Civics 101 What Every LEO Needs to Know

1. Civics 101What 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

2. 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/

3. Varied 2014 bills that became law • HB2389-Search and Arrest Warrant Affidavits • HB2578-Felons in Possession of Weapons • HB2578-Firearms in Vehicles and Open Carry • SB329-Juvenile Statute of Limitations • HB2655-Interference with Law Enforcement • HB2578-Disposal of Seized Weapons • HB2140-Off Duty and LEOSA Carrying of Firearm • HB2023-Work Comp for Heart Attack/Stroke • SB256-Out of State Bond Agents

4. 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 Association • http://kpoa.org/

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. Legislative Flow Chart

16. 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

17. So what is “the Legislature”? • 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

18. 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.

19. 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

20. 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

21. 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

22. 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

23. 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

24. Presiding Officers • The presiding officer of the Senate is the President • The presiding officer of the House is the Speaker • These are the only two legislative leadership positions required by the state Constitution • The 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

25. 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-President • In the House, this member is the Speaker Pro Tem • Both 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

26. 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

27. Duties of Presiding Officers • 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

28. Duties of Presiding Officers • 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

29. 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

30. Other Legislative Officers • 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

31. Other Legislative Officers • 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

32. Other Legislative Officers • 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-arms • Each house also appoints a chaplain to offer prayer at the start of each session • Senators are permitted to select their own private secretaries

33. 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

34. 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

35. 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

36. 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

37. 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)

38. 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

39. 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

40. 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

41. 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

42. 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

43. Another flow chart

44. Credits • Ed Klumpp, Lobbyist for KACP, KSA, and KPOA • http://www.kslawenforcementinfo.com/ • Kansas Legislature website • http://www.kslegislature.org

45. Kansas Legislative Research Department , 2006 Credits:

46. Credits • Schoolhouse Rock, A Disney Educational Production • https://www.youtube.com/watch?feature=player_detailpage&v=tyeJ55o3El0 • https://www.youtube.com/watch?v=tyeJ55o3El0

47. Contact Information Col. Richard Powell, Chief Deputy Sedgwick County Sheriff’s Office 141 W. Elm Wichita, Ks, 67203 316-660-3900 office 316-660-3248 fax richard.powell@sedgwick.gov email www.sedgwickcounty.org/sheriff web