J o u r n a l o f t h e H o u s e THIRTEENTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Thursday, January 30, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 123 members present. Reps. Carmody and Packer were excused on excused absence by the Speaker. Prayer by guest chaplain, the Rev. Wayne Bahr, pastor, Hartford Christian Church, Hartford, and guest of Rep. P. Long: Heavenly Father, We thank You for Your awesome presence in our lives and involvement in our endeavors. We are forever grateful for the gifts of life and freedom. We acknowledge that You are not only the author of these gifts, but you sustain them. May the men and women who have been called to sit in this chamber be the defenders of the very life and freedom you have so richly given. Your Scripture tells us that ``The wicked freely strut about when what is vile is honored among men.'' (Psalm 12:8) There are some truly vile things in our land and some are being honored. We pray for our leaders, that they would know right from wrong, that they may have our state's best interest in mind and heart, and that they may be servants of Your good work. May your counsel guide them in all they do and may they acknowledge with humble hearts, that their power does come from you. We, also, pray for the people of this great land, that your Spirit would convict us all to reject what is evil, repent of our sins, and turn to You. We give you all the glory. In the Name of Jesus, we pray without shame. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolutions were introduced and read by title: HB 2131, An act relating to public moneys; concerning depositories; amending K.S.A. 9-1401, 9-1403, 9-1406, 9-1407, 12-1676 and 17-5002 and K.S.A. 1996 Supp. 9-1402, 91405, 12-1675, 12-1677a and 12-1677b and repealing the existing sections, by Representative Huff. HB 2132, An act concerning the state educational institutions; relating to residence of students for fee purposes; amending K.S.A. 1996 Supp. 76-729 and repealing the existing section, by Representative Myers. HB 2133, An act concerning elections; relating to candidates for office; relating to nominations for office; relating to ballots; amending K.S.A. 22a-102, 25-308, 25-616 and 251903 and K.S.A. 1996 Supp. 25-105 and 25-306b and repealing the existing sections, by Committee on Governmental Organization and Elections. HB 2134, An act concerning governmental ethics; relating to gifts, hospitality and honoraria; amending K.S.A. 46-271 and K.S.A. 1996 Supp. 46-237 and repealing the existing sections, by Committee on Governmental Organization and Elections. HB 2135, An act concerning state governmental ethics; relating to certain solicitations by state officers and employees, candidates and officers elect; amending K.S.A. 1996 Supp. 46-236 and repealing the existing section, by Committee on Governmental Organization and Elections. HB 2136, An act relating to sales taxation; authorizing the issuance of blanket sales tax exemption certificates to political subdivisions; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Representatives Wempe and Ballard. HB 2137, An act concerning insurance coverage for immunizations; amending K.S.A. 1996 Supp. 40-2,102 and repealing the existing section, by Committee on Insurance. HB 2138, An act concerning insurance, relating to mental illness coverage; amending K.S.A. 1996 Supp. 40-2,105 and repealing the existing section, by Committee on Insurance. HB 2139, An act concerning the Kansas use law; amending K.S.A. 75-3317, 75-3319, 753320 and 75-3321 and repealing the existing sections, by Committee on Business, Commerce and Labor. HB 2140, An act concerning building energy efficiency standards; amending K.S.A. 66131a and repealing the existing section, by Committee on Utilities. HB 2141, An act concerning school districts; disallowing the counting of certain pupils for purposes of computations under the school district finance and quality performance act; amending K.S.A. 1996 Supp. 72-1046a, 72-6407 and 72-6757 and repealing the existing sections, by Representatives Mason, Ballou and O'Connor. HB 2142, An act concerning school district finance; affecting the determination of low enrollment weighting; amending K.S.A. 1996 Supp. 72-6412 and 72-6412a and repealing the existing sections, by Representatives Mason and Ballou. HB 2143, An act concerning civil procedure; relating to wrongful death; amending K.S.A. 60-1903 and repealing the existing section, by Representatives Swenson, Flaharty, Garner, Howell, Nichols, O'Connor, Pauls, Powers and Spangler. HB 2144, An act protecting policy holder information from release without written authorization; amending K.S.A. 40-2109 and repealing the existing section, by Committee on Business, Commerce and Labor. HB 2145, An act relating to sales taxation; exempting sales to and by parent teacher organizations; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Representatives Sharp, Benlon, Adkins, Alldritt, Ballard, Burroughs, Cox, Crow, Dillon, Dreher, Garner, Gilbert, Henderson, Kuether, J. Long, McKechnie, Reardon, Ruff, Showalter, Spangler, Stone, Storm, Thimesch, Toelkes and Tomlinson. HB 2146, An act concerning higher education; providing for appointment of a commissioner thereof; prescribing the duties and functions of the commissioner; amending K.S.A. 74-3203, 74-3204, 74-3267a, 74-3293, 74-3294, 74-3299, 74-32,101, 74-32,102, 7432,103, 74-32,106 and 75-2578 and K.S.A. 1996 Supp. 74-3272a, 74-3292, 74-3295, 743298, 74-32,104, 74-32,107, 74-32,113, 74-32,114, 74-32,115, 74-32,116, 74-32,118, 7432,119, 74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-32,138, 75-2935, 75-4740, 76-727 and 76-745 and repealing the existing sections, by Representatives Sloan and Tanner. HB 2147, An act concerning teachers and administrators of school districts, area vocational-technical schools and community colleges; relating to contract nonrenewal or termination notification dates; amending K.S.A. 1996 Supp. 72-5411, 72-5437 and 72-5452 and repealing the existing sections, by Committee on Education. HOUSE CONCURRENT RESOLUTION No. 5006-- By Representatives Shallenburger, Farmer, Grant, Henderson, Jennison, Neufeld, Powell and Sawyer A CONCURRENT RESOLUTION rejecting the Kansas City, Kansas, and Wyandotte county consolidation plan. Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the legislature hereby rejects the plan for the consolidation of Kansas City, Kansas, and Wyandotte county submitted to the legislature pursuant to K.S.A. 1996 Supp. 12-343. HOUSE CONCURRENT RESOLUTION No. 5007-- By Representatives Mason, Mays, Myers, O'Connor, Palmer, Toplikar and Wilson A CONCURRENT RESOLUTION directing the State Board of Education to undertake a study of school district organization and to render a blueprint for attainment of the optimal school district configuration. WHEREAS, The basic pattern for organization of school districts in Kansas was established before admission of the territory into the Union in 1861; by 1896, a total of 9,284 districts were being operated; and WHEREAS, A major step in the reorganization of school districts was taken by the Legislature in 1945 by enactment of legislation requiring all elementary districts to reorganize; the act was declared unconstitutional in 1947; and WHEREAS, In 1957, the Legislature authorized a comprehensive educational survey of the state which resulted in enactment of legislation providing for statewide unification of school districts; the act was declared unconstitutional in 1962; and WHEREAS, In 1963, the Legislature enacted legislation for the general improvement of the public schools in the state and to expedite the organization of public school districts of the state so as to establish a thorough and uniform system of free public schools throughout the state; the act was declared constitutional in 1965; and WHEREAS, Kansas society and the educational needs of Kansas children have changed significantly since unification of school districts was completed in 1969; and WHEREAS, The Kansas Constitution authorizes the State Board of Education to perform such duties pertaining to the educational interests of the state as may be imposed by the Legislature: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature, in acknowledgment of the fact that it has plenary power over the establishment, alteration, disorganization, and reorganization of school districts, and in recognition that any part of that power may be delegated to the State Board of Education, hereby directs the State Board to undertake a comprehensive study of the organization of school districts in this state to determine if the public school system could be more efficiently and effectively operated under a different configuration; and Be it further resolved: That in making the study of school district organization, the State Board of Education should: (a) Review grade level and school district enrollment and projected enrollment, pupil travel requirements including the distances pupils must travel to attend the schools of a district and the proximity of schools in adjoining districts with respect to pupils having lengthy bus commutes, the capacity and condition of existing school facilities in each district, communities of interest in matters such as commerce and tradition, property tax bases of districts, and other matters deemed appropriate to the study; (b) determine and document the existence of problems with respect to matters reviewed and provide suggestions for solution or alleviation of such problems; (c) envision a configuration of school districts that would serve the needs of Kansas children, Kansas taxpayers, and Kansas society in the most efficient and effective manner attainable and render a blueprint for attainment of such optimal configuration; (d) formulate recommendations for actualization of the blueprint for attainment of the optimal school district configuration and for legislation deemed necessary for actualization of the blueprint; and (e) present findings of the study, the blueprint for attainment of the optimal school district configuration, and recommendations with respect to actualization of the blueprint to the Chairperson of the Committee on Education of the House of Representatives and the Chairperson of the Committee on Education of the Senate on or before December 15, 1997; and Be it further resolved: That the State Board of Education is hereby authorized to establish advisory committees and secure consultant services for assistance in performing the duties imposed in the foregoing resolving clause; and Be it further resolved: That the Secretary of State is hereby directed to transmit enrolled copies of this resolution to the State Board of Education and to the Commissioner of Education at 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2119, 2127. Business, Commerce and Labor: HB 2121, 2122, 2124; SB 20. Governmental Organization and Elections: HB 2114, 2128, 2130; HCR 5005. Health and Human Services: HB 2129. Insurance: HB 2120. Judiciary: HB 2125, 2126. Taxation: HB 2113, 2115, 2116, 2117, 2118; SB 7. Transportation: HB 2123; SB 2. MESSAGE FROM THE SENATE Announcing passage of SB 45, 46, 49, 88. INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS The following Senate bills were thereupon introduced and read by title: SB 45, 46, 49, 88. CONSENT CALENDAR No objection was made to HB 2044 appearing on the Consent Calendar for the first day. No objection was made to HB 2023 appearing on the Consent Calendar for the third day. The bill was advanced to Final Action on Bills and Concurrent Resolutions. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2023, An act repealing K.S.A. 80-504; concerning townships; relating to township clerks, was considered on final action. On roll call, the vote was: Yeas 122; Nays 1; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Neufeld. Present but not voting: None. Absent or not voting: Carmody, Packer. The bill passed. HB 2045, An act relating to insurance; directors; numbers; election and term; oath; amending K.S.A. 40-305 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 117; Nays 6; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Donovan, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Ballou, Edmonds, Mayans, Mays, Swenson, Vickrey. Present but not voting: None. Absent or not voting: Carmody, Packer. The bill passed. Upon unanimous consent, the House referred back to the regular order of business, Introduction of Bills and Concurrent Resolutions. