KS
Kansas Senate Bill SB93

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB93 Compare Versions

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11 Session of 2023
22 SENATE BILL No. 93
33 By Committee on Federal and State Affairs
44 1-24
55 AN ACT concerning federal mandates; creating the constitution and
66 federalism defense act; establishing the joint commission on federalism
77 to evaluate the constitutionality of federal mandates; creating the
88 constitution and federalism defense fund.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. The provisions of sections 1 through 7, and amendments
1111 thereto, shall be known and may be cited as the constitution and federalism
1212 defense act.
1313 Sec. 2. The legislature declares that the authority for sections 1
1414 through 7, and amendments thereto, is the following:
1515 (a) The tenth amendment to the constitution of the United States
1616 guarantees to the states and their people all powers not granted to the
1717 federal government elsewhere in the constitution and reserves to the state
1818 and people of Kansas certain powers as they were understood at the time
1919 that Kansas was admitted to statehood in 1861. The guaranty of those
2020 powers is a matter of contract between the state and people of Kansas and
2121 the United States as of the time that the compact with the United States
2222 was agreed upon and adopted by Kansas in 1859 and the United States in
2323 1861.
2424 (b) The ninth amendment to the constitution of the United States
2525 guarantees to the people rights not granted in the constitution and reserves
2626 to the people of Kansas certain rights as they were understood at the time
2727 that Kansas was admitted to statehood in 1861. The guaranty of those
2828 rights is a matter of contract between the state and people of Kansas and
2929 the United States as of the time that the compact with the United States
3030 was agreed upon and adopted by Kansas in 1859 and the United States in
3131 1861.
3232 Sec. 3. As used in sections 3 through 7, and amendments thereto:
3333 (a) "Agency of the United States" means a department, agency,
3434 authority, commission, council, board, office, bureau or other
3535 administrative unit of the executive branch of the United States
3636 government.
3737 (b) "Commission" means the joint commission on federalism
3838 established in section 4, and amendments thereto.
3939 (c) "Federal governmental entity" means:
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7676 (1) The president of the United States;
7777 (2) the United States congress;
7878 (3)  an agency of the United States; or
7979 (4) an employee or official appointed by the president of the United
8080 States.
8181 (d) "Federal issue" means a matter relating to the federal
8282 government's dealings with the state.
8383 (e) "Federal law" means:
8484 (1) An executive order issued by the president of the United States;
8585 (2) a statute passed by the United States congress;
8686 (3) a regulation adopted by an agency of the United States; or
8787 (4) a policy statement, order, guidance or action by:
8888 (A) An agency of the United States; or
8989 (B) an employee or official appointed by the president of the United
9090 States.
9191 Sec. 4. (a) There is established the joint commission on federalism
9292 consisting of the following nine members:
9393 (1) The president of the senate, or a member of the senate appointed
9494 by the president, who shall serve as co-chairperson of the commission;
9595 (2) two members of the senate appointed by the president;
9696 (3) the speaker of the house of representatives, or a member of the
9797 house of representatives appointed by the speaker, who shall serve as co-
9898 chairperson of the commission;
9999 (4) three members of the house of representatives appointed by the
100100 speaker;
101101 (5) the minority leader of the senate or a member of the senate
102102 appointed by the minority leader; and
103103 (6) the minority leader of the house of representatives or a member of
104104 the house of representatives appointed by the minority leader.
105105 (b) All members of the joint commission on federalism shall serve for
106106 terms ending on the first day of the regular legislative session in odd-
107107 numbered years. On and after the first day of the regular legislative session
108108 in odd-numbered years, the joint commission shall organize upon call of
109109 one of the co-chairpersons. Any vacancy shall be filled by appointment in
110110 accordance with subsection (a).
111111 (c) A quorum of the joint commission shall be five. All actions of the
112112 joint commission shall be taken by a majority of all of the members of the
113113 joint commission.
114114 (d) The joint commission may meet at any time and at any place
115115 within the state on the call of one of the co-chairpersons, except the total
116116 number of meeting days each year shall not exceed nine unless additional
117117 meeting days are approved by the legislative coordinating council.
118118 (f) In accordance with K.S.A. 46-1204, and amendments thereto, the
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162162 legislative coordinating council may provide for such professional services
163163 as may be requested by the joint commission. Additionally, staff of the
164164 office of revisor of statutes, the legislative research department and the
165165 division of legislative administrative services shall provide assistance as
166166 may be requested by the joint commission.
