Kansas State Legislature
|Kansas State Legislature|
|2013 session start:||January 14, 2013|
|Website:||Official Legislature Page|
|Senate President:||Stephen Morris (R)|
|House Speaker:||Michael O'Neal (R)|
|Majority Leader:|| Jay Emler (R) (Senate),|
Arlen Siegfreid (R) (House)
|Minority leader:|| Anthony Hensley (D) (Senate),|
Paul Davis (D) (House)
|Members:||40 (Senate), 125 (House)|
|Length of term:||4 years (Senate), 2 years (House)|
|Authority:||Art 2, Kansas Constitution|
|Salary:||$88.66/day + per diem|
|Last Election:||November 6, 2012 |
40 seats (Senate)
125 seats (House)
|Next election:||November 4, 2014|
|Redistricting:||Kansas Legislature has control|
The State Legislature meets at the Kansas State Capitol in Topeka.
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 state or a slave state. The act created a rush of both abolitionist Northern and pro-slavery Southern immigrants to 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.
The Bogus Legislature
During Kansas' first elections for a territorial government on March 30, 1855, nearly 5,000 Missouri "Border Ruffians" led by federal Senator David Rice Atchison and his followers, crossed the territorial border to stuff ballot boxes with votes for pro-slavery candidates. Using their overwhelming numbers, the Missouri Border Ruffians elected 37 out of 38 candidates for the Territorial Legislature. Free-Staters immediately called foul, naming the new Kansas Territorial Legislature, the "Bogus Legislature." Upon convening in Pawnee and shortly later at the Shawnee Methodist Mission, the Legislature began crafting over a thousand pages of laws aimed at making Kansas a slave state.
The Four Constitutions and the Battle for Legitimacy
In response to the illegitimacy of the Bogus Legislature, Free-Staters convened their own unauthorized shadow legislature and territorial government in Topeka, crafting their own Topeka Constitution in late 1855. While the document was debated and submitted to a vote to the territory, it was never accepted by the federal government as it considered the Free-State body illegitimate and in rebellion. The pro-slavery Legislature's response to the Free-Staters and growing violence was the writing of 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 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 the same fate as previous documents when the U.S. Congress refused to ratify it.
Following the Leavenworth Constitution's defeat, the 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 Legislature successfully passed the document, and submitted it to public referendum. It was passed by the Kansas electorate on October 4, 1859.
Statehood and the American Civil War
Following long debates in both the U.S. House of Representatives and the U.S. Senate, on January 29, 1861, President James Buchanan authorized Kansas to become the 34th state of the United States. It had entered into the Union as a free state. Only six days later, the Confederate States of America formed between seven Southern states that had seceded from the United States in the previous two months.
Partisan balance 1992-2013
Kansas State Senate: Throughout every year from 1992-2013, the Republican Party was the majority in the Kansas State Senate. The Kansas State Senate is one of 13 state senates that was Republican for more than 80 percent of the years between 1992-2013. During the final three years of the study, Kansas was under Republican trifectas.
Across the country, there were 544 Democratic and 517 Republican State Senates from 1992-2013.
Kansas State House of Representatives: From 1992-2013, the Democratic party was the majority in the Kansas State House of Representatives for the first year while through the last 21 years the Republican Party was the majority. The Kansas State House of Representatives is one of nine state Houses that was Republican for more than 80 percent of the years between 1992-2013. During the final three years of the study, Kansas was under Republican trifectas.
Across the country, there were 579 Democratic and 482 Republican State Houses of Representatives from 1992-2013.
Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states have divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.
Article 2 of the Kansas Constitution establishes when the Legislature is to be in session. Section 8 of Article 2 states that the Legislature is to convene on the second Monday of January of each year. Section 8 also limits the length of regular sessions in even-numbered years to ninety calendar days, but it allows these sessions to be extended by a two-thirds affirmative vote of both houses. In 2010, this kind of extension occurred, moving the session's adjournment date from March 30th to May 28th.
Bills may be pre-filed between sessions in odd years and sessions in even years for consideration during the following sessions.
- See also: Dates of 2013 state legislative sessions
In 2013, the Legislature will be in session from January 14 through April 29 (estimated).
Major issues to be addressed in 2013 include school funding, a settlement between tobacco companies and the state, mental health funding, KanCare, illegal immigration, pension system changes, shifting taxes to the local level, and liquor sales.
