SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 229
As Passed Without Recommendation by Senate
Committee on Legislative Modernization
Brief*
House Sub. for SB 229 would establish a nine-member
Legislative Compensation Commission (Commission)
consisting of individuals who are not members of the
Legislature, legislative employees, or registered lobbyists.
Among other things, the Commission would be authorized to
study compensation, salary, and retirement benefits of
legislative members, make recommendations on legislator
retirement benefits, and set compensation rates for
legislators. The bill would also provide a process for
appointment to the Commission, an initial legislator
compensation study, initial compensation changes, and a
method for the Legislature to reject the compensation rate set
by the Commission.
The bill would be in effect upon publication in the
Kansas Register.
Commission Composition and Appointment
The Commission would be composed of nine members,
who are not current legislators, legislative staff, or registered
lobbyists. Members would be appointed in the following
manner:
●One former legislator by the Speaker of the House
of Representatives (House);
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org ●One former legislator by the Senate President;
●One member by the Speaker Pro Tem of the
House;
●One member by the Senate Vice President;
●One member by the House Majority Leader;
●One member by the Senate Majority Leader;
●One member by the House Minority Leader;
●One member by the Senate Minority Leader; and
●One member by the Governor.
All initial members, excluding the member appointed by
the Speaker of the House, would be appointed by September
1, 2023.
The bill would require the initial member appointed by
the Speaker of the House to be appointed prior to August 1,
2023. Additionally, this appointee would serve as the
Commission’s first chairperson, and the initial member
appointed by the Senate President would serve as the first
vice-chairperson.
The bill would require the subsequent chairperson to be
appointed by the Senate President prior to August 1, 2026,
and the vice-chairperson to be appointed by the Speaker of
the House prior to September 1, 2026. The bill would require
new members of the Commission to be appointed in 2026
and every four years after. After 2026, the bill would allow for
the chairperson and vice-chairperson appointments to
alternate between the House Speaker and Senate President,
beginning with the House Speaker appointing the
Commission chairperson. In each year a new commission is
appointed, the bill would require the chairperson to be
2- 229 appointed by August 1 and the vice-chairperson to be
appointed by September 1.
Any vacancy would be filled in the same manner as the
original appointment, and members could be reappointed. A
member’s term would last until the Commission has
completed its responsibilities to study legislative pay, set a
compensation rate, and make recommendations related to
retirement benefits.
Powers, Duties, and Responsibilities
The Commission would be authorized to:
●Study the compensation, salary, and retirement
benefits of legislators;
●Set the rates of compensation and salary for
members of the Legislature; and
●Make recommendations related to legislator
retirement benefits.
Commissions appointed in 2026 and after would be
required to set the rate of compensation for legislators for the
four-year period commencing on the first day of the next
commencing terms of office of elected Senators by December
1 of the calender year after the Commission’s appointment.
The bill would require the Commission appointed in
2023 to establish a rate of compensation and salary by
December 1, 2023, for legislators for a four-year period
starting on the first day of the 2025 Legislative Session.
Compensation Rate Rejection Process
The compensation rate and salary established by the
Commission would become the rate of compensation and
salary for legislators unless the Legislature rejects the rates
3- 229 via adoption of a concurrent resolution no later than 30 days
after the start of a legislative session immediately following
the submission of the rates. The concurrent resolution could
contain a requirement for the Commission to meet within 14
days of the concurrent resolution’s adoption and submit
another compensation rate prior to 30 days after adoption of
the concurrent resolution. The Legislature would have until
Sine Die to reject the second submitted compensation rate. If
the second compensation rate is also rejected, the most
current rate would remain in effect.
Meetings, Quorum, and Commission Compensation
The bill would allow the Commission to meet upon call
of the chairperson, and would define a quorum as a majority
of the members of the Commission (five). Commission
members would be eligible for compensation, allowance, and
mileage as provided by current law.
Background
The House Committee on Legislative Modernization
recommended a substitute bill incorporating the provisions of
HB 2448, as amended by the House Committee, regarding
establishment of the Legislative Compensation Commission.
HB 2448 was introduced by the House Committee on
Appropriations at the request of the Wichita Regional
Chamber of Commerce.
SB 229 was introduced by the Senate Committee on
Commerce at the request of Senator O’Shea. As introduced,
the bill would have authorized issuance of a City of Topeka
license plate. [Note: These provisions were not retained in the
substitute bill.]
4- 229 HB 2448—Legislative Compensation Commission
House Committee on Legislative Modernization
In the House Committee hearing, proponent testimony
was provided by a representative of the Wichita Regional
Chamber of Commerce indicating legislative services should
not result in financial wealth or extreme financial hardship,
and the bill would allow for a more representative democracy.
Written-only proponent testimony was provided by the
Kansas Contractors Association indicating the bill would allow
for a mechanism to study current legislator compensation and
prevent conflicts of interest when establishing such
compensation.
The House Committee amended the bill to:
●Clarify certain appointments, Commission
responsibilities, and legislative action for 2026 and
after; and
●Add the term salary where appropriate.
The House Committee then removed the contents of SB
229, which originally related to issuance of City of Topeka
license plates; inserted the contents of HB 2448, as
amended; and recommended a substitute bill be passed.
Fiscal Information
HB 2448 (Legislative Compensation Commission)
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, Legislative
Administrative Services indicates enactment of the bill would
require $18,830 from the State General Fund for Commission
member compensation in years when the Commission would
convene. Any fiscal effect associated with enactment of the
bill is not reflected in the FY 2024 Governor’s budget report.
Legislative Compensation; Legislature; Commission
5- 229