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Kansas Legislature

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The Wyandotte Constitution is the constitution of the U.S. state of Kansas . Amended many times (including a universal suffrage amendment in 1912), the Wyandotte Constitution is still the constitution of Kansas .

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71-486: The Kansas Legislature is the state legislature of the U.S. state of Kansas . It is a bicameral assembly , composed of the lower Kansas House of Representatives , with 125 state representatives, and the upper Kansas Senate , with 40 state senators. Representatives are elected for two-year terms, senators for four-year terms. Prior to statehood, separate pro-slavery and anti-slavery territorial legislatures emerged, drafting four separate constitutions, until one

142-439: A parliamentary system , or any other system of government, if it so desired. In 27 states, the legislature is called the legislature or the state legislature , while in 19 states the legislature is called the general assembly . In Massachusetts and New Hampshire , the legislature is called the general court , while North Dakota and Oregon designate the legislature the legislative assembly . The responsibilities of

213-401: A bill from a committee", which led to subsequent reforms. Reports of Committee After a committee has completed work on a bill, it reports the bill to the appropriate house during the "reports of committees" in the daily order of business. Reported bills are immediately given a second reading. The houses do not vote on a bill at the time it is reported; however, reported bills are placed on

284-476: A climate of intimidation and open violence , the Lecompton Constitution was voted to be the constitution of Kansas, and would have made Kansas a slave state. All that was left to do was send it to Washington D.C. After a rigorous national debate over the topic, it was overruled, and the people of Kansas were set to vote on the four constitutions again. The Wyandotte Constitution was approved in

355-562: A committee to "kill" a bill, sometimes without even a public vote; in Colorado, the power was notably repealed in a citizen initiative constitutional amendment in 1988 driven by various reform groups. When a committee refuses to vote a bill out of committee, a discharge petition can be passed by the broader membership. The specifics vary from state to state; for example, in 2004, a report found that New York State "places more restrictions than any other state legislature on motions to discharge

426-501: A constitutional question as to the expiration of the two-year terms for which Governor Charles L. Robinson and the chief administrative officers were elected, with Robinson's opponents calling for a November 1861 election. Robinson refused to permit the canvassing of votes for the offices in the 1861 election and his position was upheld by the Kansas Supreme Court. The state legislature brought impeachment trials against

497-601: A free state became effective January 29, 1861. The constitution settled the terms of Kansas ' admission to the United States , particularly establishing that it would be a free state rather than a slave state . The constitution represented a pragmatic compromise over hotly contested issues: it rejected slavery and affirmed separate property rights for married women and their right to participate in school elections, but also denied universal suffrage for women, blacks, and Indians. Solon O. Thacher of Lawrence gave

568-506: A majority party, this is known as the majority being "rolled". When there are bills which most of the majority oppose, roll rates are a measure of the majority party's avoidance of voting on those bills. Committee review Committees review bill, often holding hearings to gather information and opinions, and can propose amendments to bill similar to legislative bodies throughout the world. Most bills cannot be enacted into law until it has been referred to, acted upon by, and returned from,

639-791: A referendum by a vote of 10,421 to 5,530 on October 4, 1859. In April, 1860, the United States House of Representatives voted 134 to 73 to admit Kansas under the Wyandotte Constitution; however, there was resistance in the United States Senate . As 11 slave states seceded from the Union, their senators left their seats and on January 21, 1861, the Senate passed the Kansas bill. The admission of Kansas as

710-538: A rousing speech opposing the exclusion of African-Americans from Kansas. The motion to exclude African-Americans was subsequently defeated, despite the fact that previously, "all the Democrats and a few of the Republicans favored the exclusion." Another issue delegates considered was that of women's rights. Clarina Nichols , social activist and associated editor of Quindaro Chindowan , an abolitionist newspaper,

781-417: A standing committee in each house. Reference to committee usually follows the first reading of the bill. Each committee is set up to consider bills relating to a particular subject. Standing committees are charged with the important responsibility of examining bills and recommending action to the Senate or House. Often on days when a legislature is not in session, the committees of each house meet and consider

