an overview on how bills become law within the kansas legislature august 6, 2014 col. richard powell...
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AN OVERVIEW ON HOW BILLS BECOME LAW WITHIN THE KANSAS LEGISLATURE
AUGUST 6, 2014
COL. RICHARD POWELL
SEDGWICK COUNTY SHERIFF’S OFFICE
Civics 101What Every LEO Needs to
Know
Do we really need to know?
As law enforcement administrators and officers, many bills are introduced on an annual basis that affect how we do business
Many law enforcement agencies across the state closely monitor legislative activities during session.
All three professional LE organizations (KSA, KACP and KPOA) are heavily involved annually
Ed Klumpp is legislative lobbyist for all three and maintains a very informative website for Kansas law enforcement; http://www.kslawenforcementinfo.com/
Varied 2014 bills that became law
HB2389-Search and Arrest Warrant AffidavitsHB2578-Felons in Possession of WeaponsHB2578-Firearms in Vehicles and Open CarrySB329-Juvenile Statute of LimitationsHB2655-Interference with Law EnforcementHB2578-Disposal of Seized WeaponsHB2140-Off Duty and LEOSA Carrying of
FirearmHB2023-Work Comp for Heart Attack/StrokeSB256-Out of State Bond Agents
Your Professional Organizations
KACP-Kansas Association of Chiefs of Police http://www.kacp.cc/
KSA-Kansas Sheriff’s Association http://www.kacp.cc/committees.php#legis
KPOA-Kansas Peace Officers Associationhttp://kpoa.org/
Moving on… A Summary of Legislative Procedures
There are seven basic steps a bill passes through before it becomes law. Introduction and Reference of Bills Consideration by Standing Committee Consideration by Committee of the Whole Final Passage Action by the Second House Action by the Governor Publication of Laws
Introduction and Reference of Bills
The introduction of a bill constitutes its formal presentation to the House of Representatives or Senate
The title of the bill is read and the bill is printed for general distribution
Either on the day of introduction or on the next legislative day, the bill is referred to a committee
Consideration by Standing Committee
The committee meets, holds hearings and discusses the bill
The committee formulates recommendations and prepares a committee report for submission to the House or Senate
Consideration by the Committee of the Whole
If reported favorably, the bill goes to the next Committee of the Whole under the heading of General Orders
Eventually the bill may be debated and recommended for passage with or without amendments
Any member of the House or Senate may offer amendments and speak for or against the bill
Final Passage
If recommended for passage by the Committee of the Whole, the bill is placed on the calendar under the heading of Final Action
A roll call vote is taken to determine if the bill will be passed by the House
To pass the body, the bill must receive a majority vote of all elected (or appointed) and qualified members
Action by Second House
Having passed the first house, the bill is sent to the second house where the same procedure as before is followed
If the second house passes the bill without amendment, it is enrolled (printed in it’s final form) for consideration by the Governor
If the second house amends the bills and the first house concurs, the bill also is considered finally passed
Action by Second House
If the first house disagrees with the amendment, a conference committee usually is appointed to work out an agreement
When both houses have approved the report of the conference committee by a majority of all members on a roll call vote, the bill is considered finally passed
Action by the Governor
Within 10 days after passage, the bill must be signed by the presiding officers of each house, the Chief Clerk of the House and the secretary of the Senate, and be presented to the Governor
The Governor has 10 days after receipt of the bill to act on it
If the Governor does not act on it during the 10 day period, the bill automatically becomes law
Action by the Governor
Most bills passed by the Legislature are approved by the Governor
The Governor may veto a bill by refusing to sign it and returning it to the house in which the bill originated, together with a statement of the reasons for the veto
In appropriation bills only, the Governor may veto some items and approve the others by signing the bill
The Legislature may pass a bill over the Governor’s veto by a two-thirds vote of the elected (or appointed) and qualified members of each of the houses
Publication of Laws
An act of the Legislature is not in force until the enacting bill has been published so that the public has proper notice that it is law
Publication notice occurs in the Session Laws (on or before July 1) unless the Legislature desires the law to take effect sooner
This event is printed in the Kansas Register Published weekly by the Secretary of State It contains a variety of information regarding
activities of state government required by law to be noticed or incorporated therein
So what is “the Legislature”?
