Kansas 2025-2026 Regular Session

Kansas Senate Bill SB105 Compare Versions

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Version 2 (New)

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	1	+	Session of 2025
1	2		SENATE BILL No. 105
2		-	AN ACT concerning the offices of United States senator, state treasurer and the
3		-	commissioner of insurance; relating to the filling of vacancies in such offices;
4		-	requiring the appointment of a person of the same political party as the incumbent;
5		-	requiring the legislature to nominate three persons for consideration for such
6		-	appointment and that the governor appoint one of the nominated persons; establishing
7		-	the joint committee on vacancy appointments; amending K.S.A. 25-101b and 40-106
8		-	and repealing the existing sections; also repealing K.S.A. 25-318.
	3	+	By Committee on Federal and State Affairs
	4	+	1-29
	5	+	AN ACT concerning the offices of United States senator, state treasurer
	6	+	and the commissioner of insurance; relating to the filling of vacancies
	7	+	in such offices; requiring the appointment of a person of the same
	8	+	political party as the incumbent; requiring the legislature to nominate
	9	+	three persons for consideration for such appointment and that the
	10	+	governor appoint one of the nominated persons; establishing the joint
	11	+	committee on vacancy appointments; amending K.S.A. 25-101b and
	12	+	40-106 and repealing the existing sections; also repealing K.S.A. 25-
	13	+	318.
9	14		Be it enacted by the Legislature of the State of Kansas:
10		-	New Section 1. (a) Upon a vacancy occurring in the office of
11		-	United States senator from this state, the governor shall make a
12		-	temporary appointment to fill such vacancy until a successor is elected
13		-	and qualified. Such temporary appointment shall be made in
14		-	accordance with the provisions of sections 2 through 4, and
15		-	amendments thereto. Within three calendar days after receiving a
16		-	concurrent resolution adopted pursuant to section 4, and amendments
17		-	thereto, or a report submitted pursuant to section 3, and amendments
18		-	thereto, the governor shall appoint one of the three persons
19		-	recommended as candidates in such concurrent resolution or report to
20		-	temporarily fill such vacancy. Except as otherwise provided, at the time
21		-	of the next election of representatives in congress immediately
22		-	following such vacancy, such vacancy shall be filled by election and
23		-	the senator so elected shall take office upon receiving such senator's
24		-	certificate of election. If the vacancy occurs on or after May 1 in an
25		-	even-numbered year, then such vacancy shall be filled by election at the
26		-	election of representatives in congress held two years following the
27		-	year in which such vacancy occurs.
	15	+	New Section 1. (a) Upon a vacancy occurring in the office of United
	16	+	States senator from this state, the governor shall make a temporary
	17	+	appointment to fill such vacancy until a successor is elected and qualified.
	18	+	Such temporary appointment shall be made in accordance with the
	19	+	provisions of sections 2 through 4, and amendments thereto. Within two
	20	+	calendar days after receiving a concurrent resolution adopted pursuant to
	21	+	section 4, and amendments thereto, or a report submitted pursuant to
	22	+	section 3, and amendments thereto, the governor shall appoint one of the
	23	+	three persons recommended as candidates in such concurrent resolution or
	24	+	report to temporarily fill such vacancy. At the time of the next election of
	25	+	representatives in congress immediately following such vacancy, such
	26	+	vacancy shall be filled by election and the senator so elected shall take
	27	+	office upon receiving such senator's certificate of election.
28	28		(b) No person shall be appointed pursuant to this act unless such
29	29		person is a resident of this state and shall have been registered with the
30		-	same political party for the immediately preceding six years as that of
31		-	~~the~~ United States senator elected at the immediately preceding election
32		-	~~for~~ such office. If the United States senator elected at the immediately
	30	+	same political party for the immediately preceding six years as that of the
	31	+	United States senator elected at the immediately preceding election for
	32	+	such office. If the United States senator elected at the immediately
33	33		preceding election for such office was not registered with any political
34	34		party, then any suitable person who is a resident of this state may be
35	35		appointed pursuant to sections 2 through 4, and amendments thereto.
