspension or revocation of joint rules at commence-
43       ment of legislative session; vote required; conditions. Notwithstanding any

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  1       provision of this rule to the contrary, no notice shall be required for the
  2       adoption of a concurrent resolution amending, suspending or revoking
  3       any one or more joint rules at the commencement of a legislative session,
  4       and adoption of any such concurrent resolution shall require only the
  5       affirmative vote of not less than a majority of the members then elected
  6       (or appointed) and qualified in each house, subject to the following con-
  7       ditions: (1) The concurrent resolution is sponsored by the speaker or the
  8       president, and (2) either (a) a copy thereof is mailed to each member of
  9       the legislature by deposit in the United States mails not later than 11:00
10       p.m. on the Thursday preceding the Monday on which the legislative
11       session is to commence or (b) in lieu of mailing, copies of the concurrent
12       resolution are made available to members on the first day of the legislative
13       session and final action is taken on a subsequent legislative day.
14             Joint rule 2. Joint sessions. (a) Joint session called by concurrent
15       resolution; vote required; time, place and subject matter. A joint session
16       of the senate and house of representatives may be called by concurrent
17       resolution adopted by the affirmative vote of not less than a majority of
18       the members elected (or appointed) and qualified in each house of the
19       legislature or as may otherwise be prescribed by law. Any such resolution
20       shall fix the time and place of the joint session, and the subject matter to
21       be considered at the joint session. Joint sessions shall consider only such
22       matters as are prescribed by law or by the concurrent resolution calling
23       such joint session.
24             (b) Presiding officer at joint sessions; record of joint session; rules
25       applicable. The speaker of the house of representatives shall preside at
26       all joint sessions of the senate and house of representatives, and the clerk
27       of the house of representatives shall keep a record of the proceedings
28       thereof and shall enter the record of each such session in the journal of
29       the house of representatives. The rules of the house of representatives
30       and the joint rules of the two houses, insofar as the same may be appli-
31       cable shall be the rules for joint sessions of the two houses.
32             (c) Votes in joint session; taking; requirements. All votes in a joint
33       session shall be taken by yeas and nays, and in taking the same it shall be
34       the duty of the secretary of the senate first to call the names of the
35       members of the senate, and after which the clerk of the house of repre-
36       sentatives shall in like manner call the names of the members of the
37       house. Each member of the senate and the house of representatives pres-
38       ent shall be required to vote on all matters considered in joint session,
39       unless excused by a vote of a majority of the members of both houses
40       present.
41             Joint rule 3. Conference committee procedure. (a) Action by
42       house of origin of bill or concurrent resolution amended by other house.
43       When a bill or concurrent resolution is returned to the house of origin

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  1       with amendments by the other house, the house of origin may: (1) Concur
  2       in such amendments; (2) refuse to concur in such amendments; or (3)
  3       refuse to concur in such amendments and request a conference on the
  4       bill or concurrent resolution.
  5             (b) Concurrence by house of origin; concurrence prior to taking ac-
  6       tion on conference committee report by other house; final action; effect of
  7       failure of motion to concur. The house of origin of any bill or concurrent
  8       resolution may concur in any amendments made by the other house,
  9       except that if the bill or concurrent resolution has been referred to a
10       conference committee such action may only be taken prior to the taking
11       of final action upon the conference committee report upon such bill or
12       concurrent resolution by the other house. A vote in the house of origin
13       of any bill or concurrent resolution on a motion to concur in amendments
14       to such bill or concurrent resolution by the other house shall be consid-
15       ered action on the final passage of the bill or concurrent resolution and
16       the affirmative and negative votes thereon shall be entered in the journal.
17       If the motion to concur is upon amendments to a bill or concurrent res-
18       olution for which a conference committee has been appointed and action
19       has not been taken upon the report of such committee by the other house
20       and such motion fails, the bill or concurrent resolution shall not be
21       deemed to have been killed thereby, but if the motion to concur is upon
22       amendments to a bill or concurrent resolution for which a conference
23       committee has not been appointed and such motion fails, the bill or con-
24       current resolution shall be deemed to be killed.
25             (c) Motion to nonconcur; when considered final action; effect of adop-
26       tion of motion. A vote in the house of origin of any bill or concurrent
27       resolution on a motion to nonconcur or to refuse to concur in amend-
28       ments to such bill or concurrent resolution by the other house which is
29       not coupled with a request for the appointment of a conference com-
30       mittee shall be considered action on final passage of the bill or concurrent
31       resolution and the affirmative and negative votes thereon shall be entered
32       in the journal, and the bill or concurrent resolution shall be deemed killed
33       on the adoption thereof.
34             (d) House of origin refusal to concur or nonconcur; request for con-
35       ference; procedure. When a bill or concurrent resolution is returned by
36       either house to the house of origin with amendments, and the house of
37       origin refuses to concur or to nonconcur therein, a conference may be
38       requested by a majority vote of the members present and voting. Such
39       request shall be transmitted to the other house by message which shall
40       include the names of the conferees on the part of the requesting house.
41       Upon receipt of any such message, the receiving house may, in like man-
42       ner, approve such conference, and shall thereupon notify the requesting
43       house by message stating the names of its conferees.