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were read by title: HB 2148, An act concerning licensed masters level psychologists; relating to employment; amending K.S.A. 1996 Supp. 74-5362 and 74-5363 and repealing the existing sections, by Committee on Appropriations. HB 2149, An act concerning state surplus property; relating to procedures for the disposition thereof; amending K.S.A. 1996 Supp. 75-6602 and repealing the existing section, by Committee on Appropriations. HB 2150, An act concerning the department of corrections; relating to inmate employment and training; amending K.S.A. 1996 Supp. 75-5211 and repealing the existing section, by Committee on Appropriations. HB 2151, An act concerning the employment security law; relating to the definition of certain terms; amending K.S.A. 1996 Supp. 44-703 and repealing the existing section, by Committee on Appropriations. HB 2152, An act concerning campaign finance; prohibiting contributions and solicitations for contributions during certain time periods; amending K.S.A. 25-4153a and repealing the existing section, by Committee on Governmental Organization and Elections. HB 2153, An act relating to income taxation; concerning credits therefrom relating to costs of making a facility accessible to individuals with a disability; amending K.S.A. 1996 Supp. 79-32,175 and repealing the existing section, by Representative Welshimer. HOUSE CONCURRENT RESOLUTION No. 5008-- By Representatives Tanner and Sloan A PROPOSITION to amend sections 2, 4 and 7 of article 6 of the constitution of the state of Kansas, relating to education. Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate concurring therein: Section 1. The following proposition to amend the constitution of the state of Kansas shall be submitted to the qualified electors of the state for their approval or rejection: Sections 2, 4 and 7 of article 6 of the constitution of the state of Kansas are hereby amended to read as follows: ``(section) 2. State board of education and state board of regents. (a) The legislature shall provide for a state board of education ~~which shall have~~ and for its general supervision of public schools, educational institutions and all the educational interests of the state, except educational functions delegated by law to the state board of regents. The state board of education shall perform such other duties as may be ~~provided~~ prescribed by law. (b) The legislature shall provide for a state board of regents and for its control and supervision of public institutions of higher education. Public institutions of higher education shall include universities and colleges granting baccalaureate or postbaccalaureate degrees and such other institutions and educational interests as may be provided by law. The state board of regents shall perform such other duties as may be prescribed by law. (c) Any municipal university shall be operated, supervised and controlled as provided by law. ``(section) 4. Commissioner of education. The ~~state board of education~~ governor shall appoint a commissioner of education, subject to confirmation by the senate, who shall serve at the pleasure of the ~~board as its executive officer~~ governor. The state board of education shall submit to the governor a list containing the names of nominees for appointment to the office of commissioner of education and appointment of the commissioner shall be made by the governor after consideration of the list of nominees. The commissioner of education shall be a member of the governor's cabinet, shall serve the state board of education as its executive officer, and shall act as a liaison between the governor and the state board of education. The commissioner of education shall perform such other duties as may be prescribed by law. ``(section) 7. Savings clause. ~~(a)~~ All laws in force at the time of the adoption of this amendment and consistent therewith shall remain in full force and effect until amended or repealed by the legislature. All laws inconsistent with this amendment, unless sooner repealed or amended to conform with this amendment, shall remain in full force and effect until July 1, ~~1969~~ 1998. (b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruction shall be elected after January 1, 1967. (c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the support of the public schools supervised by the state board of education.'' Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would eliminate the constitutional power of the state board of education to generally supervise the public schools without being subject to statutory guidelines prescribed by the legislature. This amendment also would provide for appointment by the governor of the commissioner of education who would be a member of the governor's cabinet and whose appointment would be approved by the state senate. ``A vote for this proposition would give greater accountability of the state board of education to the executive and legislative branches of government. The state board of education would be responsible for implementation of public school policy under statutory directives adopted by the legislature. The commissioner of education would serve as chief administrative officer of the state board of education and would provide liaison between the office of the governor and the state board of education. ``A vote against this proposition would continue in effect the authority of the state board of education to exercise legislative power in establishing policy regarding the public schools independent of direct input by the governor and legislature. A vote against this proposition also would continue in effect the current exclusion from the governor's cabinet of a representative of the state board of education.'' Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate, shall be entered on the journals, together with the yeas and nays. The secretary of state shall cause this resolution to be published as provided by law and shall cause the proposed amendment to be submitted to the electors of the state at the general election to be held in the year 1998 unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be submitted to the electors of the state at the special election. INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS The following resolution was introduced and read by title: HOUSE RESOLUTION No. 6004-- By Committee on Rules and Journal A RESOLUTION adopting permanent rules of the House of Representatives for the 19971998 biennium. Be it resolved by the House of Representatives of the State of Kansas: The following rules shall be the permanent rules of the House of Representatives for the 1997-1998 biennium. RULES OF THE KANSAS HOUSE OF REPRESENTATIVES 1997-1998 ARTICLE 1. HOUSE SESSIONS; GENERAL OPERATION Rule 101. Time of Meeting. The hour of meeting on the first day of each regular session shall be at 2:00 p.m., and on other days, shall be the hour set at adjournment on the previous legislative day except that if no hour of meeting is set at adjournment on the previous legislative day, the hour of meeting shall be 11:00 a.m. Rule 102. Speaker Taking Chair. The Speaker shall take the chair each day, at the hour to which the House has adjourned. The Speaker shall call the House to order and proceed to business in accordance with the Rules of the House. Rule 103. First Business. The first business each legislative day shall be the taking of the roll followed by prayer. Rule 104. Order of Business. (a) The regular order of business each legislative day, except on days and at times set apart for the consideration of special orders and except as provided by the joint rules of the House and Senate, shall be as follows: (1) Introduction and reference of bills and concurrent resolutions. (2) Reports of select committees. (3) Receipt of messages from the Governor. (4) Communications from state officers. (5) Messages from the Senate. (6) Introduction and notice of original motions and house resolutions. (7) Consideration of motions and house resolutions offered on a previous day. (8) The unfinished business before the House at the time of adjournment on the previous day. (9) Consent calendar. (10) Final Action on bills and concurrent resolutions. (11) Bills under consideration to concur and nonconcur. (12) General Orders. (13) Reports of standing committees. (b) The presentation of petitions shall be a special order of business on Friday of each week immediately preceding the regular order of business. Rule 105. Members Excused from Attendance. Members may be excused from attendance on any legislative day by the Speaker for the following reasons and such reasons shall be shown in the Journal: (1) verified illness; (2) legislative business; and (3) excused absence by the Speaker. Rule 106. Introduction of Guests. Except when permission has been given by the Speaker before taking the chair, no guests in the gallery shall be introduced to the House. Rule 107. Session Proforma. (a) The House of Representatives may meet from time to time for the sole purposes of processing routine business of the House of Representatives. These sessions shall be known as Session Proforma. (b) Time of Meeting. Session Proforma shall be announced at least one legislative day in advance with the hour for meeting Proforma set on the previous legislative day. (c) Order of Business. The only orders of business that may be considered during Session Proforma are: (1) Introduction and reference of bills and concurrent resolutions. (2) Receipts of messages from the Governor. (3) Communications from State Officers. (4) Messages from the Senate. (5) Reports of Standing Committees. (6) Presentation of Petitions. (d) Motions. No motion shall be in order other than the motion to adjourn. (e) Objections. Any objection by any member shall require the Session Proforma to adjourn to the next day, Saturday and Sundays excluded, at 11:00 a.m. (f) Quorum and Roll. There shall be no requirement for a quorum or taking of the roll. ARTICLE 3. QUORUM Rule 301. Quorum, What Constitutes. A majority of all members then elected (or appointed) and qualified shall constitute a quorum. In the absence of a quorum no business shall be transacted by the House, except as provided in Rule 107, 302 and 303 or to recess or adjourn. Rule 302. Absence of Quorum. In the absence of a quorum during any session of the House, the members present may do what is necessary to attain a quorum. In the absence of a quorum while in the committee of the whole, the committee shall rise and report. Reprimand, censure or expulsion may be imposed as provided by Article 49 when there is found to be no sufficient excuse for absence of a member. Rule 303. Roll Call to Determine Quorum. A roll call shall be taken to determine the existence of a quorum on demand of any member. The result of each roll call to ascertain a quorum shall be recorded in the Journal by statement of the total number present, naming only the absentees. ARTICLE 5. CONDUCT IN THE HOUSE CHAMBER Rule 501. Admission to Floor. (a) During daily sessions, from the time of convening until adjournment to the following legislative day, only the following classes of persons shall be admitted to the floor of the House, the cloakrooms to the east of the house chamber and the hallway at the west of the house chamber: (1) Members of the Legislature; (2) officers and employees of the legislative branch who are properly identified; (3) persons having permits from the Speaker. (b) No person who is an officer or employee of the executive or judicial branch of Kansas government or an employee of the federal government shall be admitted to the area of the chamber on which legislators' desks are located during the time the House of Representatives is in session, except as provided by resolution. (c) No person registered with the Secretary of State as a