A 125 member House of Representatives Elected for a two-year term
A 40 member Senate Elected for a four-year term
Terms begin on the second Monday in January of the odd numbered year following the election
The maximum membership as authorized by the Kansas Constitution
House and Senate districts must be redrawn every 10 years (the years ending in 2) to equalize district population
Districts are based on most recent federal census with adjustments for nonresident students and military
So what is “the Legislature”?
Pre-organizational Meeting
In the even numbered years members of either house are elected, a pre-organizational meeting is held on the first Monday in December
The Secretary of State calls the roll of the House or Senate from a list of certified members-elect
Party caucuses are held to select members for legislative leadership offices.
Pre-organizational Meeting
In the House, these officers are the Speaker, the Speaker Pro-Tem, Majority Leader, Minority Leader, and other party officers
In the Senate, these officers are the President, Vice- President, Majority Leader, Minority Leader, and other party officers
Election of Leaders
Each house ratifies the decision made by the party caucuses at the pre-organizational meetings
By constitutional requirement, the elected organizational structure of the House and Senate is for the duration of the term of the members
The usual practice in successive sessions, until the terms of it’s members expire, is for each house to continue the same organizational structure by formally adopting a resolution to that effect
Rules
As defined by the state Constitution, each house determines its own rules and the two houses may adopt joint rules
These rules are normally adopted near the beginning of the legislative session following an election of members
The rules are subject to suspension, amendment, or revocation
Rules
In cases where of the house or the joint rules do not apply, the Senate rule provides that Robert’s Rules of Order Newly Revised governs, while the House rule defers to Mason’s Manual of Legislative Procedure
In the House, rules are adopted or changed by resolution which requires an affirmative vote of a majority of the elected (or appointed) members
In the Senate, changes in the rules generally require a majority vote of the elected (or appointed) members
Rules
The joint rules are adopted by concurrent resolution approved by a majority of the elected (or appointed) qualified members of each house
These rules expire at the conclusion of the terms of the house members
This means that the rules at a minimum, must be adopted in each regular session that commences in the odd numbered years
Presiding Officers
The presiding officer of the Senate is the PresidentThe presiding officer of the House is the SpeakerThese are the only two legislative leadership
positions required by the state ConstitutionThe House and Senate rules prescribe most of the
powers and duties of these officers, however some of the duties are statutory
The practice is that a member of the majority is elected President or Speaker
By statute this election is the first order of business following the oath of office, before rules are adopted
Presiding Officers
In both houses, a member is elected to preside when the regular presiding officer is not in the chair
In the Senate, this member is the Vice-PresidentIn the House, this member is the Speaker Pro TemBoth members are nominated by the party caucus
of the majority and formally elected on the first day.
These officers preside in place of the President or Speaker when the Senate or House is meeting as such
Duties of Presiding Officers
The duties of the presiding officers of each house are similar, although there are several important differences
Both the President and the Speaker or in their place, the Vice President of the Senate or Speaker Pro Tem of the House, call the houses to order during scheduled meetings and ensure the proper order of business is followed according to the rules and items on the legislative calendar
Duties of Presiding Officers
They are responsible for recognizing members who wish to make motions, present points of order, make inquiries, or participate in debate, and the Speaker and the President also must sign all bills passed
In the House, the Speaker appoints the standing and other committees and refers bills and resolutions to the appropriate committees
In the Senate, the Committee on Organization, Calendar and Rules appoints members of the standing committees
Duties of Presiding Officers
The Senate President refers bills to committees and appoints members of special and select committees and conference committees
These officers also have certain administrative and housekeeping responsibilities incidental to the operation of the Legislature
Other Legislative Officers
Although the rules do not expressly provide for their selection, each house has a majority and minority leader and other party officers who are selected by the respective caucuses
These persons play an important role in organizing and coordinating the activities of their party members with regard to items under consideration by the house
Other Legislative Officers
The rules of the Senate and House establish four main nonmember offices
1-Secretary of the Senate Major clerical responsibility for the Senate
2-Chief Clerk of the House Major clerical responsibility for the House
Sergeant of Arms for each house Preserves order in and around the legislative chambers
These are appointed/removed by the President/Speaker
Other Legislative Officers
