Civics 101 What Every LEO Needs to Know

AN OVERVIEW ON HOW BILLS BECOME LAW WITHIN THE KANSAS LEGISLATURE

AUGUST 6, 2014

COL. RICHARD POWELL

SEDGWICK COUNTY SHERIFF’S OFFICE

Civics 101What Every LEO Needs to

Know

Do we really need to know?

As law enforcement administrators and officers, many bills are introduced on an annual basis that affect how we do business

Many law enforcement agencies across the state closely monitor legislative activities during session.

All three professional LE organizations (KSA, KACP and KPOA) are heavily involved annually

Ed Klumpp is legislative lobbyist for all three and maintains a very informative website for Kansas law enforcement; http://www.kslawenforcementinfo.com/

Varied 2014 bills that became law

HB2389-Search and Arrest Warrant AffidavitsHB2578-Felons in Possession of WeaponsHB2578-Firearms in Vehicles and Open CarrySB329-Juvenile Statute of LimitationsHB2655-Interference with Law EnforcementHB2578-Disposal of Seized WeaponsHB2140-Off Duty and LEOSA Carrying of

FirearmHB2023-Work Comp for Heart Attack/StrokeSB256-Out of State Bond Agents

Your Professional Organizations

KACP-Kansas Association of Chiefs of Police http://www.kacp.cc/

KSA-Kansas Sheriff’s Association http://www.kacp.cc/committees.php#legis

KPOA-Kansas Peace Officers Associationhttp://kpoa.org/

Moving on… A Summary of Legislative Procedures

There are seven basic steps a bill passes through before it becomes law. Introduction and Reference of Bills Consideration by Standing Committee Consideration by Committee of the Whole Final Passage Action by the Second House Action by the Governor Publication of Laws

Introduction and Reference of Bills

The introduction of a bill constitutes its formal presentation to the House of Representatives or Senate

The title of the bill is read and the bill is printed for general distribution

Either on the day of introduction or on the next legislative day, the bill is referred to a committee

Consideration by Standing Committee

The committee meets, holds hearings and discusses the bill

The committee formulates recommendations and prepares a committee report for submission to the House or Senate

Consideration by the Committee of the Whole

If reported favorably, the bill goes to the next Committee of the Whole under the heading of General Orders

Eventually the bill may be debated and recommended for passage with or without amendments

Any member of the House or Senate may offer amendments and speak for or against the bill

Final Passage

If recommended for passage by the Committee of the Whole, the bill is placed on the calendar under the heading of Final Action

A roll call vote is taken to determine if the bill will be passed by the House

To pass the body, the bill must receive a majority vote of all elected (or appointed) and qualified members

Action by Second House

Having passed the first house, the bill is sent to the second house where the same procedure as before is followed

If the second house passes the bill without amendment, it is enrolled (printed in it’s final form) for consideration by the Governor

If the second house amends the bills and the first house concurs, the bill also is considered finally passed

Action by Second House

If the first house disagrees with the amendment, a conference committee usually is appointed to work out an agreement

When both houses have approved the report of the conference committee by a majority of all members on a roll call vote, the bill is considered finally passed

Action by the Governor

Within 10 days after passage, the bill must be signed by the presiding officers of each house, the Chief Clerk of the House and the secretary of the Senate, and be presented to the Governor

The Governor has 10 days after receipt of the bill to act on it

If the Governor does not act on it during the 10 day period, the bill automatically becomes law

Action by the Governor

Most bills passed by the Legislature are approved by the Governor

The Governor may veto a bill by refusing to sign it and returning it to the house in which the bill originated, together with a statement of the reasons for the veto

In appropriation bills only, the Governor may veto some items and approve the others by signing the bill

The Legislature may pass a bill over the Governor’s veto by a two-thirds vote of the elected (or appointed) and qualified members of each of the houses

Publication of Laws

An act of the Legislature is not in force until the enacting bill has been published so that the public has proper notice that it is law

Publication notice occurs in the Session Laws (on or before July 1) unless the Legislature desires the law to take effect sooner

This event is printed in the Kansas Register Published weekly by the Secretary of State It contains a variety of information regarding

activities of state government required by law to be noticed or incorporated therein

Legislative Flow Chart

So what is “the Legislature”?