lobbyist shall be on the floor of the House chamber during the part of the year that the Legislature is in session. (d) The sergeant at arms shall remove all persons from the floor, except persons authorized under the Rules of the House or a House resolution. (e) The provisions of this rule shall not be construed to prevent the right of access (through the west hallway) by persons going directly to or returning from the offices of the Speaker and the Majority Leader. Rule 502. Smoking and Tobacco Products. No smoking shall be permitted in the House chamber. No member may request a page to purchase any tobacco product. In addition to the areas of the house in which smoking is otherwise prohibited under this rule, no smoking shall be permitted in the house cloakrooms, lounge, rest rooms or in the hallway which runs along the west side of the chamber. Rule 503. Galleries. Visitors shall be allowed in one or both galleries of the House in accordance with directions to the sergeant at arms from the Speaker. The use of telephones and the making of telephone calls in the galleries of the House are prohibited. Rule 504. Placing Material on Member's Desks. No items or material shall be placed upon the desk of any member of the House unless any such item or material bears the signature and printed name of the member responsible for its distribution. This Rule 504 shall not apply to items or material provided by legislative staff. Rule 505. Photographic Record of Vote. No photographic or similar record shall be made of the vote of any member upon any measure upon which a division of the assembly has been called. Rule 506. Wireless Electronic Telecommunications Devices. The use of wireless electronic telecommunications devices emitting an audible sound or tone to announce or initiate communications in the House chamber is prohibited during any time the House is in session. ARTICLE 7. INTRODUCTION OF BILLS AND RESOLUTIONS Rule 701. Introduction of House Bills and Resolutions. Every House bill or resolution intended to be introduced shall be delivered to the chief clerk. The delivery shall be by a legislator who is a sponsor of the legislation or by a legislator who is the chairperson or vice chairperson of a legislative committee that has authorized the introduction, or by a legislative staff person or another member of the House authorized by such legislator. In lieu of introduction as provided by this rule, introduction may be as provided by law for prefiled bills and resolutions. Rule 702. Introduction of Senate Bills and Concurrent Resolutions. Senate bills and concurrent resolutions sent to the House shall be introduced upon reading of the message received by the chief clerk. Rule 703. Reading of Bills and Resolutions for Introduction. For the purpose of introduction, the chief clerk shall read bills and resolutions by title, except citations of statutes. The Speaker may require any House resolution to be read in full. The name of the sponsor shall be read if there is only one sponsor. If there are two sponsors, both names shall be read. If there are more than two sponsors, the name of the first sponsor shall be read, followed by the words ``and others.'' Rule 704. Senate Bills and Concurrent Resolutions; Procedure Following Introduction. Following introduction, all Senate bills and Senate concurrent resolutions when in the House shall follow the same procedure as House bills and House concurrent resolutions. ARTICLE 9. REFERENCE OF BILLS AND RESOLUTIONS Rule 901. Reference, Generally. (a) On the day of introduction or the following legislative day, the Speaker shall refer each bill to: (1) A standing committee, (2) a select committee, (3) the committee of the whole House, (4) to two or more standing committees separately, or (5) to two or more standing committees jointly. (b) On the day of introduction or the following legislative day, the Speaker shall refer each concurrent resolution: (1) In any way that a bill may be referred under subsection (a), if the concurrent resolution is a proposition to amend the Constitution of Kansas, to call a constitutional convention to amend or revise the Constitution of Kansas, to ratify an amendment to the Constitution of the United States, to apply for a United States constitutional convention, or to amend the joint rules of the House and Senate; (2) if the concurrent resolution is not one of those specified in subpart (1) of this subsection (b), it may be referred in any way that a bill may be referred under subsection (a), or the Speaker may authorize consideration thereof on the day of introduction under the order of business introduction and reference of bills and concurrent resolutions. (c) On the day of introduction, the Speaker may refer any House resolution (1) in any way that a bill may be referred under subsection (a) or (2) make no reference, except the Speaker shall make any reference required by the Rules of the House. (d) Bills or resolutions prefiled under K.S.A. 46-801 et seq. and amendments thereto for the regular session of the legislature held in even-numbered years may be referred by the Speaker to the appropriate committee or the committee of the whole at any time subsequent to the prefiling of such bill or resolution with the chief clerk of the House. Rule 902. Appropriation Bills. Bills containing more than one item of appropriation shall be referred to the standing committee on appropriations, except that bills introduced by the committee on appropriations may be referred to the committee of the whole House. Rule 903. Separately Referred Bills and Resolutions. (a) When a bill or resolution has been referred separately to two or more standing committees, each committee shall consider the bill or resolution separately in the order specified by the Speaker. (b) If the first committee to which a bill or resolution has been separately referred, reports the bill or resolution adversely, the bill or resolution shall not be considered by the second committee, unless returned to the second committee by the committee of the whole House in accordance with Rule 1505. (c) When a bill has been referred separately and the report of the first committee was not adverse, the report of the second committee shall be the report considered by the committee of the whole House. Rule 904. Jointly Referred Bills and Resolutions. When a bill or resolution is jointly referred, it shall be considered and acted upon at a joint meeting of the two committees. The chairperson of the first committee named in the joint referral shall be the chairperson of the joint committee when considering such bill or resolution. ARTICLE 11. COMMITTEES; COMPOSITION Rule 1101. Standing Committees; Names and Members. The standing committees of the House shall be the following and have the number of members indicated for each: 1. Agriculture...........................................................17 2. Appropriations........................................................23 3. Business, Commerce and Labor...........................................7 4. Calendar and Printing..................................................7 5. Economic Development..................................................17 6. Education.............................................................21 7. Environment...........................................................17 8. Federal and State Affairs.............................................23 9. Financial Institutions................................................17 10. Fiscal Oversight.....................................................14 11. Governmental Organization and Elections..............................17 12. Health and Human Services............................................17 13. Insurance............................................................17 14. Interstate Cooperation................................................7 15. Judiciary............................................................21 16. Rules and Journal.....................................................5 17. Taxation.............................................................23 18. Tourism..............................................................17 19. Transportation.......................................................17 20. Utilities............................................................17 Rule 1102. Committee Appointments. (a) The Speaker shall appoint the members of the standing committees. The Speaker may remove or replace any such committee member at any time. (b) The Speaker shall appoint the chairperson and vice chairperson of each standing committee. The Speaker may remove or replace any such chairperson or vice chairperson at any time. Rule 1103. Select Committees. The Speaker may appoint select committees and the chairpersons and vice chairpersons thereof. The Speaker may remove or replace any such chairpersons or vice chairpersons or members of such committees. Select committees shall meet on call of the chairperson or when directed by the Speaker. Rule 1104. Announce Appointments. All committee appointments shall be announced in open session. ARTICLE 13. COMMITTEES; PROCEDURE Rule 1301. Committee Meetings; Time and Place. (a) When the Legislature is in session, standing committees shall meet at the times and place assigned by the Speaker on the call of the chairperson. (b) Also, when the Legislature is in session, a standing committee shall meet upon written request of three members of the committee. Such a request shall be submitted to the Speaker and the chairperson at least one legislative day before the requested time of meeting. The time and place of a meeting under this subsection (b) shall be set by the chairperson with the approval of the Speaker. Rule 1302. Notice and Agenda for Committee Meetings. The chairperson shall provide notice of meetings and an agenda or agenda information to committee members, the chief clerk and the public. The chief clerk shall include in the calendar such information as is practical. Rule 1303. Duties of Committee Chairperson. The principal duties of the chairperson of a standing committee are: (a) To preside over meetings of the committee and to put all questions; (b) to maintain order and decide all questions of order subject to appeal to the committee; (c) to supervise and direct staff of the committee; (d) to keep, or have the committee secretary keep, subject to the approval of the committee at a subsequent meeting, minutes of meetings which shall include: (1) The time and place of each meeting of the committee; (2) the attendance of committee members; and (3) the names and addresses of persons appearing before the committee and whom each represents; (e) to prepare and sign reports of the committee and submit them promptly to the chief clerk; (f) to appoint subcommittees to perform duties on an informal basis; and (g) to inform the Speaker of any committee activity which caused any member of the committee to be absent during any recorded vote. Rule 1304. Introduction of Committee Bills and Resolutions. A committee may introduce bills and resolutions while the Legislature is in session respecting any matters referred to it. A standing committee may introduce bills and resolutions only within the general subject area assigned to the committee. No standing committee shall originate a bill which is substantially identical with any bill which has been referred to another standing committee, and which is under consideration by such committee. Rule 1305. Quorum of a Committee. A quorum shall be present at a meeting for a committee to act officially. A quorum of a committee is a majority of the members of the committee. A quorum of a committee may transact business and a majority of the quorum, even though it is a minority of the committee, may adopt a committee report. Rule 1306. Voting in Committees. (a) All final actions by a committee shall be taken at a called meeting while the Legislature is in session. The total vote for or against each action shall be recorded in the committee minutes. (b) The committee chairperson may vote but shall not be required to vote unless the committee is equally divided. If the chairperson's vote makes