167167 (g) Any member of the joint commission, when attending an
168168 authorized meeting of the commission, shall receive compensation and
169169 travel expenses and subsistence expenses or allowances as provided in
170170 K.S.A. 75-3212, and amendments thereto.
171171 Sec. 5. (a) In accordance with section 6, and amendments thereto, the
172172 joint commission on federalism may evaluate a federal law:
173173 (1) As agreed by a majority of the joint commission; or
174174 (2) submitted to the joint commission by the governor or a member of
175175 the legislature.
176176 (b) The joint commission may request information from a United
177177 States senator or representative elected from the state regarding a federal
178178 law under evaluation.
179179 (c) If the joint commission determines that a federal law is not
180180 authorized by the constitution of the United States or violates the principle
181181 of federalism as described in section 6, and amendments thereto, a co-
182182 chairperson of the joint commission may:
183183 (1) Request any of the following from a United States senator or
184184 representative elected from the state:
185185 (A) Information about the federal law being evaluated; or
186186 (B) assistance in communicating with a federal governmental entity
187187 regarding the federal law being evaluated;
188188 (2) give written notice that an evaluation is being made to the federal
189189 governmental entity responsible for adopting or administering the federal
190190 law being evaluated and request a response to the evaluation from the
191191 federal governmental entity by a specific date; and
192192 (3) request a meeting, conducted in person or by electronic means,
193193 with the federal governmental entity, a representative from another state or
194194 a United States senator or representative elected from the state to discuss
195195 the evaluation of federal law and any possible remedy.
196196 (d) The joint commission may recommend to the governor that the
197197 governor call a special session of the legislature to give the legislature an
198198 opportunity to respond to the joint commission's evaluation of a federal
199199 law.
200200 (e) A co-chairperson of the joint commission may correspond with
201201 the presiding officer of the legislative branch of another state or an entity
202202 of another state that has powers and duties that are similar to the joint
203203 commission to discuss and coordinate the evaluation of and response to
204204 federal law.
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248248 (f) The joint commission shall keep a current list on the legislature's
249249 website of any:
250250 (1) Federal law that the joint commission evaluates under this act;
251251 (2) action taken by a co-chairperson under this act;
252252 (3) coordination undertaken with another state under section 7, and
253253 amendments thereto; and
254254 (4) response received from a federal government entity that was
255255 requested under this act.
256256 (g) The joint commission shall submit a report on or before January
257257 15 of each year to the standing committees on federal and state affairs of
258258 the senate and the house of representatives that:
259259 (1) Describes any action taken by the joint commission or a co-
260260 chairperson under this act; and
261261 (2) includes any proposed legislation the joint commission
262262 recommends.
263263 Sec. 6. (a) The joint commission on federalism shall evaluate whether
264264 a federal law evaluated under section 5, and amendments thereto, is
265265 authorized by:
266266 (1) Article I, section 2 of the constitution of the United States to
267267 provide for the decennial census;
268268 (2) article I, section 4 of the constitution of the United States to
269269 override state laws regulating the times, places and manner of
270270 congressional elections, other than the place of senatorial elections;
271271 (3) article I, section 6 of the constitution of the United States to fix
272272 the pay of members of congress;
273273 (4) article I, section 7 of the constitution of the United States to veto
274274 bills, orders and resolutions by congress;
275275 (5) article I, section 8 of the constitution of the United States to:
276276 (A) Lay and collect taxes, duties, imposts and excises, to pay the
277277 debts and provide for the common defense and general welfare of the
278278 United States, but all duties, imposts and excises shall be uniform
279279 throughout the United States;
280280 (B) borrow money on the credit of the United States;
281281 (C) regulate commerce with foreign nations, among the several states
282282 and with the Indian tribes;
283283 (D) establish a uniform rule of naturalization and uniform laws on the
284284 subject of bankruptcies throughout the United States;
285285 (E) coin money, regulate the value of coin money and of foreign coin
286286 and fix the standard of weights and measures;
287287 (F) provide for the punishment of counterfeiting the securities and
288288 current coin of the United States;
289289 (G) establish post offices and post roads;
290290 (H) promote the progress of science and useful arts by securing for
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334334 limited times to authors and inventors the exclusive right to their
335335 respective writings and discoveries;
336336 (I) constitute tribunals inferior to the supreme court;
