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SENATE BILL No. 105
AN A CT concerning the offices of United States senator, state treasurer and the
commissioner of insurance; relating to the filling of vacancies in such offices;
requiring the appointment of a person of the same political party as the incumbent;
requiring the legislature to nominate three persons for consideration for such
appointment and that the governor appoint one of the nominated persons; establishing
the joint committee on vacancy appointments; amending K.S.A. 25-101b and 40-106
and repealing the existing sections; also repealing K.S.A. 25-318.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Upon a vacancy occurring in the office of
United States senator from this state, the governor shall make a
temporary appointment to fill such vacancy until a successor is elected
and qualified. Such temporary appointment shall be made in
accordance with the provisions of sections 2 through 4, and
amendments thereto. Within three calendar days after receiving a
concurrent resolution adopted pursuant to section 4, and amendments
thereto, or a report submitted pursuant to section 3, and amendments
thereto, the governor shall appoint one of the three persons
recommended as candidates in such concurrent resolution or report to
temporarily fill such vacancy. Except as otherwise provided, at the time
of the next election of representatives in congress immediately
following such vacancy, such vacancy shall be filled by election and
the senator so elected shall take office upon receiving such senator's
certificate of election. If the vacancy occurs on or after May 1 in an
even-numbered year, then such vacancy shall be filled by election at the
election of representatives in congress held two years following the
year in which such vacancy occurs.
(b) No person shall be appointed pursuant to this act unless such
person is a resident of this state and shall have been registered with the
same political party for the immediately preceding six years as that of
the United States senator elected at the immediately preceding election
for such office. If the United States senator elected at the immediately
preceding election for such office was not registered with any political
party, then any suitable person who is a resident of this state may be
appointed pursuant to sections 2 through 4, and amendments thereto.
(c) No person appointed pursuant to subsection (a) shall take
office unless such appointment is certified by the secretary of state to
the United States senate. The secretary shall not certify any person as
being appointed to fill a vacancy in the office of United States senator
unless such person is appointed in accordance with this section.
New Sec. 2. (a) Except as otherwise provided, within 10 calendar
days of a vacancy occurring in the office of United States senator, the
office of state treasurer or the office of the commissioner of insurance,
the joint committee on vacancy appointments shall be established by
appointment of the members of the joint committee. The joint
committee shall consist of 12 members as follows:
(1) The president of the senate, or a member of the senate
designated by the president;
(2) one member of the senate appointed by the president;
(3) the speaker of the house of representatives, or a member of the
house of representatives designated by the speaker;
(4) one member of the house of representatives appointed by the
speaker;
(5) two members of the senate appointed by the majority leader of
the senate;
(6) two members of the house of representatives appointed by the
majority leader of the house of representatives;
(7) one member of the senate appointed by the vice president of
the senate;
(8) one member of the house of representatives appointed by the
SENATE BILL No. 105—page 2
speaker pro tem of the house of representatives;
(9) one member of the senate appointed by the minority leader of
the senate; and
(10) one member of the house of representatives appointed by the
minority leader of the house of representatives.
(b) Of the members named or appointed under subsection s (a)(1),
(a)(2), (a)(5) and (a)(7), each of this state's congressional districts shall
be represented by at least one such member who shall be a resident
thereof. Of the members named or appointed under subsection s (a)(3),
(a)(4), (a)(6) and (a)(8), each of this state's congressional districts shall
be represented by at least one such member who shall be a resident
thereof.
(c) The joint committee on vacancy appointments shall not be
established when a vacancy occurs less than 90 calendar days prior to
December 31 in any year in which a general election for such office is
held, unless the person vacating such office was elected to such office
at such general election and was an incumbent in such election.
(d) The president of the senate, or the president's designee, shall
be the chairperson of the joint committee and the speaker of the house
of representatives, or the speaker's designee, shall be the vice
chairperson. The vice chairperson shall exercise all the powers of the
chairperson in the absence of the chairperson.
(e) The joint committee on vacancy appointments shall meet at
any time and at any place within the state on call of the chairperson.
Members of the joint committee shall receive compensation and travel
expenses and subsistence expenses or allowances as provided in K.S.A.
75-3212, and amendments thereto, when attending meetings of such
committee.
(f) The first meeting of the joint committee shall be held within 30
calendar days of a vacancy occurring in the office of United States
senator, the office of state treasurer or the office of the commissioner of
insurance.