the division equal, the question shall be lost. (c) An action formally taken by a committee cannot be altered in the committee except by reconsideration and further formal action of the committee. (d) A motion to take from the table may be adopted by the affirmative vote of a majority of the members present at any called meeting of the committee. Rule 1307. Procedure in General. Committee procedure shall be informal, but where any questions arise thereon, the rules or practices of the House are applicable except that the right of a member to speak to any question shall not be subject to the limitations prescribed by Rule 1704. All motions in a committee shall require a second. Rule 1308. Committee Action on Bills and Resolutions. (a) A committee may recommend amendments to measures referred to it which are germane to the subject of the measure. Committee recommendations shall be made by committee report to the House. Committee reports shall be signed by the chairperson or other committee members authorized by the committee to make the report, and shall be transmitted to the House not later than the second legislative day following the action of the committee. (b) All committee reports on bills and resolutions shall be recorded in the journal. (c) If amendments are pending on a measure when referred to a committee, the amendments accompany the bill and the committee may recommend the adoption or rejection of the amendments already proposed and make further recommendations. Rule 1309. Motion to Withdraw a Bill or Resolution from a Committee. (a) Each standing committee should report to the House upon all matters referred to it within 10 legislative days after its reference to the committee. (b) When a committee fails to report on any bill or resolution within the time directed by subsection (a), it may be withdrawn from the committee by an affirmative vote of 70 members of the House. Such a motion shall be made in writing, giving the reasons for withdrawal from the committee. Such motion shall be made under the order of business introduction and notice of original motions and House resolutions. Only one bill or resolution may be named in such a motion. The motion shall be read by the chief clerk or the member making the motion and shall be printed in the calendar of the next legislative day under the order of business consideration of motions and House resolutions offered on a previous day. The motion shall be considered on the legislative day following the day it is made. If the motion prevails, the bill or resolution shall be placed on the calendar under the order of business General Orders. (c) Motions to withdraw a bill or resolution from a committee are not subject to amendment or debate. (d) The provisions of subsections (a) through (c) of this rule shall not apply to resolutions adopting or amending rules of the House. Resolutions relating to the adoption or the amendment of rules of the House may be withdrawn from the Committee on Rules and Journal at any time by the affirmative vote of 63 members of the House. Rule 1310. Wireless Electronic Telecommunications Devices. The use of wireless electronic telecommunications devices emitting an audible sound or tone to announce or initiate communications in a committee room is prohibited during any time when a committee or subcommittee is in session in the room. ARTICLE 15. CALENDAR LOCATION OF BILLS AND RESOLUTIONS Rule 1501. General Orders; Description and Function. Bills, concurrent resolutions and House resolutions reported for further action by the committee to which they were referred and bills and concurrent resolutions referred directly to the committee of the whole shall constitute the General Orders of the calendar of the House. The titles of such bills and resolutions shall appear under the heading General Orders in the order directed by the committee on calendar and printing. The reporting committee and its action on the bill or resolution shall be shown under each thereof. Such bills and resolutions shall be considered by the committee of the whole in the order which they appear on General Orders. Rule 1502. Posting of Sequence for Succeeding Day. When the committee on calendar and printing has prepared the sequence of bills and resolutions to appear on General Orders for the succeeding legislative day, a copy of the list giving the number designation of each bill and resolution in the order they are to appear shall be posted near the entrance to the House chamber. No bill or resolution shall appear on General Orders or be considered in the Committee of the Whole without notice of the same having been announced in the House not later than 4:00 p.m. or prior to adjournment if at a later hour on the previous day. Rule 1503. Change in the Sequence on General Orders. (a) The order of a bill or resolution on General Orders may be changed by unanimous consent or by the affirmative vote of 70 members. (b) Also, the order of a bill or resolution on General Orders may be changed by vote of a majority of all members then elected (or appointed) and qualified of the House on a motion made as provided in this subsection (b). Such a motion shall be made in writing, giving the reasons for the proposed change. Such motion shall be made under the order of business introduction and notice of original motions and House resolutions. Only one bill or resolution may be named in such a motion. The motion shall be read by the chief clerk or the member making the motion and shall be printed in the calendar of the next legislative day under the order of business consideration of motions and House resolutions offered on a previous day. The motion shall be considered on the legislative day following the day it is made. If such a motion fails, a motion to change the order on General Orders of such bill shall not be in order until the fifth legislative day following such failure. (c) Motions to change the order of a bill or resolution on General Orders are not subject to amendment or debate. (d) This Rule 1503 does not apply to the addition or removal of a bill or resolution from General Orders. Rule 1504. Adversely Reported Bills and Resolutions; Calendar Location. Bills and resolutions that are adversely reported shall appear on the calendar for one day under the heading bills adversely reported. Rule 1505. Motion to Move Adversely Reported Bill or Concurrent Resolution to General Orders. (a) A motion to add an adversely reported bill or resolution to General Orders shall be made in writing. Such motion shall be made under the order of business introduction and notice of original motions and House resolutions, and such motion may not be made after the legislative day when the bill or resolution appears on the calendar under Rule 1504. The motion shall be read by the chief clerk or the member making the motion and shall be printed in the calendar of the next legislative day under the order of business consideration of motions and House resolutions offered on a previous day. The motion shall be considered on the legislative day following the day it is made. (b) When a bill or resolution has been separately referred and is adversely reported by the first committee of separate reference, a motion to add the adversely reported bill or resolution to General Orders is not in order, but a motion to move the adversely reported bill or resolution to the next committee of separate reference may be made in the same manner as the motion in subsection (a). (c) Adoption of a motion under this Rule 1505 requires the affirmative vote of 70 members of the House. (d) If a motion under subsection (a) prevails, the words ``Adversely Reported'' shall be printed in a line below the title of the bill when it is listed on General Orders. ARTICLE 17. MEMBERS ADDRESSING THE HOUSE Rule 1701. Requesting the Floor. Any member desiring to request the floor shall press the ``present'' button, and shall not proceed until recognized by the chair. Rule 1702. Order During Speaking. While a member is speaking to the House, no other member shall engage in private conversation or pass between the member speaking and the chair. Rule 1703. When Question is Put. While a question is being put or a roll call or division is being taken, members are not to speak or leave their seats. Rule 1704. Violation of Rules While Speaking. (a) Members shall address the House from the microphone located in the well of the House chamber. (b) No member shall speak more than twice on the same day to the same question without leave of the House, unless the member is the mover or is carrying the measure, in which case such member may open and close the debate and may respond to direct questions from other members addressed to them during the course of consideration of the measure. For the purposes of this subsection, an amendment to any measure shall be considered as a separate and independent question. (c) The privilege of a member carrying a measure to open and close the debate shall not be affected by any order for the previous question or that debate shall cease. Such member may occupy 20 minutes in closing the debate after the previous question is ordered and may divide that time with other members. (d) While a member is carrying a measure, such member may yield to another member for explanation of the measure, or for personal explanation, or for a motion to adjourn without losing the privilege to carry the measure for the remainder of their time except that such member may not yield to any member who has already spoken twice on such question on the same day. (e) If any member, in speaking, violates the rules of the House, the chair shall call such member to order. ARTICLE 19. COMMITTEE OF THE WHOLE Rule 1901. Motion to go into Committee of the Whole House. When the order of business General Orders is reached, a motion shall be in order for the House to go into committee of the whole for consideration of bills and resolutions as listed on General Orders. Rule 1902. Committee of the Whole; Normal Procedure. Bills and resolutions shall be considered in the committee of the whole as follows: If the standing committee has recommended that the bill or resolution be amended, the standing committee report shall first be considered, and if it is adopted, the bill as amended by the committee report shall be considered section by section, and as each section is considered, amendments from the floor are in order to that section. If the committee report is not adopted, or if the committee has recommended no amendments, the bill, without committee amendments, shall be considered section by section, and as each section is considered amendments from the floor are in order to that section. After a section has been once considered, no amendment thereto shall be in order until the whole bill shall have been considered section by section. After the original bill, together with standing committee amendments if any, has been considered section by section, the chairperson shall announce ``Amendments to the bill generally are in order,'' and amendments not before offered may be made to any part of the bill. A motion that when the committee arises it report a bill favorably, or report a bill favorably as amended, shall not be in order until all other motions have been disposed of, and such a motion shall not be offered as a substitute motion. A motion to strike the enacting clause is in order at any stage until the final vote is announced. The motion to strike the enacting clause may be debated upon the merit of the proposition, and shall not be subject to amendment or substitution. A roll call vote shall be taken upon a motion to strike the enacting clause. Rule 1903. Motion to Pass Over a Bill or Resolution While in Committee of the Whole. When in the committee of the whole, either (1) a motion to pass over a bill or resolution and that it retain its place on the Calendar or (2) a motion to pass over a bill or resolution and that it retain a place on General Orders shall be in order only after the chairperson has announced that the next order of business is such bill or resolution and has recognized a member to carry it. Either such motion shall require