A 125 member House of Representatives Elected for a two-year term

A 40 member Senate Elected for a four-year term

Terms begin on the second Monday in January of the odd numbered year following the election

The maximum membership as authorized by the Kansas Constitution

House and Senate districts must be redrawn every 10 years (the years ending in 2) to equalize district population

Districts are based on most recent federal census with adjustments for nonresident students and military

So what is “the Legislature”?

Pre-organizational Meeting

In the even numbered years members of either house are elected, a pre-organizational meeting is held on the first Monday in December

The Secretary of State calls the roll of the House or Senate from a list of certified members-elect

Party caucuses are held to select members for legislative leadership offices.

Pre-organizational Meeting

In the House, these officers are the Speaker, the Speaker Pro-Tem, Majority Leader, Minority Leader, and other party officers

In the Senate, these officers are the President, Vice- President, Majority Leader, Minority Leader, and other party officers

Election of Leaders

Each house ratifies the decision made by the party caucuses at the pre-organizational meetings

By constitutional requirement, the elected organizational structure of the House and Senate is for the duration of the term of the members

The usual practice in successive sessions, until the terms of it’s members expire, is for each house to continue the same organizational structure by formally adopting a resolution to that effect

Rules

As defined by the state Constitution, each house determines its own rules and the two houses may adopt joint rules

These rules are normally adopted near the beginning of the legislative session following an election of members

The rules are subject to suspension, amendment, or revocation

Rules

In cases where of the house or the joint rules do not apply, the Senate rule provides that Robert’s Rules of Order Newly Revised governs, while the House rule defers to Mason’s Manual of Legislative Procedure

In the House, rules are adopted or changed by resolution which requires an affirmative vote of a majority of the elected (or appointed) members

In the Senate, changes in the rules generally require a majority vote of the elected (or appointed) members

Rules

The joint rules are adopted by concurrent resolution approved by a majority of the elected (or appointed) qualified members of each house

These rules expire at the conclusion of the terms of the house members

This means that the rules at a minimum, must be adopted in each regular session that commences in the odd numbered years

Presiding Officers

The presiding officer of the Senate is the PresidentThe presiding officer of the House is the SpeakerThese are the only two legislative leadership

positions required by the state ConstitutionThe House and Senate rules prescribe most of the

powers and duties of these officers, however some of the duties are statutory

The practice is that a member of the majority is elected President or Speaker

By statute this election is the first order of business following the oath of office, before rules are adopted

Presiding Officers

In both houses, a member is elected to preside when the regular presiding officer is not in the chair

In the Senate, this member is the Vice-PresidentIn the House, this member is the Speaker Pro TemBoth members are nominated by the party caucus

of the majority and formally elected on the first day.

These officers preside in place of the President or Speaker when the Senate or House is meeting as such

Duties of Presiding Officers

The duties of the presiding officers of each house are similar, although there are several important differences

Both the President and the Speaker or in their place, the Vice President of the Senate or Speaker Pro Tem of the House, call the houses to order during scheduled meetings and ensure the proper order of business is followed according to the rules and items on the legislative calendar


They are responsible for recognizing members who wish to make motions, present points of order, make inquiries, or participate in debate, and the Speaker and the President also must sign all bills passed

In the House, the Speaker appoints the standing and other committees and refers bills and resolutions to the appropriate committees

In the Senate, the Committee on Organization, Calendar and Rules appoints members of the standing committees


The Senate President refers bills to committees and appoints members of special and select committees and conference committees

These officers also have certain administrative and housekeeping responsibilities incidental to the operation of the Legislature

Other Legislative Officers

Although the rules do not expressly provide for their selection, each house has a majority and minority leader and other party officers who are selected by the respective caucuses

These persons play an important role in organizing and coordinating the activities of their party members with regard to items under consideration by the house


The rules of the Senate and House establish four main nonmember offices

1-Secretary of the Senate Major clerical responsibility for the Senate

2-Chief Clerk of the House Major clerical responsibility for the House

Sergeant of Arms for each house Preserves order in and around the legislative chambers

These are appointed/removed by the President/Speaker


The Senate authorizes the following assistants to the Secretary Assistant secretary of the Senate Journal clerks Calendar clerks Enrolling clerks Bill status clerk Reading clerk Bill clerk


In the House, the Chief Clerk appoints and supervises additional clerks and personnel