The Senate authorizes the following assistants to the Secretary Assistant secretary of the Senate Journal clerks Calendar clerks Enrolling clerks Bill status clerk Reading clerk Bill clerk
Other Legislative Officers
In the House, the Chief Clerk appoints and supervises additional clerks and personnel
The assistant sergeants-at-arms of the Senate and House serve under the supervision of the sergeant-at-arms but may be removed by the President or Speaker
All doorkeepers are assistant sergeant-at-armsEach house also appoints a chaplain to offer
prayer at the start of each sessionSenators are permitted to select their own
private secretaries
Limitations on Conduct of Non-legislators
To maintain order and void confusion on the floor while the houses are in session, rules have been established to limit access by non-legislatures to the floor and control the distribution of materials to the members
The Senate rule prohibits admission of persons other than senators to the floor, except elective state officers, friends of senators, former senators, those with an invitation signed by the President, legislative branch employees, certain members of the media, and those invited by Senate resolution
Limitations on Conduct of Non-legislators
The House permits admission to legislators, officers and employees of the legislative branch, and others having permits from the Speaker
Registered lobbyists are explicitly excluded from access to the floor during a session
Both houses prohibit persons in the galleries from using telephones or video equipment
Also in both houses, no unapproved items or materials may be placed on a members desk
A Senate rule also forbids occupancy of a senators chair by another without prior approval of said senator
Committees
The general public has access to the legislative process through its elected senators and representatives
It should be understood, though, that the Legislature’s committee system provides a very important forum for communication of citizen views directly into the legislative process
Standing Committees
16 Standing Committees in the Senate The Committee on Organization, Calendar, and Rules
appoints the other standing committees and designates a chairperson, vice-chairperson, and ranking minority member
24 Standing Committees in the House The Speaker appoints the other standing committees
and designates a chairperson, vice-chairperson, and ranking minority member
House and Senate standing committees sometimes utilize subcommittees for temporary assignments
Standing Committees
Subcommittees are designated by the committee chairperson
The selection of subcommittees is addressed by the rules only in the House
Most standing committees are created for the purpose of considering proposed legislation and reporting recommendation thereon
As measured by the number of bills assigned to them, some standing committees traditionally have a much higher workload than others (judiciary and appropriations/ ways and means)
Standing Committees
The number of bills assigned to a standing committee can vary greatly from year to year
Standing committees generally meet at a regular time and place each day, with the actual number of meetings determined by their workload
A chairperson may call a meeting of the committee at any time. Oral announcements of meetings are common to meet deadlines late in the session
Each committee has a secretary who attends all meetings, coordinates materials, keeps minutes, records persons appearing to offer testimony and action taken
Select (Special) Committees
Created by resolution or announcement by the Speaker or President
The Speaker, President, or Legislative Coordinating Council appoint select committees and name the chairperson.
Select committees are normally assigned a particular matter to review or investigate and cease to exist after their function has been served and when a final report has been issued
Statutory Committees
All statutory committees are designated as joint committees and composed of members from both houses
Many statutory committees are “permanent” and never expire, but some are created for a specific purpose and time frame
Some statutory committees may contain both legislators and non-legislators
Statutory committees meet throughout the year, but mostly during interim periods
Legislative Session
In November, 1966 a constitutional amendment provided for annual general sessions
Odd numbered years were of unlimited duration
Even numbered years were limited to 60 day sessions unless a 2/3 vote extended the session
In 1974,a new constitutional amendment extended the duration of even numbered years to 90 days unless extended by a 2/3 vote
Legislative Session
The session convenes on the first Monday of January and schedules an adjournment in early April with a “wrap up” in the latter part of the month
The Governor may call a special session of the Legislature whenever he believes it is warranted Requires a petition with a 2/3 membership approval
The special session usually covers one or two distinct items but can address any matter brought to the table
Credits
Ed Klumpp, Lobbyist for KACP, KSA, and KPOA
http://www.kslawenforcementinfo.com/
Kansas Legislature websitehttp://www.kslegislature.org
Credits
Schoolhouse Rock, A Disney Educational Production
https://www.youtube.com/watch?feature=player_detailpage&v=tyeJ55o3El0
https://www.youtube.com/watch?v=tyeJ55o3El0
Contact Information
Col. Richard Powell, Chief DeputySedgwick County Sheriff’s Office141 W. ElmWichita, Ks, 67203316-660-3900 office316-660-3248 [email protected] emailwww.sedgwickcounty.org/sheriff web