the vote of a majority of the members present for adoption. Motions under this rule shall not be subject to debate. Rule 1904. Motions to Refer Bills or Resolutions to a Committee While in Committee of the Whole. When in the committee of the whole, motion may be made to refer a bill or resolution to a standing committee only after the chairperson has announced that the next order of business is such bill or resolution and has recognized a member to carry it. Such motion shall require the vote of a majority of the members present for adoption. No motion to refer a bill or resolution to the committee on fiscal oversight shall be in order. Rule 1905. Striking Bills and Resolutions from the Calendar While in Committee of the Whole. (a) While in committee of the whole, a motion to strike a bill or resolution from the calendar shall be in order only after the chairperson has announced that the next order of business is such bill or resolution and has recognized a member to carry it. (b) A motion to strike a bill from the calendar under this Rule 1905 (1) shall require a vote of a majority of the members present for adoption, and (2) shall be subject to roll call in accordance with subsection (e) of Rule 2507, but shall not be subject to a call of the House under Rule 2508. Rule 1906. Requesting the Floor. Any member desiring to request the floor shall press such member's ``present'' button, and shall not proceed until recognized by the chairperson of the committee of the whole. Rule 1907. Rules Applicable. The same rules, except Rule 2508, shall be observed in the committee of the whole as in the House, so far as the same are applicable, except that the previous question and the motion to lay on the table shall not apply. Rule 1908. Rise and Report. A motion for the committee of the whole to rise and report shall be in order at any stage, and shall be decided without debate. When the committee of the whole has a bill under consideration and rises without final action thereon, the bill shall retain a place on General Orders. Rule 1909. Effect of Recommendation of Committee of the Whole. Bills recommended for passage and resolutions recommended for adoption by the committee of the whole shall not be subject to amendment or debate after the adoption by the House of the committee of the whole report. When a bill or resolution is reported with the recommendation that the enacting or resolving clause be stricken, and the committee of the whole report is adopted by the House, the bill or resolution shall be considered as killed and shall be stricken from the calendar. Rule 1910. Report of Committee of the Whole. When the report of the committee of the whole recommends the passage of a bill or adoption of a resolution, and the report is adopted by the House, such bills and resolutions shall be considered as ordered to the order of business Final Action. If the bill or resolution has been amended by the committee of the whole it shall be reprinted. ARTICLE 21. AMENDMENT OF BILLS AND RESOLUTIONS Rule 2101. Germaneness. Amendments to bills and resolutions shall be germane to the subject of the bill or resolution. The principal test of whether an amendment is germane shall be its relationship to the subject of the bill or resolution, rather than to wording of the title thereof. The amendment must be relevant, appropriate, and have some relation to or involve the same subject as the bill or resolution to be amended. For the purposes of this rule the subject matter of any appropriation bill is the spending and appropriating of money and any amendment which changes the amount of money spent in any state agency or program is germane to any appropriation bill. Any member, upon recognition by the presiding officer, may request a ruling upon the germaneness of any amendment to a bill or resolution. All rulings upon the question of germaneness shall be made by the chairperson of the House Committee on Rules and Journal. At the time of making such ruling, the chairperson shall state the reasons or basis for such ruling. Appeals from rulings of the chairperson may be taken upon the motion of any member. Such appeals shall be in order at the time of the making of the ruling and shall take precedence over any question pending at the time the chairperson makes such ruling. Appeals from the ruling of the chairperson shall be debatable only by the member making the motion to amend which is the subject of the ruling, the member carrying the measure sought to be amended, the Majority Leader or a member designated by the Majority Leader and the Minority Leader or a member designated by the Minority Leader. Debate upon the ruling of the chairperson shall be limited to the question of the germaneness of the proposed amendment. At the conclusion of debate the presiding officer shall inquire: ``Shall the chairperson's ruling be sustained?'' Rule 2102. Form of Amendment Motions. Motions to amend bills and resolutions shall specify the page and line number, as shown on the printed bill or resolution, and shall be in writing on a form provided by the House or a form substantially similar. In the case of amendment by substitute bill, motion shall be made to substitute a written bill for the bill under consideration. Rule 2103. Reading Amendments; General Rule. Motions to amend bills and resolutions shall not require readings as for bills introduced, except as otherwise provided in Rule 2107, but shall be subject to Rule 2306. Rule 2104. Motions to Amend Motions. A motion to amend a motion to amend a bill or resolution shall not be in order. Rule 2105. Dividing Motions. When any motion to amend a bill or resolution contains distinct propositions it shall be divided by the chairperson at the request of any member. Rule 2106. Substitute Motions. No substitute motion to amend a bill or resolution shall be in order. Rule 2107. Subject Change by Senate. (a) When the Senate adopts amendments to a House bill which materially changes its subject, upon return of such bill to the House, it shall be read as provided for the introduction of bills and be referred as provided in Rule 701. (b) The Speaker may determine when a bill is subject to subsection (a). ARTICLE 23. PROCEDURAL MOTIONS Rule 2301. Order of Motions. When a question is under consideration, no motion shall be received except as specified under the Rules of the House, which motions shall have precedence in the following order: (a) For adjournment of the House. (b) For call of the House. (c) To lay on the table. (d) For the previous question. (e) To postpone to a certain time. (f) To commit to a standing committee. (g) To commit to a select committee. (h) To reject the adoption of reports of conference committees coupled with the request for appointment of a new conference committee. (i) To adopt the report of conference committees. (j) To amend. (k) To postpone indefinitely. Rule 2302. Motion to Adjourn. The motion to adjourn shall always be in order, except while a vote is being taken and until announced, or when a member has the floor, or when the previous question is pending; but a motion to recess is not equivalent to a motion to adjourn. Rule 2303. Motion to Reconsider. A motion to reconsider shall take precedence of all other questions except the motion to adjourn. No motion for reconsideration of any vote shall be in order, unless made on the same day or the legislative day following that on which the decision to be reconsidered took place, nor unless a member voting with the prevailing side shall move such reconsideration. A motion for reconsideration, being put and lost, shall not be renewed, nor shall any subject or vote be a second time reconsidered without unanimous consent, but this provision shall not be construed as preventing the introduction of a bill on the same subject. The member moving for reconsideration shall be allowed not more than two minutes for stating the reasons in support of the motion. Such motion shall be subject to debate by any member, stating reasons in support or opposition to the motion. Each of such members shall be allowed not more than one minute for the purpose of such debate. Such motion shall require the affirmative vote of members equal in number to that required to take the action proposed to be reconsidered. A motion to reconsider any final action of the House shall be in order at any time prior to the time at which the message of the House thereon is read into the record of the Senate. A motion to reconsider any final action of the House may be made after the time at which the message of the House thereon is read into the report of the Senate but any action taken pursuant thereto will be contingent upon the return of the measure to the House by the Senate. Rule 2304. Previous Question. The ``previous question'' shall be: ``Shall the main question be now put?'' and until it is decided shall preclude all amendments or debate. When voting on the previous question, the House decides that the main question shall not now be put, the main question shall be considered as still remaining under debate. The main question shall be on the passage of the bill, resolution or other matter under consideration. When amendments are pending, a vote shall first be taken upon such amendments in their order without further debate or amendment. A majority vote of the members present shall order the previous question. Rule 2305. Motions Not Subject to Debate. All questions relating to priority of business shall be decided without debate. The motion to adjourn, to change the order of consideration of a bill, for a call of the House, and to lay on the table shall be decided without amendment or debate. The several motions to postpone or commit shall preclude all debate on the main question. Rule 2306. Motion to Refer Bills or Resolutions to Committee When Not in Committee of the Whole. When not in the committee of the whole, a motion to refer a bill or resolution from the calendar to a standing committee shall be in order only when the body is meeting as the House of Representatives and shall be authorized only when offered by the Majority Leader, or in the absence of the Majority Leader, by the Assistant Majority Leader. Such motion shall require the affirmative vote of a majority of the members then elected (or appointed) and qualified to the House. No motion to refer a bill or resolution to the committee on fiscal oversight shall be in order. Rule 2307. Motion to Strike Bills and Resolutions from Calendar When Not in Committee of the Whole. When not in the committee of the whole, a motion to strike a bill or resolution from the calendar shall be in order only when the body is meeting as the House of Representatives and shall be authorized only when offered by the Majority Leader, or in the absence of the Majority Leader, by the Assistant Majority Leader. Such motion shall require the affirmative vote of a majority of the members then elected (or appointed) and qualified to the House. Rule 2308. Stating Question. Every motion shall be first stated by the presiding officer or read by the chief clerk, before debate, and again immediately before putting the question. Rule 2309. Dividing Motion. If any motion contains distinct propositions it shall be divided by the chairperson at the request of any member. Rule 2310. When Motions to be in Writing. Every motion, except those specified in Rules 2301 and 2303, shall be in writing if the Speaker or any member desires it. All motions to amend a bill or resolution and all resolutions shall be in writing. Rule 2311. Suspension of Rules of the House. (a) No rule of the House shall be suspended except by unanimous consent or by an affirmative vote of a majority of the members then elected (or appointed) and qualified to the House, subject to the following exceptions: (1) A motion to suspend the rules, and to declare an emergency and to advance a bill to the order of business Final Action, as contemplated in article 2, section 15 of the Constitution shall require an affirmative vote of 2/3 of the members present in the House. (2) A motion to suspend the rules and to permit amendment and debate of a bill under the order of business Final Action