- See also: Dates of 2012 state legislative sessions
In 2012, the Legislature was scheduled to be in session from January 9 through May 14. However, due to infighting among Republicans, the session had to be extended through the 20th. Major issues which remained unresolved included education funding, state employee pension reform, redistricting and the budget. Gov. Sam Brownback (R) stated, “I think it’s reasonable for people to say they should have gotten things done in 90 days. My hope is that they wrap it up here pretty soon.”
Alongside the budget, legislators considered reforming the school financing formula and expanding Medicaid's managed care system.
- See also: Dates of 2011 state legislative sessions
In 2011, the Legislature was in session from January 10-June 1, 2011.
Business tax deductions
In the 2011 session, the legislature allowed "expensing," a way for businesses to receive larger tax deductions for start-up costs such as new equipment and software. 
In July, state revenue officials forecast a revenue surplus of at least $175 million for FY 2011 (July 2010-July 2011), a pleasant windfall for policymakers that had cut $800 million out of the FY 2012 budget not six months ago. In response, state education administrators petitioned lawmakers to restore some of the funding for schools that was eliminated as part of Governor Sam Brownback's austerity measures.
Board of Education member Sue Storm was pessimistic about the prospect of reversing the cuts, which saw aid to Kansas public schools drop about $232 per pupil in the 2012 fiscal year. Others argued the board should ask for only a percentage of the funds back as a way to improve relations with austerity-minded legislators. Given the Republican legislative majority had proposed eliminating the state's corporate income tax entirely in the 2011 session, a measure that would cost the states about $200 million annually, House Majority Leader Paul Davis saw little reason to substantial increases in funding. He also noted the funding increases would need to be approved during the 2012 session in the midst of an election campaign, when legislators would continue to advocate for tax cuts.
- See also: Dates of 2010 state legislative sessions
In 2010, the Legislature's regular session was scheduled to last from January 11th to March 30th. However, the session was extended, and it did not adjourn until May 28th.
Elections for the office of Kansas House of Representatives were held in Kansas on November 2, 2010.
Legislature pay cut
Kansas House members voted Feb. 9, 2010, to cut their pay and the salaries of other top elected and appointed officials by 5 percent to help balance the state’s fiscal year 2010 budget. State Rep. Melvin Neufeld, R-Ingalls, proposed the cuts in an amendment to legislation ratifying cuts made the previous year by Kansas Gov. Mark Parkinson, a Democrat.
Neufeld estimated the measure to cut the pay of all elected state officials, judges, cabinet secretaries and appointed state officials by 5 percent would save the state $1.5 million by the end of the current fiscal year June 30. Revenue estimates prepared in early February by the Kansas Legislative Research Department showed that declining revenues would likely leave a negative balance of $39 million in the 2010 budget. The pay cut became effective March 11, 2010.
- See also: Redistricting in Kansas
The Kansas Legislature handles redistricting. Both chambers have a Reapportionment Committee that presenst plans to the chamber at large. Gubernatorial veto is not present, but all plans must be reviewed by the Kansas Supreme Court. Kansas uses adjusted census figures to account for non-residents in school or the military.
Kansas received its local census data on March 3, 2012. The state grew by 6.1 percent to over 2.58 million, with growth concentrated in the northeast corner of the state and the remainder largely showing slight declines. (The adjusted total was about 14,000 less than the federal figure.) Wichita grew by 11.1 percent, Overland Park grew by 16.3 percent, Kansas City decreased by 0.7 percent, Topeka grew by 4.2 percent, and Olathe grew by 35.4 percent.
The Legislature attempted redistricting in its 2012 session. Against custom, which had the chambers passing their own maps, the Senate passed revisions to a new House map, and the House passed a map for the Senate; neither chamber was amenable to the other's actions. On May 20, the Legislature adjourned amid deadlock, meaning the courts would have to decide the new boundaries.
- See also: Comparison of state legislative salaries
As of 2013, members of the Kansas legislature are paid $88.50/day. Additionally, legislators receive $118/day per diem tied to the federal rate.
As of 2011, when pensions are calculated for Kansas legislators, their normal annual salary is inflated by nearly $78,000. This is composed of $32,982, which comes from multiplying their daily salary by 372 (the number of days they would work if in session every day and if every month had 31 days), $45,756 from adding in their daily per diem (also based on 372 days), and $7,083 from expense payments. According to Sen. Steve Morris, this is intended as compensation because of low legislative salaries which are seen as difficult to raise.
When sworn in
Kansas legislators assume office the second Monday of January after their election.