337337 (J) define and punish piracies and felonies committed on the high
338338 seas and offenses against the law of nations;
339339 (K) declare war, grant letters of marque and reprisal and make rules
340340 concerning captures on land and water;
341341 (L) raise and support armies, but no appropriation of money to that
342342 use shall be for a longer term than two years;
343343 (M) provide and maintain a navy;
344344 (N) make rules for the government and regulation of the land and
345345 naval forces;
346346 (O) provide for calling forth the militia to execute the laws of the
347347 union, suppress insurrections and repel invasions;
348348 (P) provide for organizing, arming and disciplining the militia, and
349349 for governing the part of the militia that may be employed in the service of
350350 the United States, reserving to the states respectively, the appointment of
351351 the officers and the authority of training the militia according to the
352352 discipline prescribed by congress;
353353 (Q) exercise exclusive legislation in all cases whatsoever, over such
354354 district, not exceeding 10 miles square, as may, by cession of particular
355355 states and the acceptance of congress, become the seat of the government
356356 of the United States, and to exercise like authority over all places
357357 purchased by the consent of the legislature of the state in which the place
358358 shall be, for the erection of forts, magazines, arsenals, dock-yards and
359359 other needful buildings; or
360360 (R) make all laws which shall be necessary and proper for carrying
361361 into execution the powers listed in this section, and all other powers vested
362362 by the constitution of the United States in the government of the United
363363 States, or in any department or officer of the United States;
364364 (6) article I, section 9 of the constitution of the United States to
365365 authorize a federal officer to receive benefits from a foreign nation;
366366 (7) article II, section 1 of the constitution of the United States to:
367367 (A) Set the time for choosing electors; or
368368 (B) establish who succeeded to the presidency after the vice
369369 president;
370370 (8) article II, section 2 of the constitution of the United States to:
371371 (A) Serve as commander-in-chief of the armed forces;
372372 (B) require the written opinions of executive officers;
373373 (C) grant reprieves and pardons;
374374 (D) make vacancy appointments;
375375 (E) make treaties, subject to the advice and consent of the United
376376 States senate;
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420420 (F) appoint foreign affairs officers subject to the advice and consent
421421 of the United States senate;
422422 (G) appoint domestic affairs officers subject either to the advice and
423423 consent of the United States senate or pursuant to law;
424424 (H) appoint judges subject to the advice and consent of the United
425425 States senate; or
426426 (I) authorize the president to fill designated inferior offices without
427427 senatorial consent;
428428 (9) article II, section 3 of the constitution of the United States to:
429429 (A) Receive representatives of foreign powers;
430430 (B) execute the laws;
431431 (C) commission United States officers;
432432 (D) give congress information;
433433 (E) make recommendations to congress;
434434 (F) convene congress on extraordinary occasions; or
435435 (G) adjourn congress if it cannot agree on a time;
436436 (10) article III, section 2 of the constitution of the United States to:
437437 (A) Create exceptions to the supreme court's appellate jurisdiction; or
438438 (B) fix the jurisdiction of federal courts inferior to the supreme court;
439439 (11) article III, section 3 of the constitution of the United States to
440440 declare the punishment for treason;
441441 (12) article IV, section 1 of the constitution of the United States to
442442 establish the rules by which the records and judgments of states are proved
443443 in other states;
444444 (13) article IV, section 3 of the constitution of the United States to:
445445 (A) Manage federal property;
446446 (B) dispose of federal property;
447447 (C) govern the federal territories; or
448448 (D) consent to admission of new states or the combination of existing
449449 states;
450450 (14) article IV, section 4 of the constitution of the United States to
451451 defend states from invasion, insurrection and guarantee a republican form
452452 of government;
453453 (15) article V, section 1 of the constitution of the United States to
454454 propose constitutional amendments;
455455 (16) article VI, section 1 of the constitution of the United States to
456456 prescribe the oath for federal officers;
457457 (17) the thirteenth amendment to the constitution of the United States
458458 to abolish slavery;
459459 (18) the fourteenth amendment to the constitution of the United States
460460 to guard people from certain state abuses;
461461 (19) the sixteenth amendment to the constitution of the United States
462462 to impose taxes on income from any source without having to apportion
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506506 the total dollar amount of tax collected from each state according to each
507507 state's population in relation to the total national population;
508508 (20) the twentieth amendment to the constitution of the United States
509509 to revise the manner of presidential succession;