36		-	(c) No person appointed pursuant to subsection (a) shall take
37		-	office unless such appointment is certified by the secretary of state to
38		-	the United States senate. The secretary shall not certify any person as
39		-	being appointed to fill a vacancy in the office of United States senator
40		-	unless such person is appointed in accordance with this section.
41	36		New Sec. 2. (a) Except as otherwise provided, within 10 calendar
42	37		days of a vacancy occurring in the office of United States senator, the
43		-	office of state treasurer or the office of the commissioner of insurance,
44		-	the joint committee on vacancy appointments shall be established by
45		-	appointment of the members of the joint committee. The joint
46		-	committee shall consist of 12 members as follows:
47		-	(1) The president of the senate, or a member of the senate
48		-	designated by the president;
	38	+	office of state treasurer or the office of the commissioner of insurance, the
	39	+	joint committee on vacancy appointments shall be established by
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	76	+	appointment of the members of the joint committee. Each of this state's
	77	+	congressional districts shall be represented by at least two members of the
	78	+	joint committee who shall be residents thereof. The joint committee shall
	79	+	consist of 12 members as follows:
	80	+	(1) The president of the senate, or a member of the senate designated
	81	+	by the president;
49	82		(2) one member of the senate appointed by the president;
50	83		(3) the speaker of the house of representatives, or a member of the
51	84		house of representatives designated by the speaker;
52	85		(4) one member of the house of representatives appointed by the
53	86		speaker;
54		-	(5) two members of the senate appointed by the majority leader of
55		-	~~the~~ senate;
	87	+	(5) two members of the senate appointed by the majority leader of the
	88	+	senate;
56	89		(6) two members of the house of representatives appointed by the
57	90		majority leader of the house of representatives;
58		-	(7) one member of the senate appointed by the vice president of
59		-	~~the~~ senate;
60		-	(8) one member of the house of representatives appointed by the ~~SENATE BILL No. 105—page 2~~
	91	+	(7) one member of the senate appointed by the vice president of the
	92	+	senate;
	93	+	(8) one member of the house of representatives appointed by the
61	94		speaker pro tem of the house of representatives;
62		-	(9) one member of the senate appointed by the minority leader of
63		-	~~the~~ senate; and
	95	+	(9) one member of the senate appointed by the minority leader of the
	96	+	senate; and
64	97		(10) one member of the house of representatives appointed by the
65	98		minority leader of the house of representatives.
66		-	(b) Of the members named or appointed under subsections (a)(1),
67		-	(a)(2), (a)(5) and (a)(7), each of this state's congressional districts shall
68		-	be represented by at least one such member who shall be a resident
69		-	thereof. Of the members named or appointed under subsections (a)(3),
70		-	(a)(4), (a)(6) and (a)(8), each of this state's congressional districts shall
71		-	be represented by at least one such member who shall be a resident
72		-	thereof.
73		-	(c) The joint committee on vacancy appointments shall not be
	99	+	(b) The joint committee on vacancy appointments shall not be
74	100		established when a vacancy occurs less than 90 calendar days prior to
75	101		December 31 in any year in which a general election for such office is
76		-	held, unless the person vacating such office was elected to such office
77		-	at such general election and was an incumbent in such election.
78		-	(d) The president of the senate, or the president's designee, shall
79		-	be the chairperson of the joint committee and the speaker of the house
80		-	of representatives, or the speaker's designee, shall be the vice
81		-	chairperson. The vice chairperson shall exercise all the powers of the
82		-	chairperson in the absence of the chairperson.
83		-	(e) The joint committee on vacancy appointments shall meet at
84		-	any time and at any place within the state on call of the chairperson.