shall require an affirmative vote of 2/3 of the members present in the House. (b) When under the rules of the House a motion, question or action requires a vote of a majority greater than a majority of the members present, the majority specified for such motion, question or action shall be required to suspend the rules for the purpose of such motion, question or action. When under the rules of the House notice of a motion reduces the required majority for adoption of the motion, the required majority shall not be reduced if the notice is disposed of by suspension of the rules. (c) Suspension of the rules or unanimous consent shall not reduce the majority required under subpart (1) of subsection (a) of this rule. Rule 2312. Mason's Manual; When Applicable. In any case where rules of the House or the joint rules of the Senate and House do not apply, Mason's Manual of Legislative Procedure, shall govern. ARTICLE 25. VOTING Rule 2501. Control and Use of Voting System. The electronic voting system shall be under the control of the Speaker or other presiding officer and shall be operated by the chief clerk. The electronic voting system shall be used to record the vote whenever a roll call vote is taken on any question and may be used for ascertaining the vote upon any measure upon which a division of the assembly has been called. In the event that the system is not operating properly, roll call votes may be taken by calling the roll. Rule 2502. Procedure for Taking a Roll Call Vote. When a roll call vote is taken, the presiding officer shall state the question and instruct the members to proceed to vote. When sufficient time has been allowed the members to vote, the presiding officer shall inquire: ``Has every member had an opportunity to vote?'' After a short pause the presiding officer shall direct the chief clerk to close the roll. After the roll has been closed, when Rule 2505 applies, the presiding officer shall inquire: ``Does any member desire to explain their vote?'' and any member so desiring may give such explanation when recognized by the presiding officer. The presiding officer shall inquire: ``Does any member desire to change their vote?'' If any member does desire to change their vote, such member when recognized by the presiding officer, shall advise how they desire to change such vote and the presiding officer shall then instruct the chief clerk to make the appropriate change. A member who has not previously voted may vote at this time when permitted by the presiding officer. Such member shall advise how they wish to vote and the presiding officer shall then instruct the chief clerk to record such vote. After all members who desire to vote or to change their votes have had reasonable opportunity to do so, the presiding officer shall direct the chief clerk to record the vote, and when the vote is recorded the presiding officer shall announce the vote. Rule 2503. Display of Recurring Totals. Under Rule 2502, recurring totals shall be displayed only after the roll is closed. No recurring totals shall be displayed for a determination of the vote upon a division of the assembly. Rule 2504. Voting by Members. (a) A member may vote only when at their desk or at any place within the chamber of the House when authorized by the presiding officer, who shall direct the chief clerk to so vote for such member. (b) No member shall vote for another member. No person not a member shall cast a vote for a member, except as otherwise provided in the rules. In addition to such penalties as may be prescribed by law, any member who votes or attempts to vote for another member shall be subject to Article 49 of these rules. If a person not a member votes or attempts to vote for any member, such person shall be barred from the floor of the House for the remainder of the session, and, in addition to penalties prescribed by law, may be punished further as the House determines. (c) The Speaker shall not be compelled to vote except in case of a tie. Rule 2505. Explaining Vote. Any member may, when a roll call vote is being taken on the passage or adoption of any bill or resolution, explain their vote. Such member shall be allowed not more than one minute for such explanation. Such explanation, if furnished in writing by such member upon the day the vote is taken, shall be entered in the Journal, provided it does not contain more than 100 words. Rule 2506. Copies of Voting Records. (a) Unless otherwise ordered, the chief clerk shall record each roll call vote and make copies available for the use of the news media. No record shall be made of the vote of any member voting upon any measure upon which a division of the assembly has been called. (b) When a roll call vote is taken, it shall be recorded in the Journal by a statement of the names and total number voting in the affirmative, the names and total number voting in the negative, names and total number indicating presence but not voting and the names and total number absent or not voting, except that the provisions of this section shall not permit a member to fail to vote in violation of Rule 2508. Rule 2507. When Roll Call Vote to be Taken. (a) A roll call vote shall be taken for the passage of any bill. (b) A roll call vote shall be taken for the adoption of any concurrent resolution to amend the Constitution of the state of Kansas, to call a Kansas constitutional convention, to extend a session of the Legislature in even-numbered years, to ratify any amendment of the Constitution of the United States, to make any application for Congress to call a convention for proposing amendments to the Constitution of the United States and when required by the joint rules of the House and Senate. A roll call vote is not required for adoption of concurrent resolutions pertaining to commendations or acknowledgments, unless required under subsection (e) of Rule 2507. (c) A roll call vote shall be taken for the adoption of any House resolution to adopt, amend or revoke any rule of the House or to reject any executive reorganization order. (d) A roll call vote shall be taken to concur in Senate amendments to any bill or concurrent resolution or to adopt any conference committee report other than a report agreeing to disagree. (e) A roll call vote shall be taken on any question on demand of 15 members, unless a roll call vote is already pending. Rule 2508. Call of the House. (a) A call of the House shall be ordered on the demand of any 10 members at any stage of the voting previous to the announcing of the vote or, if the voting system is used, prior to recording the vote. This Rule 2508 shall apply to the taking of a vote upon the final passage of any bill or final adoption of any resolution whether under the order of business Final Action or under any order of business. Also, this Rule 2508 shall apply to the taking of a vote on a motion to strike the enacting clause of a bill and the resolving clause of a resolution and on a motion to strike all after the enacting clause or resolving clause, except when the House is in the committee of the whole. When the call of the House is once invoked, then all members present during the call, shall be required to vote before the call is raised. The call of the House shall not be raised (so long as 10 members continue the demand) until a reasonable effort has been exerted to secure absentees. (b) Any member, who is directly interested in a question, may be excused from voting, when there is a call of the House. The member, who is requesting to be excused from voting, shall state the reasons therefor, occupying not more than five minutes. The question on excusing such member from voting shall be taken without debate and a 2/3 majority of members present shall be necessary to excuse such member. If a member refuses to vote, when not excused, such refusal shall constitute grounds for reprimand, censure or expulsion under Article 49 of the Rules of the House. Rule 2509. Voice Vote; Division of the Assembly. Except when a roll call vote is required a voice vote shall be taken on all questions. Any member may call for a division of the assembly to determine the vote by the voting system. ARTICLE 27. FINAL ACTION Rule 2701. Description and Function. Subject to Rule 2705, bills and resolutions reported favorably by the committee of the whole shall constitute the order of business Final Action of the House. The titles of such bills and resolutions shall appear under the heading Final Action in numerical order. The standing committee which reported it and the committee of the whole action on the bill or resolution shall be shown under each thereof. Rule 2702. Reading and Vote. Each bill and resolution under the order of business Final Action shall be read by title, except citations of statutes amended or repealed and a roll call vote shall then be taken upon final passage or adoption without amendment or debate. Rule 2703. Amendment and Debate, When. Upon motion as provided in subpart (2) of subsection (a) of Rule 2311 or when recommended in the committee of the whole report which has been adopted by the House, bills or resolutions may be debated and amended on Final Action prior to the vote taken upon final passage or adoption. Each bill or concurrent resolution considered under this Rule 2703 shall be considered in the manner provided in Rule 1902 so far as it is applicable. A motion to strike the enacting clause or resolving clause shall be in order. Rule 2704. Speaker to Preside. Subject to Rule 3303, the Speaker shall preside during the order of business Final Action. Rule 2705. Consent Calendar. Whenever a standing committee is of the opinion that a bill or concurrent resolution upon which it is reporting is of a noncontroversial nature, it shall so state in its committee report. Whenever a bill or concurrent resolution is so reported, it shall be placed upon the Consent Calendar. Each bill or concurrent resolution placed on the Consent Calendar shall remain thereon for at least two full legislative days before being considered under the order of business Final Action. At any time prior to the call for the vote under the order of business Final Action on a bill or concurrent resolution on the Consent Calendar, any member may object to the bill or concurrent resolution as being controversial and thereupon it shall be removed from the Consent Calendar and shall be placed on General Orders. If no objection is made prior to the call for the vote on the bill or concurrent resolution, it shall be ordered to Final Action for vote before other bills and concurrent resolutions on Final Action. Rule 2706. Majority for Bill Passage. As provided in section 13 of article 2 of the Constitution of Kansas, a majority of the members then elected (or appointed) and qualified, voting in the affirmative, shall be necessary for the passage of a bill. Rule 2707. Vote Required for Adoption of House Resolutions and Concurrent Resolutions. (a) A majority of the members then elected (or appointed) and qualified voting in the affirmative shall be necessary to adopt House resolutions and concurrent resolutions, except as otherwise specified in these rules. (b) Adoption of concurrent resolutions to amend the Constitution of the state of Kansas, to call a Kansas constitutional convention, to extend a session of the Legislature in evennumbered years, to ratify any amendment of the Constitution of the United States, to make any application for Congress to call a convention for proposing amendments to the Constitution of the United States and when required by the joint rules of the House and Senate shall require a 2/3 majority of the members then elected (or appointed) and qualified, voting in the affirmative. Rule 2708. Motion to Adopt Report of Conference Committee. The member carrying the report of a conference committee shall move that such report be adopted prior to yielding the floor to any other member and a motion to adopt a report of a conference committee shall not be offered as a substitute motion. ARTICLE 29. RESOLUTIONS Rule 2901. Resolving Clause; Form. (a) Concurrent resolutions to amend the Constitution of the state of Kansas, to call a Kansas constitutional convention, to