510510 (21) the fifteenth, nineteenth, twenty-third or twenty-fourth
511511 amendment to the constitution of the United States to extend and protect
512512 the right to vote; or
513513 (22) the seventeenth amendment to the constitution of the United
514514 States to grant a pay raise to a sitting congress.
515515 (b) The joint commission shall evaluate whether a federal law
516516 evaluated under section 5, and amendments thereto, violates the principle
517517 of federalism by:
518518 (1) Affecting the distribution of power and responsibility among the
519519 state and national government;
520520 (2) limiting the policymaking discretion of the state;
521521 (3) impacting a power or a right reserved to the state or its citizens by
522522 the ninth or tenth amendment to the constitution of the United States; or
523523 (4) impacting the sovereignty rights and interest of the state or a
524524 political subdivision to provide for the health, safety and welfare and
525525 promote the prosperity of the state's or political subdivision's inhabitants.
526526 (c) In the evaluation of a federal law, the joint commission:
527527 (1) Shall rely on:
528528 (A) The text of the constitution of the United States and any
529529 amendments thereto;
530530 (B) the meaning of the text of the constitution of the United States
531531 and any amendments thereto, at the time the constitution of the United
532532 States and any amendments thereto were drafted and ratified; and
533533 (C) a primary source document that:
534534 (i) Is directly relevant to the drafting, adoption, ratification or initial
535535 implementation of the constitution of the United States and any
536536 amendments thereto; or
537537 (ii) was created by a person directly involved in the drafting,
538538 adoption, ratification or initial implementation of the constitution of the
539539 United States and any amendments thereto;
540540 (2) may rely on other relevant sources, including federal court
541541 decisions; and
542542 (3) is not bound by any holding issued by a federal court, except the
543543 United States supreme court.
544544 Sec. 7. (a) The joint commission on federalism shall develop
545545 curriculum for a seminar on the principles of federalism. The curriculum
546546 shall be available to the general public and include:
547547 (1) Fundamental principles of federalism;
548548 (2) the sovereignty, supremacy and jurisdiction of the individual
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592592 states, including the police powers of the states;
593593 (3) the history and practical implementation of the tenth amendment
594594 to the constitution of the United States;
595595 (4) the authority and limits on the authority of the federal government
596596 as found in the constitution of the United States;
597597 (5) the relationship between the state and federal governments;
598598 (6) methods of evaluating a federal law in the context of the
599599 principles of federalism;
600600 (7) how and when challenges should be made to a federal law or
601601 regulation on the basis of federalism;
602602 (8) the separate and independent powers of the state that serve as a
603603 check on the federal government;
604604 (9) rights and freedoms contained in the first amendment to the
605605 constitution of the United States; and
606606 (10) any other issues relating to federalism the joint commission
607607 considers necessary.
608608 (b) The joint commission may apply for and receive grants and
609609 receive private donations to assist in funding the creation, enhancement
610610 and dissemination of the curriculum. All moneys received by or for the
611611 joint commission or any member thereof for such purposes shall be
612612 remitted to the state treasurer in accordance with the provisions of K.S.A.
613613 75-4215, and amendments thereto. Upon receipt of each such remittance,
614614 the state treasurer shall deposit the entire amount in the state treasury and
615615 credit such amount to the constitution and federalism defense fund
616616 established by subsection (d).
617617 (c) Every state agency and political subdivision of this state shall
618618 designate at least one employee of such entity as the individual to which
619619 all questions and inquiries regarding federalism shall be directed. The
620620 designated employee shall be required to attend a seminar on the principles
621621 of federalism at least once every two years. The designated employee may
622622 complete the requirements of this section by attending a seminar in person
623623 or online.
624624 (d) There is hereby established in the state treasury the constitution
625625 and federalism defense fund to be administered by the legislative
626626 coordinating council. All expenditures from the constitution and
627627 federalism defense fund shall be made for the purposes described in
628628 subsection (b) and in accordance with appropriation acts upon warrants of
629629 the director of accounts and reports issued pursuant to vouchers approved
630630 by the chairperson of the legislative coordinating council or by an
631631 individual designated by the chairperson.
632632 Sec. 8. This act shall take effect and be in force from and after its
633633 publication in the statute book.
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