The assistant sergeants-at-arms of the Senate and House serve under the supervision of the sergeant-at-arms but may be removed by the President or Speaker

All doorkeepers are assistant sergeant-at-armsEach house also appoints a chaplain to offer

prayer at the start of each sessionSenators are permitted to select their own

private secretaries

Limitations on Conduct of Non-legislators

To maintain order and void confusion on the floor while the houses are in session, rules have been established to limit access by non-legislatures to the floor and control the distribution of materials to the members

The Senate rule prohibits admission of persons other than senators to the floor, except elective state officers, friends of senators, former senators, those with an invitation signed by the President, legislative branch employees, certain members of the media, and those invited by Senate resolution

Limitations on Conduct of Non-legislators

The House permits admission to legislators, officers and employees of the legislative branch, and others having permits from the Speaker

Registered lobbyists are explicitly excluded from access to the floor during a session

Both houses prohibit persons in the galleries from using telephones or video equipment

Also in both houses, no unapproved items or materials may be placed on a members desk

A Senate rule also forbids occupancy of a senators chair by another without prior approval of said senator

Committees

The general public has access to the legislative process through its elected senators and representatives

It should be understood, though, that the Legislature’s committee system provides a very important forum for communication of citizen views directly into the legislative process

Standing Committees

16 Standing Committees in the Senate The Committee on Organization, Calendar, and Rules

appoints the other standing committees and designates a chairperson, vice-chairperson, and ranking minority member

24 Standing Committees in the House The Speaker appoints the other standing committees

and designates a chairperson, vice-chairperson, and ranking minority member

House and Senate standing committees sometimes utilize subcommittees for temporary assignments

Standing Committees

Subcommittees are designated by the committee chairperson

The selection of subcommittees is addressed by the rules only in the House

Most standing committees are created for the purpose of considering proposed legislation and reporting recommendation thereon

As measured by the number of bills assigned to them, some standing committees traditionally have a much higher workload than others (judiciary and appropriations/ ways and means)

Standing Committees

The number of bills assigned to a standing committee can vary greatly from year to year

Standing committees generally meet at a regular time and place each day, with the actual number of meetings determined by their workload

A chairperson may call a meeting of the committee at any time. Oral announcements of meetings are common to meet deadlines late in the session

Each committee has a secretary who attends all meetings, coordinates materials, keeps minutes, records persons appearing to offer testimony and action taken

Select (Special) Committees

Created by resolution or announcement by the Speaker or President

The Speaker, President, or Legislative Coordinating Council appoint select committees and name the chairperson.

Select committees are normally assigned a particular matter to review or investigate and cease to exist after their function has been served and when a final report has been issued

Statutory Committees

All statutory committees are designated as joint committees and composed of members from both houses

Many statutory committees are “permanent” and never expire, but some are created for a specific purpose and time frame

Some statutory committees may contain both legislators and non-legislators

Statutory committees meet throughout the year, but mostly during interim periods

Legislative Session

In November, 1966 a constitutional amendment provided for annual general sessions

Odd numbered years were of unlimited duration

Even numbered years were limited to 60 day sessions unless a 2/3 vote extended the session

In 1974,a new constitutional amendment extended the duration of even numbered years to 90 days unless extended by a 2/3 vote

Legislative Session

The session convenes on the first Monday of January and schedules an adjournment in early April with a “wrap up” in the latter part of the month

The Governor may call a special session of the Legislature whenever he believes it is warranted Requires a petition with a 2/3 membership approval

The special session usually covers one or two distinct items but can address any matter brought to the table

Another flow chart

Credits

Ed Klumpp, Lobbyist for KACP, KSA, and KPOA

http://www.kslawenforcementinfo.com/

Kansas Legislature websitehttp://www.kslegislature.org

Kansas Legislative Research Department , 2006

Credits:

Credits

Schoolhouse Rock, A Disney Educational Production

https://www.youtube.com/watch?feature=player_detailpage&v=tyeJ55o3El0

https://www.youtube.com/watch?v=tyeJ55o3El0

Contact Information

Col. Richard Powell, Chief DeputySedgwick County Sheriff’s Office141 W. ElmWichita, Ks, 67203316-660-3900 office316-660-3248 [email protected] emailwww.sedgwickcounty.org/sheriff web

Documents

Civics 101 What Every LEO Needs to Know