extend a session of the Legislature in even-numbered years, to ratify any amendment of the Constitution of the United States, to make any application for Congress to call a convention for proposing amendments to the Constitution of the United States and when required by the joint rules of the House and Senate shall have a resolving clause which reads ``Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected to the House of Representatives and two-thirds of the members elected to the Senate concurring therein.'' (b) Concurrent resolutions for any purpose other than subsection (a) shall have a resolving clause which reads ``Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein.'' (c) House resolutions shall have a resolving clause which reads ``Be it resolved by the House of Representatives of the State of Kansas.'' Rule 2902. House Resolutions; Introduction and Consideration. (a) House resolutions, except for those changing rules of the House or approving or rejecting executive reorganization orders, shall lay over at least one legislative day before action is taken thereon and do not require a roll call vote unless required under subsection (e) of Rule 2507. (b) House resolutions shall be considered under the order of business consideration of motions and house resolutions offered on a previous day, except house resolutions to (1) adopt, amend or revoke any rule of the House or (2) when the resolution has been referred to a standing committee and reported favorably. Resolutions under subparts (1) and (2) shall take a place on General Orders when favorably reported or when referred to the committee of the whole by the Speaker. Rule 2903. Resolutions; Limitations. (a) Appropriations shall not be made by resolutions. (b) Resolutions do not require approval of the Governor. Rule 2904. Applications for Introduction of certain Resolutions; Committee on Calendar and Printing; Certificate of the House. Notwithstanding any other rule of the House of Representatives to the contrary, no House resolution or concurrent resolution which congratulates, commemorates, commends, honors or is in memory of any individual, entity or event shall be introduced by a member or committee of the House of Representatives unless application for approval of the introduction of such resolution is first made to the committee on calendar and printing, and the resolution is approved for introduction by the committee on calendar and printing. The application shall be determined on the basis of content alone. The committee on calendar and printing shall consider all such applications and shall determine whether a House resolution or House concurrent resolution should be approved for introduction, or whether a certificate of the House should be approved for issuance or whether no action should be taken on the application. The committee on calendar and printing shall report to the House the decision of the committee on each application approved by the committee under this rule for the introduction of a House resolution or House concurrent resolution or issuance of a certificate of the House. ARTICLE 33. MEMBER OFFICERS Rule 3301. Elected Member Officers. The Speaker and the Speaker Pro Tem shall be members and shall be elected by the members of the House, except as otherwise provided in subsection (b) of Rule 3304. Rule 3302. Duties of the Speaker. In addition to other powers and duties of the Speaker provided by the Rules of the House and by law, the Speaker shall have the powers and duties as follows: (a) To preserve order and decorum; (b) to decide all questions of order, subject to appeal to the House; (c) in the absence of the Speaker Pro Tem, to appoint any member to perform the duties of the chair for not more than two consecutive legislative days; and (d) to name a chairperson to preside when the House is in committee of the whole. Rule 3303. Speaker Pro Tem. In the absence of the Speaker, the Speaker Pro Tem shall exercise the powers and duties of the Speaker. Rule 3304. Filling Certain Vacancies. (a) When a vacancy occurs in the office of Speaker and the Legislature is adjourned to a date more than 60 days after the occurrence of the vacancy, the House of Representatives shall meet within 30 days and elect a member to fill the vacancy. The Speaker Pro Tem shall within 10 days of such occurrence issue a call for such meeting at a time not less than 10 days and not more than 20 days after the date of the call. (b) When a vacancy occurs in the office of Speaker Pro Tem or Majority Leader of the House of Representatives, the Speaker shall appoint an acting Speaker Pro Tem or acting Majority Leader, to serve until the convening of the next session of the Legislature, at which time the vacancy shall be filled in the manner provided for the original election or selection of such officer. (c) When a vacancy occurs in the office of Minority Leader of the House of Representatives and the Legislature is adjourned to a date less than 30 days after the occurrence of the vacancy, the Assistant Minority Leader shall become the acting Minority Leader to serve until the convening of the next session of the Legislature, at which time the vacancy shall be filled in the manner provided for the original selection of such officer. When a vacancy occurs in the office of the Minority Leader of the House and the Legislature is adjourned to a date 30 days or more after the occurrence of the vacancy, the Assistant Minority Leader shall within 10 days after such occurrence issue a call for a meeting of the members of the minority party at a time not less than 10 and not more than 20 days after the date of the call to be held in the state capitol for the purpose of filling the vacancy in the office of Minority Leader for the remainder of the term of office. From the time of the occurrence of such vacancy until the filling of the vacancy, the Assistant Minority Leader shall serve as acting Minority Leader and shall exercise the powers and duties of the Minority Leader. When a vacancy occurs in the office of Assistant Minority Leader, the Minority Leader shall appoint an Assistant Minority Leader to serve until the convening of the next session of the Legislature, at which time the vacancy shall be filled in the manner provided for the original selection of such officer. (d) Any person elected, appointed or designated to fill a vacancy under this rule shall exercise all of the duties and powers prescribed for the office so filled. ARTICLE 35. NONMEMBER OFFICERS Rule 3501. Chief Clerk; Appointment. The chief clerk shall be appointed by the Speaker and shall serve under the Speaker's direction, control and supervision and at the pleasure of the Speaker. As used in the Rules of the House, ``chief clerk'' means the chief clerk appointed under this Rule 3501 or a person designated by the chief clerk to perform a function of the chief clerk. Rule 3502. Duties of the Chief Clerk. The chief clerk shall supervise the keeping of and be responsible for a record of all proceedings of the House; number and present to the House all bills, resolutions, petitions and other papers which the House may require; deliver all messages from the House to the Senate; transmit bills and other documents to be printed and take a receipt therefor; transmit bills for engrossment and take receipt therefor; receive all bills, resolutions and other papers which are enrolled and give receipt therefor; and cause all enrolled bills, resolutions and other documents to be proofread and corrected prior to signing thereof by officers of the House. Rule 3503. Other Clerks. The chief clerk shall appoint additional clerks and personnel to assist in performance of the duties of the chief clerk. Such additional clerks and personnel shall serve under the chief clerk's direction, control and supervision and at the pleasure of the chief clerk. Rule 3504. Document Care. No bill, resolution, petition or other document shall be loaned or delivered to any person, except when delivered to an officer of the House, to the director of printing, the revisor of statutes or the Senate and only upon a written receipt therefor. Rule 3505. Sergeant at Arms; Appointment. The sergeant at arms shall be appointed by the Speaker and shall serve under the Speaker's direction, control and supervision and at the pleasure of the Speaker. Rule 3506. Duties of the Sergeant at Arms. The sergeant at arms shall preserve order within the chamber of the House and its lobby and galleries. The sergeant at arms may arrest and take into custody any person for disorderly conduct, subject at all times to the authority of the House or Speaker, or chairperson of the committee of the whole, and shall be responsible for the enforcement of Rules 501 through 505 and 2506(a). The sergeant at arms shall receive items or material for distribution among the members of the House. The sergeant at arms shall execute all orders of the House not otherwise provided for. Rule 3507. Assistant Sergeants at Arms. The Speaker may appoint and remove assistant sergeants at arms to serve under the supervision of the sergeant at arms. All doorkeepers shall be assistant sergeants at arms. ARTICLE 37. AMENDMENT OF RULES OF THE HOUSE Rule 3701. Adopting, Amending or Revoking Rules of the House. No rule of the House shall be adopted, amended or revoked except by a House resolution which has been adopted by an affirmative vote of a majority of the members then elected (or appointed) and qualified to the House. Rule 3702. Resolutions for Rule Changes. (a) Notwithstanding any other rule of the House, the Speaker shall refer all resolutions which provide for the adoption, amendment or revocation of any House rule to the standing Committee on Rules and Journal before its consideration by the House. (b) No resolution relating to the rules of the House which has been referred to the standing Committee on Rules and Journal shall be tabled or reported adversely by such committee except by the unanimous vote of all members of such committee. Rule 3703. Printing. Resolutions to which this Article 37 apply shall be printed and are subject to subsection (c) of Rule 2507. Rule 3704. Adoption of Resolutions. Resolutions to which this Article 37 apply shall be subject to Rule 2902. Rule 3705. Special Sponsorship of Rule Change Resolutions. Notwithstanding any provision of the rules of the House to the contrary, no referral to the standing committee on rules and journal shall be required for the adoption of a resolution adopting, amending or revoking any one or more rules of the House at the commencement of a legislative session, and adoption of any such resolution shall require only the affirmative vote of not less than a majority of the members then elected (or appointed) and qualified, subject to the following conditions: (a) The resolution is sponsored by the Speaker or the standing committee on rules and journal and (b) either (1) a copy thereof is mailed to each member 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 (2) in lieu of mailing, copies of the resolution are made available to members on the first day of the legislative session and consideration under Rule 3704 occurs on the second legislative day. ARTICLE 39. FORM AND PRINTING OF BILLS AND RESOLUTIONS Rule 3901. Bills Amending Existing Statutes. Any bill intended to amend or repeal any section or sections of the Kansas Statutes Annotated shall recite in its title the section or sections to be amended or repealed, and if to amend or repeal any section of a session law not in Kansas Statutes Annotated, the section and chapter of the session law affected. Rule 3902. Bills, Copies. Each bill introduced shall consist of an original and copies. All bills shall be printed with as many copies as the Speaker specifies. Except for prefiled bills, printing shall be ordered subsequent to introduction. Rule 3903. Showing Committee Amendments. All bills and resolutions reported by a committee with recommendation for amendments and to be passed as amended shall be reprinted. Rule 3904. Substitute Bills and Substitute Concurrent Resolutions. (a) When a substitute bill is recommended by a committee report, and when an amendment from