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  1             (e) Membership; appointment; chairperson; house of origin of substi-
  2       tute or materially changed bill or concurrent resolution; meetings of con-
  3       ference committee. Each conference committee shall consist of three
  4       members of the senate and three members of the house of representa-
  5       tives, unless otherwise fixed by agreement of the president of the senate
  6       and speaker of the house. Senate members shall be appointed by the
  7       president of the senate and house members shall be appointed by the
  8       speaker of the house of representatives. The president or the speaker
  9       may replace any conferee previously appointed by such person. Not less
10       than one member appointed from each house shall be a member of the
11       minority political party of such house except when such representation
12       for such house is waived by the minority leader of such house. In all cases,
13       the first-named member of the house of origin of the bill or concurrent
14       resolution assigned to the committee shall be chairperson of the confer-
15       ence committee. The house of origin of a substitute bill or substitute
16       concurrent resolution shall be the house in which the bill or concurrent
17       resolution in its original form was introduced. The chairperson of a con-
18       ference committee on a bill or concurrent resolution the subject matter
19       of which has been ruled to be materially changed shall be a member of
20       the house which amended the bill or concurrent resolution to materially
21       change the subject matter. Each conference committee shall meet on the
22       call of its chairperson. All meetings of conference committees shall be
23       open to the public and no meeting shall be adjourned to another time or
24       place in order to subvert such policy.
25             (f) Conference committee reports; subject matters which may be in-
26       cluded; report not subject to amendment; house which acts first on report;
27       copies of reports; reports considered under any order of business. Only
28       subject matters which are or have been included in the bill or concurrent
29       resolution in conference or in bills or concurrent resolutions which have
30       been passed or adopted in either one or both houses during the current
31       biennium of the legislature may be included in the report of the confer-
32       ence committee on any bill or concurrent resolution except in any appro-
33       priations bill there may be included a proviso relating to any such item
34       of appropriation. A conference committee report shall not be subject to
35       amendment. The original signed conference committee report shall be
36       submitted to and acted upon first by the house other than the house of
37       origin of the bill or concurrent resolution. Copies of each report shall be
38       made available to all members of the house considering the same not
39       later than the time of consideration of the report, except when such report
40       is that members of the committee are unable to reach agreement or is a
41       recommendation to accede to or to recede from all of the amendments
42       of the second house. The affirmative vote of 2/3 of the members present
43       in the house at the time of consideration of the report shall be sufficient