85		-	Members of the joint committee shall receive compensation and travel
86		-	expenses and subsistence expenses or allowances as provided in K.S.A.
87		-	75-3212, and amendments thereto, when attending meetings of such
88		-	committee.
89		-	(f) The first meeting of the joint committee shall be held within 30
	102	+	held, unless the person vacating such office was elected to such office at
	103	+	such general election and was an incumbent in such election.
	104	+	(c) The president of the senate, or the president's designee, shall be
	105	+	the chairperson of the joint committee and the speaker of the house of
	106	+	representatives, or the speaker's designee, shall be the vice chairperson.
	107	+	The vice chairperson shall exercise all the powers of the chairperson in the
	108	+	absence of the chairperson.
	109	+	(d) The joint committee on vacancy appointments shall meet at any
	110	+	time and at any place within the state on call of the chairperson. Members
	111	+	of the joint committee shall receive compensation and travel expenses and
	112	+	subsistence expenses or allowances as provided in K.S.A. 75-3212, and
	113	+	amendments thereto, when attending meetings of such committee.
	114	+	(e) The first meeting of the joint committee shall be held within 30
90	115		calendar days of a vacancy occurring in the office of United States
91	116		senator, the office of state treasurer or the office of the commissioner of
92	117		insurance.
93		-	New Sec. 3. (a) The joint committee on vacancy appointments
94		-	shall review candidates to fill the vacancy described in section 2, and
	118	+	New Sec. 3. (a) The joint committee on vacancy appointments shall
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	162	+	review candidates to fill the vacancy described in section 2, and
95	163		amendments thereto. Such review shall include verifying that such
96		-	candidate satisfies federal and state requirements to hold such office
97		-	and to be appointed to fill a vacancy in such office. The joint committee
98		-	shall conduct one or more public hearings and shall grant each
99		-	candidate an opportunity to be heard before the joint committee.
100		-	(b) If the vacancy occurs during a regular session of the
101		-	legislature, or occurs when the legislature is not in regular session but a
102		-	special session of the legislature is called within five calendar days
103		-	after such vacancy occurs, then, within 30 calendar days after the first
104		-	meeting of the joint committee, the joint committee shall introduce a
105		-	concurrent resolution in each house recommending three persons as
106		-	candidates to fill the vacancy.
	164	+	candidate satisfies federal and state requirements to hold such office and to
	165	+	be appointed to fill a vacancy in such office. The joint committee shall
	166	+	conduct one or more public hearings and shall grant each candidate an
	167	+	opportunity to be heard before the joint committee.
	168	+	(b) Except as provided in subsection (c), at the conclusion of its
	169	+	public hearings, the joint committee shall introduce a concurrent resolution
	170	+	in each house recommending three persons as candidates to fill the
	171	+	vacancy.
107	172		(c) If the joint committee concludes its public hearings while the
108		-	legislature is not in regular or special session, then, within 30 calendar
109		-	days after the first meeting of the joint committee, the joint committee
	173	+	legislature is not in regular or special session, then the joint committee
110	174		shall submit a report to the governor recommending three persons as
111	175		candidates to fill the vacancy.
112		-	(d) No member of the joint committee shall be recommended as a
113		-	candidate to fill the vacancy.
114		-	New Sec. 4. (a) Each house shall consider any concurrent
115		-	resolution that is introduced pursuant to section 3, and amendments
116		-	thereto, within 10 days and shall either adopt such resolution or direct
117		-	the joint committee to reconvene to reconsider candidates to fill the
118		-	vacancy.
119		-	(b) When directed to do so by the legislature, the joint committee SENATE BILL No. 105—page 3
	176	+	New Sec. 4. (a) Each house shall consider any concurrent resolution
	177	+	that is introduced pursuant to section 3, and amendments thereto, within 10
	178	+	days and shall either adopt such resolution or direct the joint committee to
	179	+	reconvene to reconsider candidates to fill the vacancy.