The Kansas Senate is the upper house of the Kansas Legislature. It is composed of 40 Senators representing an equal amount of districts. Each member represents an average of 71,328 residents, as of the 2010 Census. After the 2000 Census, each member represented 67,210. Members of the Senate are elected to a four year term without term limits.
Like other upper houses of state and territorial legislatures and the federal U.S. Senate, the Senate is reserved with special functions such as confirming or rejecting gubernatorial appointments to executive departments, the state cabinet, commissions and boards.
Leadership of the Senate
The President of the Senate presides over the body, appointing members to all of the Senate's committees and joint committees, and may create other committees and subcommittees if desired. Unlike other states, the Lieutenant Governor of Kansas does not preside over the Senate. Since a 1972 amendment to the Kansas Constitution, the Lieutenant Governor's duties have been severed from the legislative branch, and is active in other areas of the Kansas state government such as commissions on military affairs and health insurance. In the Senate President's absence, the Vice-President presides.
|Party||As of May 2013|
House of Representatives
The Kansas House of Representatives is the lower house of the Kansas Legislature. It is composed of 125 Representatives from an equal amount of constituencies. Each member represents an average of 22,825 residents, as of the 2010 Census. After the 2000 Census, each member represented 21,507. Representatives are elected to a two year term. Like the Kansas Senate, the Kansas House of Representatives does not have term limits.
Leadership of the House
The Speaker of the House presides over the House of Representatives. The Speaker is elected by the majority party caucus followed by confirmation of the full House through the passage of a House Resolution. In addition to presiding over the body, the Speaker is also its chief leadership position, and controls the flow of legislation and committee assignments. Other House leaders, such as the majority and minority leaders, are elected by their respective party caucuses relative to their party's strength in the chamber.
|Party||As of May 2013|
Joint Legislative Committees
The Kansas State Legislature has 19 joint standing committees.
- Joint Committee on Administrative Rules and Regulations
- Joint Committee on Arts and Cultural Resources
- Joint Committee on Children's Issues
- Joint Committee on Corrections and Juvenile Justice Oversight
- Joint Committee on Economic Development
- Joint Committee on Energy and Environmental Policy
- Joint Committee on Health Policy Oversight
- Joint Committee on Home and Community Based Services Oversight
- Joint Committee on Information Technology
- Joint Committee on Kansas Security
- Joint Committee on Legislative Budget
- Joint Committee on Legislative Coordinating Council
- Joint Committee on Legislative Educational Planning
- Joint Committee on Legislative Post Audit
- Joint Committee on Parole Board Oversight
- Joint Committee on Pensions, Investments and Benefits
- Joint Committee on Special Claims against the State
- Joint Committee on State Building Construction
- Joint Committee on State-Tribal Relations
- ↑ Kansas Joint Rule 4(i)
- ↑ Lawrence Journal World, "Key issues expected during the 2013 legislative session," January 13, 2013
- ↑ Kansas City Star, "Republican infighting forces Kansas Legislature to extend session," May 12, 2012
- ↑ Topeka Capital Journal, "Legislative session to start Monday," January 8, 2012
- ↑ Stateline.org, States balance budgets with cuts, not taxes, June 15, 2011
- ↑ Kansas City Star, "Kansas Education Board wants state’s school funding restored," July 17, 2011.
- ↑ 2010 session dates for Kansas Legislature
- ↑ KansasReporter.org "Kansas House votes 5 percent pay cut for officials, judges" 9 Feb. 2010
- ↑ U.S. Census Bureau, "U.S. Census Bureau Delivers Kansas' 2010 Census Population Totals, Including First Look at Race and Hispanic Origin Data for Legislative Redistricting," March 3, 2011. Retrieved August 20, 2012.
- ↑ NCSL.org, "2012 State Legislator Compensation and Per Diem Table," accessed March 18, 2013
- ↑ USA Today, "State lawmakers pump up pensions in ways you can't," September 23, 2011
- ↑ Population in 2010 of the American states
- ↑ Population in 2000 of the American states
- ↑ Population in 2010 of the American states
- ↑ Population in 2000 of the American states
State of Kansas
|State executive officers||
Governor | Lieutenant Governor | Attorney General | Secretary of State | Treasurer | Commissioner of Education | Commissioner of Insurance | Secretary of Agriculture | Secretary of Wildlife and Parks | Secretary of Labor | Corporation Commission |
Open Records Act | Transparency Checklist | Government corruption reports | Transparency Legislation | Open Records procedures | Transparency Advocates | State budget | Taxpayer-funded lobbying associations |