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  1       to dispense with distribution of copies of the conference committee re-
  2       port to all members of that house. Reports of conference committees may
  3       be received and considered under any order of business.
  4             (g) Signatures required on conference committee reports. All initial
  5       conference committee reports other than an agreement to disagree cou-
  6       pled with a request that a new conference committee be appointed shall
  7       be signed by all of the conferees. All initial conference committee reports
  8       which are an agreement to disagree coupled with a request that a new
  9       conference committee be appointed shall be signed by a majority of the
10       conferees appointed in each house. If a conference committee report
11       which is an agreement to disagree coupled with a request that a new
12       conference committee be appointed is not adopted, a subsequent con-
13       ference committee report shall be signed by all conferees unless a sub-
14       sequent conference committee report which is an agreement to disagree
15       coupled with a request that a new conference committee be appointed is
16       adopted, in which case a conference committee report subsequent to the
17       adoption of such report shall be signed by a majority of the conferees
18       appointed in each house. All other conference committee reports shall
19       be signed by a majority of the conferees appointed in each house.
20             (h) Vote to adopt conference committee report final action; effect of
21       failure of motion to adopt conference committee report. The vote to adopt
22       the report of a conference committee, other than a report of failure to
23       agree coupled with a recommendation for appointment of a new confer-
24       ence committee, shall be considered final action on the bill or concurrent
25       resolution and the affirmative and negative votes thereon shall be entered
26       in the journal. If the motion fails, the bill or concurrent resolution shall
27       be deemed to be killed. If the motion on a conference committee report
28       which is an agreement to disagree coupled with a request that a new
29       conference committee be appointed fails, the bill or concurrent resolution
30       shall not be deemed to have been killed thereby and remains in
31       conference.
32             (i) Report of conference committee unable to agree; effect of failure
33       to request new conference committee; effect of failure of motion to adopt
34       report requesting new conference committee. If a conference committee
35       upon any bill or concurrent resolution is unable to agree, it shall report
36       that fact to both houses. Such report may request that a new conference
37       committee be appointed thereon. If the committee so reports but fails to
38       request the appointment of a new conference committee thereon the bill
39       or concurrent resolution shall be deemed to have been killed upon the
40       adoption by either house of such report. If the motion to adopt a report
41       requesting the appointment of a new conference committee fails, the bill
42       or concurrent resolution shall be deemed to be killed.
43             (j) Bills or concurrent resolutions under consideration by conference

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  1       committees and reports thereof; carryover from odd-numbered to even-
  2       numbered year. Bills or concurrent resolutions under consideration by a
  3       conference committee, or a report of which has been filed but no action
  4       taken thereon in either house, at the time of adjournment of a regular
  5       session of the legislature held in an odd-numbered year shall remain alive
  6       during the interim and may be considered by the committee and legis-
  7       lature as the case may be at the regular session held in the following even-
  8       numbered year.
  9             Joint rule 4. Deadlines for introduction and consideration of
10       bills. The senate and house of representatives shall observe the following
11       schedule of deadlines in making requests for drafting and in the intro-
12       duction and consideration of bills.
13             (a) Bill request deadline for individual members. Except for bills in-
14       troduced pursuant to (i) of this rule, no request to draft bills, except those
15       made by committees, through their respective chairpersons, shall be
16       made to, or accepted by, the office of the revisor of statutes after the
17       hour of 5:00 p.m. on January 25, 1999, during the 1999 regular session
18       and on January 24, 2000, during the 2000 regular session.
19             (b) Bill introduction deadline for individual members. Except as pro-
20       vided in (i) of this rule, no bill sponsored by a member or members shall
21       be introduced in either house of the legislature after the hour of adjourn-
22       ment on February 10, 1999, during the 1999 regular session and on Feb-
23       ruary 9, 2000, during the 2000 regular session. Such deadline for the
24       introduction of bills by individual members may be changed to an earlier
25       date in either house at any time by resolution duly adopted by the affir-
26       mative vote of not less than a majority of the members then elected (or
27       appointed) and qualified in such house.
28             (c) Bill request deadline for certain committees. Except for bills to be
29       introduced pursuant to (i) of this rule, no committee except the commit-
30       tee on ways and means of the senate, select committees of either house
31       when so authorized, the committee on federal and state affairs of either
32       house or the house committees on calendar and printing, appropriations
33       and taxation shall make a request to the office of the revisor of statutes
34       for any bill to be drafted for sponsorship by such committee after the
35       hour of 5:00 p.m. on February 3, 1999, during the 1999 regular session
36       and on February 2, 2000, during the 2000 regular session.
37             (d) Bill introduction deadline for certain committees. Except as pro-
38       vided in (i) of this rule, no bill sponsored by any committee of either
39       house of the legislature, except the committee on ways and means of the
40       senate, select committees of either house when so authorized, the com-
41       mittee on federal and state affairs of either house or the house committees
42       on calendar and printing, appropriations and taxation shall be introduced
43       in either house after the hour of adjournment on February 12, 1999,