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852-792: A state legislature vary from state to state, depending on state's constitution . The primary function of any legislature is to create laws. State legislatures also approve budget for state government. They may establish government agencies, set their policies, and approve their budgets. For instance, a state legislature could establish an agency to manage environmental conservation efforts within that state. In some states, state legislators elect other officials, such as governor. State legislatures often have power to regulate businesses operating within their jurisdiction. They also regulate courts within their jurisdiction. This includes determining types of cases that can be heard, setting court fees, and regulating attorney conduct. Other responsibilities Under

923-451: Is available to ensure that legislation and accompanying discussion proceed as orderly as possible without bias. Bill drafting and submission The lawmaking process begins with the introduction of a bill in either the House of Representatives or the Senate. Bills may be introduced in either house, sometimes with the exception of bills increasing or decreasing revenue, which must originate in

994-540: Is called the Nebraska Legislature , but its members are called state senators. The first bicameral American legislature was formed in 1619 as the Virginia House of Burgesses . The legislatures of the initial Thirteen Colonies usually consisted of an elected lower house and an appointed upper house , the latter of which also functioned as an advisory council to the colonial governor. After

1065-488: Is done by committees. The legislature as a whole relies on its committees to report out only those bills deserving the consideration of the entire house. Through standing committees, each bill is addressed by a group of members who have special knowledge of its subject. Some members of the legislature have expert knowledge of particular subjects of legislation, and these members are usually placed on committees to take full advantage of this specialized knowledge. For this reason,

1136-711: Is headquartered in Denver, Colorado and has a lobbying office in Washington, D.C. Additionally, privately funded organizations with ideological leanings have annual meetings attracting many legislators. These include the American Legislative Exchange Council (ALEC), a conservative organization, and the State Innovation Exchange (SIX), its progressive counterpart. As of 2017, 24 of 99 chambers have limits on

1207-413: Is not considered by the full house, the bill is defeated. The house of origin, upon return of its amended bill, may take any one of several courses of action. It may concur in the amendment by the adoption of a motion to that effect; then the bill, having been passed by both houses in identical form, is ready for enrollment. Another possibility is that the house of origin may adopt a motion to non-concur in

1278-521: Is printed and distributed to members of the house of origin, and it is referred to a standing committee . Standing committee chairs decide whether or not to hear a bill and members of the committee can submit amendments to the bill. After consideration and discussion, the committee votes on whether or not to send a committee report to the Committee of the Whole. While under consideration by the Committee of

1349-586: Is the non-partisan audit arm of the Kansas Legislature. Kansas Legislative Research Department [3] KLRD staff members provide nonpartisan, objective research and fiscal analysis for members of the Kansas Legislature. Legislative Office of Information Services [4] The office provides information technology support to Legislators and Legislative support staff. Office of the Revisor of Statutes [5] The office provides legislative legal expertise to

1420-586: The American Revolution and the establishment of the United States, most states wrote new constitutions which had direct elections for both chambers of the legislature. This model helped influence the U.S. Constitution and was then adopted by new states which later joined the union . Members of the smaller chamber represent more citizens and usually serve for longer terms than members of the larger chamber, generally four years. In 41 states,

1491-524: The Confederate States of America was formed. The first Kansas impeachments occurred in 1862, brought about in part by Republican Party infighting in the state. The election of state officers under the Wyandotte Constitution took place in December 1859, but because of the delay in approving Kansas's statehood, they did not take their positions until February 1861. The lapse of time created

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1562-508: The Ku Klux Klan , resulting in their expulsion from the state. The Kansas Legislature adopted the flag of Kansas in 1927. Since 1966, the legislature holds annual general sessions. Previously, the session in odd-numbered years was of unlimited duration while in even-numbered years the session was limited to 60 calendar days (unless two-thirds of the elected members of each house voted to extend it). A constitutional amendment adopted at

1633-437: The U.S. Senate , because that chamber's makeup is prescribed by the U.S. Constitution .) During a legislative session , the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves

1704-404: The governor and to try articles of impeachment. (In a few states, a separate executive council, composed of members elected from large districts, performs the confirmation function.) Nebraska originally had a bicameral legislature like the other states, but the lower house was abolished following a referendum, effective with the 1936 elections. The remaining unicameral (one-chamber) legislature

1775-476: The governor . The Kansas Territory was created out of the Kansas–Nebraska Act in 1854. In several of the provisions of the act, the law allowed the settlers of the newly created territory to determine, by vote, whether Kansas, once statehood was achieved, would be entered as either a free or a slave state . The act created a rush of both abolitionist Northern and pro-slavery Southern immigrants to

1846-465: The 1974 general election extended the duration of the session held in the even-numbered years to 90 calendar days, still subject to extension by a vote of two-thirds of the elected membership of each house. The Kansas Legislature is composed of 165 part-time legislators, meeting normally once a year. Meetings begin in January and usually will last for a period of 90 days. The governor of Kansas retains

1917-480: The 50 U.S. states . A legislature generally performs state duties for a state in the same way that the United States Congress performs national duties at the national level. Generally, the same system of checks and balances that exists at the federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary . A state is permitted to use

1988-544: The Constitution of the State of Kansas, with the following boundaries, to wit: Beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence running west on said parallel to the twenty-fifth meridian of longitude west from Washington ; thence north on said meridian to the fortieth parallel of north latitude ; thence east on said parallel to

2059-418: The House of Representatives. The order of business in each house provides a proper time for the introduction of bills. Bills are usually assigned consecutive numbers, given in the order of their introduction, to facilitate identification. Usually a bill cannot become enacted until it has been read on a certain number of days in each house. Upon introduction, a bill is usually read by its title only, constituting

2130-580: The Kansas Legislature. Attorneys in the office are responsible for drafting bills and other legislation, staffing legislative committees, publishing the Kansas Statutes Annotated, and offering legal consultation to members of the Kansas Legislature State legislature (United States) [REDACTED] [REDACTED] In the United States , the state legislature is the legislative branch in each of

2201-847: The National Conference of The Council of State Governments (CSG), headquartered in Lexington, Kentucky, with offices in Washington, DC; New York City; Chicago; Atlanta; and Sacramento, and at the annual meetings of CSG's regions, The Southern Legislative Conference, The Midwestern Legislative Conference, the Eastern Regional Conference and CSG West, and at the Legislative Summit of the National Conference of State Legislatures , which

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2272-591: The Secretary of the Senate are responsible for the operations of the respective chambers under the direction of elected leadership. Legislative Administrative Services [1] Legislative Administrative Services provides administrative and technical support for the Kansas Legislature and general public, as directed by the Legislative Coordinating Council. Legislative Division of Post Audit [2] The Kansas Legislative Division of Post Audit

2343-412: The Whole, amendments can be submitted by state legislators in the house of origin. The final action in the house of origin is a vote by the full membership. Bills go through an identical process in the opposite house of the state legislature. After passage by both houses, a bill is submitted to the governor, who either signs it into law or vetoes it. If vetoed, the bill only becomes law if both houses of

2414-731: The Wyandotte Constitution was held between July 5, 1859 and on July 29, 1859, at Lipman Meyer's Hall just north of Kaw Point in the former community of Wyandotte (which is now part of Kansas City, Kansas , in Wyandotte County, Kansas ). However, there were also three other constitutions made for Kansans to vote on: the Topeka Constitution , the Leavenworth Constitution , and the Lecompton Constitution . After voting took place in

2485-446: The amendment, at which point the bill dies. Finally, the house of origin may refuse to accept the amendment but request that a conference committee be appointed. The other house usually agrees to the request, and the presiding officer of each house appoints members to the conference committee. Conference committees Wyandotte Constitution The Kansas Territory was created in 1854. The largest issue by far in territorial Kansas

2556-494: The basis of representation in most state legislatures was modeled on that of the U.S. Congress : the state senators represented geographical units, while members of the larger chamber represented population. In Reynolds v. Sims the Supreme Court decided upon the one man, one vote standard for state legislatures and invalidated representation based on geographical units regardless of population. (The ruling does not affect