New Sec. 3. (a) The joint committee on vacancy appointments
shall review candidates to fill the vacancy described in section 2, and
amendments thereto. Such review shall include verifying that such
candidate satisfies federal and state requirements to hold such office
and to be appointed to fill a vacancy in such office. The joint committee
shall conduct one or more public hearings and shall grant each
candidate an opportunity to be heard before the joint committee.
(b) If the vacancy occurs during a regular session of the
legislature, or occurs when the legislature is not in regular session but a
special session of the legislature is called within five calendar days
after such vacancy occurs, then, within 30 calendar days after the first
meeting of the joint committee , the joint committee shall introduce a
concurrent resolution in each house recommending three persons as
candidates to fill the vacancy.
(c) If the joint committee concludes its public hearings while the
legislature is not in regular or special session, then , within 30 calendar
days after the first meeting of the joint committee, the joint committee
shall submit a report to the governor recommending three persons as
candidates to fill the vacancy.
(d) No member of the joint committee shall be recommended as a
candidate to fill the vacancy.
New Sec. 4. (a) Each house shall consider any concurrent
resolution that is introduced pursuant to section 3, and amendments
thereto, within 10 days and shall either adopt such resolution or direct
the joint committee to reconvene to reconsider candidates to fill the
vacancy.
(b) When directed to do so by the legislature, the joint committee
SENATE BILL No. 105—page 3
shall reconvene and act in accordance with section 3, and amendments
thereto. When introducing any second or subsequent resolution, the
joint committee may recommend one or more of the candidates who
were recommended in any prior resolution.
Sec. 5. K.S.A. 25-101b is hereby amended to read as follows: 25-
101b. (a) At the general election held in 1978 and each four (4) years
thereafter, there shall be elected a treasurer for the state of Kansas,
whose term of office shall be four (4) years beginning on the second
Monday in January next succeeding such treasurer's election. In case of
a vacancy in such office, within three calendar days after receiving a
concurrent resolution adopted pursuant to section 4, and amendments
thereto, or a report submitted pursuant to section 3, and amendments
thereto, the governor shall appoint some suitable person one of the
three persons recommended as candidates in such concurrent
resolution or report to serve for the unexpired term and until a
successor is elected and qualified. No person shall be appointed
pursuant to this section unless such person is a resident of this state
and shall have been registered with the same political party for the
immediately preceding six years as that of the state treasurer elected at
the immediately preceding election for such office. If the state treasurer
elected at the immediately preceding election for such office was not
registered with any political party, then any suitable person who is a
resident of this state may be appointed pursuant to sections 2 through
4, and amendments thereto.
(b) No person appointed pursuant to subsection (a) shall take
office unless such appointment is certified by the secretary of state. The
secretary shall not certify any person as being appointed to fill a
vacancy in the office of treasurer for the state of Kansas unless such
person is appointed in accordance with this section.
Sec. 6. K.S.A. 40-106 is hereby amended to read as follows: 40-
106. (a) At the general election held in 1978 and each four (4) years
thereafter, there shall be elected a commissioner of insurance for the
state of Kansas, whose term of office shall be four (4) years beginning
on the second Monday in January next succeeding such commissioner's
election. In case of a vacancy in such office, within three calendar days
after receiving a concurrent resolution adopted pursuant to section 4,
and amendments thereto, or a report submitted pursuant to section 3,
and amendments thereto, the governor shall appoint some suitable
person one of the three persons recommended as candidates in such
concurrent resolution or report to serve for the unexpired term and
until a successor is elected and qualified. No person shall be appointed
pursuant to this section unless such person is a resident of this state
and shall have been registered with the same political party for the
immediately preceding six years as that of the commissioner of
insurance elected at the immediately preceding election for such office.
If the commissioner of insurance elected at the immediately preceding
election for such office was not registered with any political party, then
any suitable person who is a resident of this state may be appointed
pursuant to sections 2 through 4, and amendments thereto.
(b) No person appointed pursuant to subsection (a) shall take
office unless such appointment is certified by the secretary of state. The
secretary shall not certify any person as being appointed to fill a
vacancy in the office of commissioner of insurance for the state of
Kansas unless such person is appointed in accordance with this
section.
New Sec. 7. The provisions of sections 1 through 4, and
amendments thereto, and K.S.A. 25-101b and 40-106, as amended by
this act, are severable. If any portion of such provisions is declared
unconstitutional or invalid, or the application of any portion of such
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provisions to any person or circumstance is held unconstitutional or
invalid, the invalidity shall not affect other portions of such provisions
that can be given effect without the invalid portion or application, and
the applicability of such other portions of such provisions to any person
or circumstance shall remain valid and enforceable.
Sec. 8. K.S.A. 25-101b, 25-318 and 40-106 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.