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  1       during the 1999 regular session and on February 11, 2000, during the
  2       2000 regular session.
  3             (e) House of origin bill consideration deadline. No bill, except bills
  4       sponsored by, referred to or acted upon by the committee on ways and
  5       means of the senate, select committees of either house when so author-
  6       ized, the committee on federal and state affairs of either house or the
  7       house committees on calendar and printing, appropriations and taxation
  8       shall be considered in the house in which such bill originated after the
  9       hour of adjournment on February 27, 1999, during the 1999 regular ses-
10       sion and on February 26, 2000, during the 2000 regular session.
11             (f) Second house bill consideration deadline. No bill, except bills
12       sponsored by, referred to or acted upon by the committee on ways and
13       means of the senate, select committees of either house when so author-
14       ized, the committee on federal and state affairs of either house or the
15       house committees on calendar and printing, appropriations and taxation
16       shall be considered by the house, not the house of origin of such bill,
17       after the hour of adjournment on March 27, 1999, during the 1999 regular
18       session and March 25, 2000, during the 2000 regular session.
19             (g) Exceptions to limitation of (d), (e) and (f); procedure. Specific
20       exceptions to the limitations prescribed in subsections (d), (e) and (f) may
21       be made in either house by resolution adopted by the affirmative vote of
22       not less than a majority of the members of such house then elected (or
23       appointed) and qualified.
24             (h) Deadline which falls on day neither house in session; effect. In the
25       event that any deadline prescribed in this rule falls on a day that neither
26       house of the legislature is in session, such deadline shall be observed on
27       the next following day that either house is in session.
28             (i) Bills introduced in odd-numbered years after deadlines; effect.
29       Bills may be introduced by members and committees in regular sessions
30       occurring in an odd-numbered year after the times prescribed in (b) and
31       (d) of this rule, but there shall be no final action thereon by either house
32       during the session when introduced. Such bills shall be held over for
33       consideration at the next succeeding regular session held in an even-
34       numbered year.
35             (j) Modification of schedule of deadlines for introduction and consid-
36       eration of bills; procedure. In any regular session a concurrent resolution
37       may be adopted by the affirmative vote of not less than a majority of the
38       members then elected (or appointed) and qualified of each house setting
39       forth a different schedule of deadlines for introduction and consideration
40       of bills for that session and the provisions of such concurrent resolution
41       shall apply to such session notwithstanding provisions of this rule to the
42       contrary.
43             (k) Bill consideration deadline; exceptions. No bills shall be consid-

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  1       ered by the Legislature after April 10, 1999, during the 1999 regular
  2       session and after April 8, 2000, during the 2000 regular session except
  3       bills vetoed by the Governor, the omnibus appropriation act and the om-
  4       nibus reconciliation spending limit bill provided for under K.S.A. 75-6702
  5       and amendments thereto. This subsection (k) may be suspended for the
  6       consideration of a specific bill or bills not otherwise exempt under this
  7       subsection by the affirmative vote of a majority of the members then
  8       elected (or appointed) and qualified in the house in which the bill is to
  9       be considered.
10             Joint rule 5. Closure of meetings to consider matters relating
11       to security. Any standing committee of the House of Representatives,
12       any standing committee of the Senate, the Legislative Coordinating
13       Council, any joint committee of both houses of the legislature, any special
14       or select committee of the House of Representatives or the Senate, the
15       House of Representatives in session, the Senate in session or a joint ses-
16       sion of the House of Representatives and the Senate may meet in closed,
17       executive session for the purpose of receiving information and considering
18       matters relating to the security of state officers or employees, or both, or
19       the security of buildings and property under the ownership or control of
20       the State of Kansas.
21