Session of 2025
SENATE BILL No. 272
By Committee on Federal and State Affairs
2-18
AN ACT concerning conventions under article V of the constitution of the
United States; providing for the appointment and qualifications of
delegates; prescribing the duties and responsibilities thereof;
authorizing instruction for delegates by the legislature; creating a joint
committee of correspondence.
Be it enacted by the Legislature of the State of Kansas:
Section 1. The provisions of sections 1 through 6, and amendments
thereto, shall apply whenever an article V convention is called.
Sec. 2. As used in sections 1 through 6, and amendments thereto:
(a) "Alternate delegate" means an individual appointed as provided
by Kansas law as an alternate delegate to act in place of an absent delegate
of the state of Kansas at an article V convention;
(b) "article V application" means a concurrent resolution adopted by
both houses of the legislature that calls for an article V convention;
(c) "article V convention" means a convention for proposing
amendments to the constitution of the United States called for by the states
under article V of the constitution of the United States;
(d) "delegate" means an individual appointed as provided by Kansas
law to represent the state of Kansas at an article V convention; and
(e) "unauthorized amendment" means a proposed amendment to the
constitution of the United States that is outside of the scope of the subject
matter of the article V application or the call of the article V convention.
Sec. 3. (a) Whenever an article V convention is called, the speaker of
the house of representatives, the president of the senate and the governor
shall appoint the number of delegates allocated to represent Kansas and an
equal number of alternate delegates. Unless established otherwise by the
rules and procedures of an article V convention, five delegates and five
alternates delegates shall be appointed to represent Kansas. The
appointments shall be made proportionally by the speaker of the house of
representatives, the president of the senate and the governor as follows:
(1) The speaker of the house of representatives shall appoint two
members of the house of representatives as delegates and two members of
the house of representatives as alternate delegates;
(2) the president of the senate shall appoint two members of the
senate as delegates and two members of the senate as alternate delegates;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 SB 272 2
and
(3) the governor shall appoint one member from either the house of
representatives or the senate as a delegate and one member from either the
house of representatives or the senate as an alternate delegate.
(b) The term for each delegate and alternate delegate appointed
begins with the call of the article V convention and ends on the day of the
final adjournment of the convention, unless the delegate is recalled.
(c) (1) The speaker of the house of representatives, president of the
senate or governor may at any time recall any delegate or alternate
delegate appointed by such officer. The legislature may recall any delegate
or alternate delegate appointed by the governor by adoption of a
concurrent resolution that provides for such recall, or if the legislature is
not in session, the legislative coordinating council may recall any delegate
by a majority vote. The house of representatives may recall any delegate
appointed by the speaker by adoption of a resolution that calls for such
recall. The senate may recall any delegate appointed by the president by
adoption of a resolution that calls for such recall.
(2) Any delegate that is recalled shall be replaced by an alternate
delegate appointed by the same officer that made the original appointment
of the recalled delegate. When an alternate delegate is appointed as a
delegate, the officer that made the original appointment of the alternate
delegate shall appoint a new alternate delegate.
(d) Any vacancy in the delegation shall be filled in the manner
provided by law.
(e) The secretary of state shall certify in writing to the article V
convention the identity of the delegates appointed or dismissed and the
filling of any delegation vacancy.
Sec. 4. (a) Each delegate and alternate delegate shall reaffirm an oath
to support the constitution of the United States and the constitution of the
state of Kansas and faithfully abide by and execute any instructions to
delegates and alternate delegates adopted by the legislature.
(b) No delegate or alternate delegate may vote at an article V
convention to consider or approve an unauthorized amendment.
(c) A vote cast by a delegate or an alternate delegate at an article V
convention on an unauthorized amendment or on any other measure that is
outside the scope of the limits placed by the article V application or the
instructions provided pursuant to section 6, and amendments thereto, is
void.
(d) Any delegate or alternate delegate who votes or attempts to vote
on an unauthorized amendment or on any other measure that is outside the
scope of the limits placed by the article V application or the instructions
provided pursuant to section 6, and amendments thereto, may be
immediately dismissed as a delegate upon the vote of a majority of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 272 3
other appointed delegates.
Sec. 5. (a) After an article V convention is called, the legislature shall
create a joint committee of correspondence responsible for
communications with the delegates to the article V convention. The
membership of such committee shall consist of five members as follows:
(1) The speaker of the house of representatives;
(2) the senate president;
(3) one member of the house of representatives elected by the
members of the house of representatives;
(4) one member of the senate elected by the members of the senate;
and
(5) the governor.
(b) The delegates shall direct all communications regarding the article
V convention to the joint committee of correspondence, including the
proposed adoption or modification of rules governing the convention, the
language of any proposed amendment under discussion, administrative
matters or any other matter requiring guidance. If the joint committee of
correspondence does not render a decision on the proposed adoption or
modification of rules governing the convention within 48 hours of
receiving notification from the delegates, the delegates shall presume that
the committee approves the proposed adoption or modification of such
rules.
(c) (1) A delegate, the speaker of the house of representatives, the
president of the senate or the governor may request the joint committee of
correspondence to render an advisory determination as to whether an
action or an attempt to take action by a delegate is outside the scope of the
article V application or the instructions provided pursuant to section 6, and
amendments thereto. Upon receipt of such request, the joint committee of
correspondence shall render such advisory determination.
(2) The joint committee of correspondence shall render an advisory
determination pursuant to subsection (c)(1) in any manner considered
appropriate by the committee, or as required by the instructions provided
pursuant to section 6, and amendments thereto. Such advisory
determination shall be rendered within 24 hours after receiving a request
for a determination. The joint committee of correspondence shall provide a
copy of such advisory determination in the most expeditious manner
possible to all of the delegates.
Sec. 6. (a) At the time delegates and alternate delegates are appointed,
the legislature shall adopt a concurrent resolution to provide instructions to
the delegates and alternate delegates regarding the following:
(1) The rules of procedure; and
(2) any other matter relating to the article V convention that the
legislature considers necessary.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 272 4
(b) If the legislature is not in session at the time delegates and
alternate delegates are appointed, the legislative coordinating council shall
provide instructions to the delegates and alternate delegates as prescribed
in subsection (a) by majority vote.
(c) The legislature may amend any instructions provided pursuant to
this section at any time by concurrent resolution.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8