2627-428: The bill, the entire legislature gives consideration to its passage. At this time, the bill may be studied in detail, debated, amended, and read at length before final passage. If the majority vote in favor of the bill, it is recorded as passed. Transmission to second house A bill that is passed in one house is transmitted, along with a formal message, to the other house. If the bill is not reported from committee or

2698-413: The bills that have been referred to them to decide if the assigned bills should be reported for further action. For most bills, the recommendations of the committee are followed, although either house is free to accept or reject the action of the committee. Bills reported favorably by a committee may be placed on a regular calendar (the agenda of the deliberative body). Most of the work of the legislature

2769-489: The building until March 24, 1903. On February 19, 1881, Kansas became the first state to amend its constitution to prohibit all alcoholic beverages . This action was spawned by the temperance movement , and was enforced by the ax-toting Carrie Nation beginning in 1888. After 1890, prohibition was joined with progressivism to create a reform movement. Kansas did not repeal prohibition until 1948, and even then it continued to prohibit public bars until 1987. The Populist Party

2840-421: The calendar for the next legislative day. This second reading is made by title only. The regular calendar is a list of bills that have been favorably reported from committee and are ready for consideration by the membership of the entire house. Third reading Regardless of where a bill is placed on the calendar, once the bill is considered and adopted, this is called the third reading. At this third reading of

2911-651: The chamber but later met in separate locations in the Kansas State Capitol after the Republican-led House took control of the chamber on February 15, 1893. The Kansas Supreme Court eventually sided with the Republicans and the Populist-led House disbanded. The state legislature was a leader in child labor reform, enacting a law in 1905 to restrict children under 14 from working in factories, meatpacking houses, or mines. Kansas

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2982-482: The document was debated and submitted to a vote in the territory, it was never accepted by Congress. The pro-slavery territorial legislature's response to the Free-Staters and growing violence was the Lecompton Constitution in 1857. Due to an electoral boycott by abolitionist groups and the questions regarding the validity of the legislature itself, it never officially became law. While the Lecompton Constitution

3053-412: The document, and submitted it to public referendum. It was ratified by the Kansas electorate on October 4, 1859. Southern senators blocked the admission of Kansas as a free state, which would have added to the number of free state senators. When they withdrew after seven states seceded , in January of 1861, Kansas's admission as a free state, effective January 29, was approved within hours. On February 8,

3124-424: The first reading of the bill. Because a bill is usually read by title only, it is important that the title give the members notice of the subject matter contained in the bill. A 2013 study of state legislatures found that of the 99 studied, about half, 53, had roll rates below 5% . And most, 83, had roll rates below 10% . When a bill passes where most votes are from the minority party and "moderate" members of

3195-400: The former were more numerous, if one accepted at face value their claim to be genuine Kansas residents. The result was duelling constitutions: for several years Kansas had two governments, in two different cities ( Lecompton and Lawrence ), with two constitutions, one pro- and one anti-slavery, each claiming to be the only legitimate government of the entire territory. The convention drafting

3266-400: The governor, Kansas Secretary of State J. W. Robinson and State Auditor George S. Hillyer, over what they believed to be the unlawful sale of state bonds to help raise Union troops. They were convicted of selling state bonds in direct violation of the laws of the state, but found innocent of conspiracy and other articles of impeachment. Only three state senators voted to impeach the governor, who

3337-567: The larger chamber is called the House of Representatives. Five states designate the larger chamber the assembly, three states call it the House of Delegates, and one has just one chamber. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment . Prior to the United States Supreme Court decisions Baker v. Carr (1962) and Reynolds v. Sims (1964),

3408-608: The legislature is considered full-time, the session may last all year, with periodic breaks for district work. Some states have varying lengths for odd-numbered and even-numbered years, or allow for a fixed number of either legislative or calendar days. Georgia for example, allows only 40 legislative days per year, and Wyoming allows 60 legislative days per term and no more than 40 per one calendar year. Whereas in Michigan , New Jersey , New York (in odd-numbered years), Ohio , Pennsylvania and Wisconsin (in odd-numbered years),