	180	+	(b) When directed to do so by the legislature, the joint committee
120	181		shall reconvene and act in accordance with section 3, and amendments
121		-	thereto. When introducing any second or subsequent resolution, the
122		-	~~joint~~ committee may recommend one or more of the candidates who
123		-	~~were~~ recommended in any prior resolution.
	182	+	thereto. When introducing any second or subsequent resolution, the joint
	183	+	committee may recommend one or more of the candidates who were
	184	+	recommended in any prior resolution.
124	185		Sec. 5. K.S.A. 25-101b is hereby amended to read as follows: 25-
125		-	101b. (a) At the general election held in 1978 and each four (4) years
126		-	thereafter, there shall be elected a treasurer for the state of Kansas,
	186	+	101b. At the general election held in 1978 and each four (4) years
	187	+	thereafter, there shall be elected a treasurer for the state of Kansas, whose
	188	+	term of office shall be four (4) years beginning on the second Monday in
	189	+	January next succeeding such treasurer's election. In case of a vacancy in
	190	+	such office, within two calendar days after receiving a concurrent
	191	+	resolution adopted pursuant to section 4, and amendments thereto, or a
	192	+	report submitted pursuant to section 3, and amendments thereto, the
	193	+	governor shall appoint some suitable person one of the three persons
	194	+	recommended as candidates in such concurrent resolution or report to
	195	+	serve for the unexpired term and until a successor is elected and qualified.
	196	+	No person shall be appointed pursuant to this section unless such person
	197	+	is a resident of this state and shall have been registered with the same
	198	+	political party for the immediately preceding six years as that of the state
	199	+	treasurer elected at the immediately preceding election for such office. If
	200	+	the state treasurer elected at the immediately preceding election for such
	201	+	office was not registered with any political party, then any suitable person
	202	+	who is a resident of this state may be appointed pursuant to sections 2
	203	+	through 4, and amendments thereto.
	204	+	Sec. 6. K.S.A. 40-106 is hereby amended to read as follows: 40-106.
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	248	+	At the general election held in 1978 and each four (4) years thereafter,
	249	+	there shall be elected a commissioner of insurance for the state of Kansas,
127	250		whose term of office shall be four (4) years beginning on the second
128		-	Monday in January next succeeding such ~~treasurer~~'s election. In case of
129		-	a vacancy in such office, within ~~three~~ calendar days after receiving a
	251	+	Monday in January next succeeding such commissioner's election. In case
	252	+	of a vacancy in such office, within two calendar days after receiving a
130	253		concurrent resolution adopted pursuant to section 4, and amendments
131	254		thereto, or a report submitted pursuant to section 3, and amendments
132		-	thereto, the governor shall appoint some suitable person one of the
133		-	three persons recommended as candidates in such concurrent
134		-	resolution or report to serve for the unexpired term and until a
135		-	successor is elected and qualified. No person shall be appointed
136		-	pursuant to this section unless such person is a resident of this state
137		-	and shall have been registered with the same political party for the
138		-	immediately preceding six years as that of the state treasurer elected at
139		-	the immediately preceding election for such office. If the state treasurer
140		-	elected at the immediately preceding election for such office was not
141		-	registered with any political party, then any suitable person who is a
142		-	resident of this state may be appointed pursuant to sections 2 through
143		-	4, and amendments thereto.
144		-	(b) No person appointed pursuant to subsection (a) shall take
145		-	office unless such appointment is certified by the secretary of state. The
146		-	secretary shall not certify any person as being appointed to fill a
147		-	vacancy in the office of treasurer for the state of Kansas unless such
148		-	person is appointed in accordance with this section.
