Kansas 2025-2026 Regular Session

Kansas Senate Bill SB272 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	SENATE BILL No. 272
3	3	By Committee on Federal and State Affairs
4	4	2-18
5	5	AN ACT concerning conventions under article V of the constitution of the
6	6	United States; providing for the appointment and qualifications of
7	7	delegates; prescribing the duties and responsibilities thereof;
8	8	authorizing instruction for delegates by the legislature; creating a joint
9	9	committee of correspondence.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. The provisions of sections 1 through 6, and amendments
12	12	thereto, shall apply whenever an article V convention is called.
13	13	Sec. 2. As used in sections 1 through 6, and amendments thereto:
14	14	(a) "Alternate delegate" means an individual appointed as provided
15	15	by Kansas law as an alternate delegate to act in place of an absent delegate
16	16	of the state of Kansas at an article V convention;
17	17	(b) "article V application" means a concurrent resolution adopted by
18	18	both houses of the legislature that calls for an article V convention;
19	19	(c) "article V convention" means a convention for proposing
20	20	amendments to the constitution of the United States called for by the states
21	21	under article V of the constitution of the United States;
22	22	(d) "delegate" means an individual appointed as provided by Kansas
23	23	law to represent the state of Kansas at an article V convention; and
24	24	(e) "unauthorized amendment" means a proposed amendment to the
25	25	constitution of the United States that is outside of the scope of the subject
26	26	matter of the article V application or the call of the article V convention.
27	27	Sec. 3. (a) Whenever an article V convention is called, the speaker of
28	28	the house of representatives, the president of the senate and the governor
29	29	shall appoint the number of delegates allocated to represent Kansas and an
30	30	equal number of alternate delegates. Unless established otherwise by the
31	31	rules and procedures of an article V convention, five delegates and five
32	32	alternates delegates shall be appointed to represent Kansas. The
33	33	appointments shall be made proportionally by the speaker of the house of
34	34	representatives, the president of the senate and the governor as follows:
35	35	(1) The speaker of the house of representatives shall appoint two
36	36	members of the house of representatives as delegates and two members of
37	37	the house of representatives as alternate delegates;
38	38	(2) the president of the senate shall appoint two members of the
39	39	senate as delegates and two members of the senate as alternate delegates;
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76	76	and
77	77	(3) the governor shall appoint one member from either the house of
78	78	representatives or the senate as a delegate and one member from either the
79	79	house of representatives or the senate as an alternate delegate.
80	80	(b) The term for each delegate and alternate delegate appointed
81	81	begins with the call of the article V convention and ends on the day of the
82	82	final adjournment of the convention, unless the delegate is recalled.
83	83	(c) (1) The speaker of the house of representatives, president of the
84	84	senate or governor may at any time recall any delegate or alternate
85	85	delegate appointed by such officer. The legislature may recall any delegate
86	86	or alternate delegate appointed by the governor by adoption of a
87	87	concurrent resolution that provides for such recall, or if the legislature is
88	88	not in session, the legislative coordinating council may recall any delegate
89	89	by a majority vote. The house of representatives may recall any delegate
90	90	appointed by the speaker by adoption of a resolution that calls for such
91	91	recall. The senate may recall any delegate appointed by the president by
92	92	adoption of a resolution that calls for such recall.
93	93	(2) Any delegate that is recalled shall be replaced by an alternate
94	94	delegate appointed by the same officer that made the original appointment
95	95	of the recalled delegate. When an alternate delegate is appointed as a
96	96	delegate, the officer that made the original appointment of the alternate
97	97	delegate shall appoint a new alternate delegate.
98	98	(d) Any vacancy in the delegation shall be filled in the manner
99	99	provided by law.
100	100	(e) The secretary of state shall certify in writing to the article V
101	101	convention the identity of the delegates appointed or dismissed and the
102	102	filling of any delegation vacancy.
103	103	Sec. 4. (a) Each delegate and alternate delegate shall reaffirm an oath
104	104	to support the constitution of the United States and the constitution of the
105	105	state of Kansas and faithfully abide by and execute any instructions to
106	106	delegates and alternate delegates adopted by the legislature.
107	107	(b) No delegate or alternate delegate may vote at an article V
108	108	convention to consider or approve an unauthorized amendment.
109	109	(c) A vote cast by a delegate or an alternate delegate at an article V
110	110	convention on an unauthorized amendment or on any other measure that is
111	111	outside the scope of the limits placed by the article V application or the
112	112	instructions provided pursuant to section 6, and amendments thereto, is
113	113	void.
114	114	(d) Any delegate or alternate delegate who votes or attempts to vote
115	115	on an unauthorized amendment or on any other measure that is outside the
116	116	scope of the limits placed by the article V application or the instructions
117	117	provided pursuant to section 6, and amendments thereto, may be
118	118	immediately dismissed as a delegate upon the vote of a majority of the
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162	162	other appointed delegates.
163	163	Sec. 5. (a) After an article V convention is called, the legislature shall
164	164	create a joint committee of correspondence responsible for
165	165	communications with the delegates to the article V convention. The
166	166	membership of such committee shall consist of five members as follows:
167	167	(1) The speaker of the house of representatives;
168	168	(2) the senate president;
169	169	(3) one member of the house of representatives elected by the
170	170	members of the house of representatives;
171	171	(4) one member of the senate elected by the members of the senate;
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173	173	(5) the governor.
174	174	(b) The delegates shall direct all communications regarding the article
175	175	V convention to the joint committee of correspondence, including the
176	176	proposed adoption or modification of rules governing the convention, the
177	177	language of any proposed amendment under discussion, administrative
178	178	matters or any other matter requiring guidance. If the joint committee of
179	179	correspondence does not render a decision on the proposed adoption or
180	180	modification of rules governing the convention within 48 hours of
181	181	receiving notification from the delegates, the delegates shall presume that
182	182	the committee approves the proposed adoption or modification of such
183	183	rules.
184	184	(c) (1) A delegate, the speaker of the house of representatives, the
185	185	president of the senate or the governor may request the joint committee of
186	186	correspondence to render an advisory determination as to whether an
187	187	action or an attempt to take action by a delegate is outside the scope of the
188	188	article V application or the instructions provided pursuant to section 6, and
189	189	amendments thereto. Upon receipt of such request, the joint committee of
190	190	correspondence shall render such advisory determination.
191	191	(2) The joint committee of correspondence shall render an advisory
192	192	determination pursuant to subsection (c)(1) in any manner considered
193	193	appropriate by the committee, or as required by the instructions provided
194	194	pursuant to section 6, and amendments thereto. Such advisory
195	195	determination shall be rendered within 24 hours after receiving a request
196	196	for a determination. The joint committee of correspondence shall provide a
197	197	copy of such advisory determination in the most expeditious manner
198	198	possible to all of the delegates.
199	199	Sec. 6. (a) At the time delegates and alternate delegates are appointed,
200	200	the legislature shall adopt a concurrent resolution to provide instructions to
201	201	the delegates and alternate delegates regarding the following:
202	202	(1) The rules of procedure; and
203	203	(2) any other matter relating to the article V convention that the
204	204	legislature considers necessary.
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248	248	(b) If the legislature is not in session at the time delegates and
249	249	alternate delegates are appointed, the legislative coordinating council shall
250	250	provide instructions to the delegates and alternate delegates as prescribed
251	251	in subsection (a) by majority vote.
252	252	(c) The legislature may amend any instructions provided pursuant to
253	253	this section at any time by concurrent resolution.
254	254	Sec. 7. This act shall take effect and be in force from and after its
255	255	publication in the statute book.
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