3479-452: The legislature often accepts the final recommendations of its standing committees. As has been noted, however, the legislature does not completely abdicate its responsibility for the consideration of pending bills. If the need arises, the members of either house can force a committee to take action on a bill, or they can ignore the committee's recommendations. Pocket veto and discharge petitions Pocket veto powers are common, which allows

3550-464: The legislature vote to override the veto with a two-thirds majority of their membership. The Kansas Legislature is supported by five non-partisan staff support agencies: Legislative Administrative Services, Legislative Division of Post Audit, Kansas Legislative Research Department, Office of the Revisor of Statutes, and Office of Information Services. The offices of the Chief Clerk of the House and

3621-399: The manner of appointing the state's presidential electors . Formerly, state legislatures appointed the U.S. Senators from their respective states until the ratification of the 17th Amendment in 1913 required the direct election of senators by the state's voters. Sometimes what the legislature wishes to accomplish cannot be done simply by the passage of a bill, but rather requires amending

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3692-792: The new Kansas Territorial Legislature the Bogus Legislature. After meeting for one week in Pawnee at the direction of Territorial Governor Andrew Reeder , the thirty-eight pro-slavery legislators reconvened at the Shawnee Manual Labor School between July 16 and August 30, 1855, and began crafting over a thousand pages of laws aimed at making Kansas a slave state. Free-Staters convened their own unauthorized shadow legislature and territorial government in Topeka , crafting their own Topeka Constitution in late 1855. While

3763-401: The number of bills that a legislator can introduce per year according to NCSL . Most limits are set by internal legislative rules, while Louisiana's legislature is limited by constitutional amendment. Generally, the legislative bodies and their committees use either Mason's Manual of Legislative Procedure or an amended form thereof. During official meetings, a professional parliamentarian

3834-405: The power to call a special legislative session if needed. A proposed law is introduced in the state legislature as a bill . There are seven basic steps to the life of a bill: the introduction, standing committee action, a vote by the Committee of the Whole, floor passage, action by the second house, action by the governor and publication of the law. When a bill is introduced its title is read, it

3905-574: The residents of the territory would decide the question by vote. This did not work, because there was no accepted definition of who was a resident of the territory and could therefore vote. Hoping to make Kansas a slave state , thousands of " Border Ruffians " from the neighboring slave state of Missouri poured into Kansas, some with the intent to live in Kansas, but more planning to return to Missouri as soon as they had voted. The Massachusetts Anti-Slavery Society and similar groups sponsored free-state farmers who would move to Kansas. The most famous of these

3976-561: The same fate as previous documents when Congress refused to ratify it. Following the Leavenworth Constitution's defeat, the territorial legislature again crafted a new document the following year, dubbed the Wyandotte Constitution . A compromise of sorts, it outlawed slavery in the territory, while removing progressive sections on Native Americans , women, and blacks. The territorial legislature passed

4047-400: The sessions usually last all year. Four state legislatures – Montana , Nevada , North Dakota and Texas – meet only biennially. In the early 1960s, only 19 legislatures met annually, but by the mid-1970s, it had increased to 41. The latest legislature to switch to annual sessions was Oregon in 2011, following a voter-approved ballot measure. Many state legislators meet every year at

4118-414: The state constitution. Each state has specified steps intended to make it difficult to alter the constitution without the sufficient support of either the legislature, or the people, or both. All states except Nebraska have a bicameral legislature. The smaller chamber is called the senate, usually referred to as the upper house. This chamber usually has the exclusive power to confirm appointments made by

4189-433: The state's operating and capital budgets, which may begin as a legislative proposal or a submission by the governor. In most states, a new state legislature convenes in January of the odd-numbered year after the election of members to the larger chamber. The period during which the legislature remains in session varies by state. In states where the legislature is considered part-time, a session may last several months; where