the floor is adopted replacing the bill under consideration with a substitute bill, the substitute bill shall be printed in the manner provided for bills introduced, and the bill number designation shall be substantially as follows: (1) In the case of bills substituted for House bills, ``Substitute for House Bill No. ______,'' and the blank shall be filled with the number of the bill for which substitution is made or recommended. (2) In the case of bills substituted for Senate bills, ``House Substitute for Senate Bill No. ______,'' and the blank shall be filled with the number of the bill for which substitution is made or recommended. (b) When a substitute concurrent resolution is recommended by a committee report, and when an amendment from the floor is adopted replacing the concurrent resolution under consideration with a substitute concurrent resolution, the substitute concurrent resolution shall be printed in the manner provided for concurrent resolutions introduced, and the concurrent resolution number designation shall be substantially as follows: (1) In the case of concurrent resolutions substituted for House concurrent resolutions, ``Substitute for House Concurrent Resolution No. ______,'' and the blank shall be filled with the number of the concurrent resolution for which substitution is made or recommended. (2) In the case of concurrent resolutions substituted for Senate concurrent resolutions, ``House Substitute for Senate Concurrent Resolution No. ______,'' and the blank shall be filled with the number of the concurrent resolution for which substitution is made or recommended. Rule 3905. Appropriation Bills. All bills making an appropriation shall be printed and distributed at least 48 hours before such bills are considered by the House. Rule 3906. Committee of the Whole Amendments. If a bill or concurrent resolution is amended by the committee of the whole, it shall be reprinted showing the amendments. Rule 3907. Concurrent Resolutions, When Printed. (a) Concurrent resolutions to amend the Constitution of Kansas, to call a constitutional convention to amend the Kansas constitution, to ratify amendments to the Constitution of the United States, to apply for a United States constitutional convention or to amend the joint rules of the House and Senate shall be printed as provided for bills under Rule 3902. (b) Other concurrent resolutions shall be printed as provided for bills under Rule 3902, unless otherwise directed by the Speaker. Rule 3908. Embellished Printing of Certain Resolutions. Unless otherwise directed by the Speaker, not more than five copies of any enrolled House resolutions and any enrolled House concurrent resolutions may be printed on embellished parchment and shall be distributed as directed by the resolution. Additional copies of any resolution may be printed on embellished parchment and mailed at the expense of the member requesting such additional copies. Rule 3909. House Resolutions. Subject to Rule 3908, House resolutions shall not be printed, except resolutions to amend rules of the House, to approve or disapprove executive reorganization orders or if the resolution has been referred to a committee, in which cases the resolution shall be printed. ARTICLE 41. JOURNAL AND CALENDAR Rule 4101. Journal; Preparation. The daily Journal of the House of Representatives shall be prepared by the chief clerk in accordance with the Rules of the House. Rule 4102. Entering in Journal. When a bill, order, motion or resolution is entered in the Journal, the names of the members or legislative committee introducing or moving the same shall be entered. Rule 4103. Resolutions in Journal. All House resolutions and all House concurrent resolutions shall be printed in the Journal when introduced. Rule 4104. Messages from the Governor in Journal. All messages from the Governor and all executive reorganization orders shall be printed in the Journal. Rule 4105. Calendar; Preparation. The House Calendar shall be prepared for each legislative day by the chief clerk in accordance with the Rules of the House. Rule 4106. Status of Bills and Resolutions Shown in Calendar. The status of all House and Senate bills and concurrent resolutions and House resolutions shall be shown by number in the Calendar for each legislative day. Rule 4107. Copies of Journals and Calendars. Each member shall be furnished with a printed copy of the daily Journal and the daily Calendar. ARTICLE 43. MISCELLANEOUS Rule 4301. Employees; Employment. Such employees as are necessary to enable the officers, members and committees to properly perform their duties and transact the business of the House with efficiency and economy shall be recruited under the supervision of the director of legislative administrative services subject to approval of the Speaker. The director of legislative administrative services shall keep a roster of the employees of the House and an account of the hours of service performed. No employee shall lobby for or against any measure pending in the Legislature and any employee violating this rule shall be discharged immediately. Rule 4302. Special Order. Any matter may be made the special order for any particular time or day, but all requests and motions for special orders shall be referred to the committee on rules and journal, which may designate particular times and days for such special orders and report to the House for its approval. Upon adoption of such report by 2/3 of the members present, the matters designated shall stand as special orders for the times stated, but no special order shall be made more than seven days in advance. This Rule 4302 shall not apply to executive reorganization orders or resolutions relating thereto. Rule 4303. Petitions; Presentation. Petitions and memorials addressed to the House shall be presented by a member. Rule 4304. Petitions; Endorse Name. Each member presenting a petition or memorial shall endorse it with their name or the name of the committee, and a brief statement of its subject. Rule 4305. Open Meetings. The open meeting law (K.S.A. 75-4317 et seq. and amendments thereto) shall apply to meetings of the House of Representatives and all of its standing committees, select committees, special committees and subcommittees of any of such committees. ARTICLE 45. EXECUTIVE REORGANIZATION ORDERS Rule 4501. Referral of Executive Reorganization Orders. Whenever an executive reorganization order is received from the Governor, it shall be referred to an appropriate committee by the Speaker. Rule 4502. Committee Report on Executive Reorganization Orders. The committee to which an executive reorganization order is referred shall report its recommendations upon every executive reorganization order referred to it, in the form of a House resolution, not later than the 60th calendar day of any regular session, and not later than 30 calendar days after it has received such referral whichever of the foregoing occurs first. Rule 4503. Return in Event of Committee's Failure to Report. In the event that a committee fails to report upon an executive reorganization order and upon all resolutions relating thereto referred to it within the time specified in Rule 4502, such committee shall be deemed to have returned the same to the House without recommendation thereon. Rule 4504. Special Order of Business for ERO. When a report or return of an executive reorganization order is made, it and all resolutions for approval or disapproval thereof shall be made the special order of business on a particular day and hour specified by the Speaker but not later than the last day the executive reorganization order may be disapproved under section 6 of article 1 of the Constitution of Kansas. A resolution for approval or disapproval of an executive reorganization order shall be considered under the order of business Final Action and shall be subject to debate and final action by the House. Rule 4505. Nonapplication to Bills. This Article 45 shall not apply to bills amending or otherwise affecting executive reorganization orders. Rule 4506. Nonaction When Moot. The House shall act to approve or reject every executive reorganization order unless at the time set for such action the Senate shall have already rejected such executive reorganization order. ARTICLE 47. IMPEACHMENT Rule 4701. Impeachment; Powers. Nothing in the rules of the House or in any statute shall be deemed to impair or limit the powers of the House of Representatives with respect to impeachment. Rule 4702. Same; Select Committee. The Speaker may appoint a select committee comprised only of members of the House of Representatives, and appoint its chairperson, to inquire into any impeachment matter. Any such committee may be appointed at any time and shall meet at the call of its chairperson or at the direction of the House, with the numbers of such appointees being minority party members and majority party members in the same proportion as for the entire House membership. Rule 4703. Same; Reference. The Speaker may refer any impeachment inquiry or other impeachment matter to any standing committee or any select committee appointed under Rule 4702, and any committee to which such a referral has been made shall meet on the call of its chairperson. Rule 4704. Same; Report. Whenever a report is made by a committee to which an impeachment inquiry or other impeachment matter has been referred, the report thereon shall be made to the full House of Representatives, except that any such report may be submitted preliminarily to the Speaker. Rule 4705. Same; Call into Session. The Speaker or a majority of the members then elected (or appointed) and qualified of the House of Representatives may call the House of Representatives into session at any time to consider any impeachment matter. Rule 4706. Same; Procedure. The Speaker and any officer or committee acting under authority of this rule may follow any statutory procedure to the extent the same is not in conflict with the provisions of this rule, but nothing in this rule nor in any statute shall be deemed to constitute a waiver of any inherent powers of the House of Representatives. ARTICLE 49. REPRIMAND, CENSURE OR EXPULSION OF MEMBERS Rule 4901. Complaint. When any member of the House of Representatives desires to lodge a complaint against any other member of the House of Representatives, requesting that the member be reprimanded, censured or expelled for any misconduct, the complaining member shall file a written statement of such complaint with the chief clerk, and such complaint shall bear the signature of the complaining member. Rule 4902. Select Committee; Consideration of Complaint. Whenever any complaint has been filed under this rule, the Speaker shall appoint a select committee of six members for consideration thereof. The select committee shall be comprised equally of majority and minority party members. The select committee may dismiss the complaint after the inquiry or may set the matter for hearing. Reasonable notice and an opportunity to appear shall be afforded the member complained of at any hearing held hereunder. Any select committee meeting under authority of this section shall constitute an investigating committee under article 10 of chapter 46 of the Kansas Statutes Annotated and shall be authorized to meet and exercise compulsory process without any further authorization of any kind, subject, however, to limitations and conditions prescribed in article 10 of chapter 46 of Kansas Statutes Annotated. Upon completing its hearing the deliberations thereon, the select committee may dismiss the complaint or may make recommendations to the full House of Representatives for reprimand, censure or expulsion. Rule 4903. Action by House. Upon receiving any report under Rule 4902, the House of Representatives may, without further hearing or investigation, reprimand, censure or expel the member complained of. Reprimand, censure or expulsion of a member shall require a 2/3 majority vote of those members elected (or appointed) and qualified of the House of Representatives. On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, January 31, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+