149		-	Sec. 6. K.S.A. 40-106 is hereby amended to read as follows: 40-
150		-	106. (a) At the general election held in 1978 and each four (4) years
151		-	thereafter, there shall be elected a commissioner of insurance for the
152		-	state of Kansas, whose term of office shall be four (4) years beginning
153		-	on the second Monday in January next succeeding such commissioner's
154		-	election. In case of a vacancy in such office, within three calendar days
155		-	after receiving a concurrent resolution adopted pursuant to section 4,
156		-	and amendments thereto, or a report submitted pursuant to section 3,
157		-	and amendments thereto, the governor shall appoint some suitable
158		-	person one of the three persons recommended as candidates in such
159		-	concurrent resolution or report to serve for the unexpired term and
160		-	until a successor is elected and qualified. No person shall be appointed
161		-	pursuant to this section unless such person is a resident of this state
162		-	and shall have been registered with the same political party for the
163		-	immediately preceding six years as that of the commissioner of
164		-	insurance elected at the immediately preceding election for such office.
165		-	If the commissioner of insurance elected at the immediately preceding
166		-	election for such office was not registered with any political party, then
167		-	any suitable person who is a resident of this state may be appointed
168		-	pursuant to sections 2 through 4, and amendments thereto.
169		-	(b) No person appointed pursuant to subsection (a) shall take
170		-	office unless such appointment is certified by the secretary of state. The
171		-	secretary shall not certify any person as being appointed to fill a
172		-	vacancy in the office of commissioner of insurance for the state of
173		-	Kansas unless such person is appointed in accordance with this
174		-	section.
175		-	New Sec. 7. The provisions of sections 1 through 4, and
176		-	amendments thereto, and K.S.A. 25-101b and 40-106, as amended by
177		-	this act, are severable. If any portion of such provisions is declared
178		-	unconstitutional or invalid, or the application of any portion of such SENATE BILL No. 105—page 4
179		-	provisions to any person or circumstance is held unconstitutional or
180		-	invalid, the invalidity shall not affect other portions of such provisions
181		-	that can be given effect without the invalid portion or application, and
182		-	the applicability of such other portions of such provisions to any person
183		-	or circumstance shall remain valid and enforceable.
184		-	Sec. 8. K.S.A. 25-101b, 25-318 and 40-106 are hereby repealed.
185		-	Sec. 9. This act shall take effect and be in force from and after its
	255	+	thereto, the governor shall appoint some suitable person one of the three
	256	+	persons recommended as candidates in such concurrent resolution or
	257	+	report to serve for the unexpired term and until a successor is elected and
	258	+	qualified. No person shall be appointed pursuant to this section unless
	259	+	such person is a resident of this state and shall have been registered with
	260	+	the same political party for the immediately preceding six years as that of
	261	+	the commissioner of insurance elected at the immediately preceding
	262	+	election for such office. If the commissioner of insurance elected at the
	263	+	immediately preceding election for such office was not registered with any
	264	+	political party, then any suitable person who is a resident of this state may
	265	+	be appointed pursuant to sections 2 through 4, and amendments thereto.
	266	+	Sec. 7. K.S.A. 25-101b, 25-318 and 40-106 are hereby repealed.
	267	+	Sec. 8. This act shall take effect and be in force from and after its
186	268		publication in the Kansas register.
187		-	~~I hereby certify that the above BILL originated in the~~
188		-	~~SENATE, and passed that body~~
189		-	~~__________________________~~
190		-	~~SENATE adopted~~
191		-	~~Conference Committee Report ________________~~
192		-	~~_________________________~~
193		-	~~President of the Senate.~~
194		-	~~_________________________~~
195		-	~~Secretary of the Senate.~~
196		-
197		-	~~Passed the HOUSE~~
198		-	~~as amended _________________________~~
199		-	~~HOUSE adopted~~
200		-	~~Conference Committee Report ________________~~
201		-	~~_________________________~~
202		-	~~Speaker of the House.~~
203		-	~~_________________________~~
204		-	~~Chief Clerk of the House.~~
205		-	~~APPROVED _____________________________~~
206		-	~~_________________________~~
207		-	~~Governor.~~
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