4260-450: The terms of Article V of the U.S. Constitution , state lawmakers retain the power to ratify Constitutional amendments which have been proposed by both houses of Congress and they also retain the ability to call for a national convention to propose amendments to the U.S. Constitution. After the convention has concluded its business 75% of the states will ratify what the convention has proposed. Under Article II , state legislatures choose

4331-457: The territory, hoping that strength through numbers would place Kansas in their camp. Animosities between the newly arrived sides quickly turned into open violence and guerrilla warfare, giving name to this period known as Bleeding Kansas . During Kansas' first elections for a territorial government on March 30, 1855 , nearly 5,000 Missouri men, led by United States Senator David Rice Atchison and other prominent pro-slavery Missourians, entered

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4402-451: The territory, took over the polling places, and elected pro-slavery candidates. The elections resulted in 12 pro-slavery members of the upper house of the territorial legislature and one free-state member, who resigned before taking his seat; the lower house ended up with 25 pro-slavery members and one free-state member, the latter of whom resigned following the ouster of the other Free-State members. Free-Staters immediately cried foul, naming

4473-459: Was John Brown , who told the free-state Kansans that violence was unfortunately necessary if Kansas were to be a free state. He put this into practice himself at the Pottawatomie massacre of 1856. As it was put later by his son John Brown, Jr. , "only force and fire-arms kept slavery out of Kansas". The upshot was that there were sizeable pro- and anti-slavery factions in Kansas, although

4544-466: Was a center of the progressive movement , with support from the middle classes, editors such as William Allen White of the Emporia Gazette , and the prohibitionists. With the help of progressive state legislators, women gained the right to vote through a constitutional amendment approved by Kansans on November 5, 1912. Between 1922 and 1927, there were several legal battles between Kansas and

4615-716: Was a significant third party movement in Kansas during the 1890s and peaked in the fall elections of 1892, when the ticket won the governor's office, four congressional seats, and control of the Kansas Senate . Populists and Republicans both claimed control of the Kansas House of Representatives , with the Populists accusing the Republican Party of election fraud. The dispute resulted in separate Populist-led and Republican-led Houses in 1893 that at first shared

4686-487: Was asked to address the convention. As a result of her efforts, women gained the rights to own property and to participate in school district elections. In addition, the constitution assured that the state would provide for women's equal rights "in the possession of their children." The constitution dramatically reduced the size of the state so its western border did not extend as far as the Rocky Mountains which

4757-485: Was debated, new elections for the territorial legislature in 1857 gave the Free-Staters a majority government, caused in part by a boycott by pro-slavery groups. With this new mandate, the legislature convened to write the Leavenworth Constitution , a radically progressive document for the Victorian era in its wording of rights for women and African-Americans . The constitution was adopted in 1858, though it too suffered

4828-599: Was finally ratified and Kansas became a state in 1861. Republicans hold a long-standing supermajority in both houses of the state legislature, despite a short-lived dominance by the Populist Party. The state legislature approved one of the first child labor laws in the nation. Composed of 165 state lawmakers, the state legislature meets at the Kansas State Capitol in Topeka once a year in regular session. Additional special sessions can be called by

4899-502: Was less directly involved in the sale of the bonds. In 1867, a constitutional amendment was sent to voters to allow women to vote, but failed. State offices began to move from the Old Constitutional Hall to the east wing of the Kansas State Capitol in 1869, which was still undergoing construction. The state legislature first met there in 1870, though the east wing was not completed until 1873. Work would continue on

4970-532: Was part of Kansas Territory and at the time was the height of the Pike's Peak Gold Rush . The three earlier constitutions had set the western border as the Rockies. The land that was given up became part of Colorado Territory . We, the people of Kansas, grateful to Almighty God for our civil and religious privileges, in order to insure the full enjoyment of our rights as American citizens, do ordain and establish

5041-470: Was whether slavery was to be permitted or prohibited; aside from the moral question, which at the time was seen as a religious question, the admission of Kansas to the highly polarized Union would help either the pro- or anti-slavery faction in Congress. As a procedure for resolving the issue, Congress accepted the proposal of Senator Stephen A. Douglas , that the question be settled by popular sovereignty :

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