Kansas Statutes

Chapter 45: Public Records, Documents And Information

Article 3: Legislative Documents

Statutes:

• 45-301: Enrollment, engrossment and printing of bills, resolutions and other papers of the legislature.
• 45-302: Signing of legislative documents by officers; presentation to governor for approval.
• 45-303: Approval of bills by governor.
• 45-304: Veto by governor; return to house of origin; reconsideration by legislature; procedure upon passage over veto; publication.
• 45-304a: Journal entries referring to vetoed bills.
• 45-304b: Veto after adjournment; reconsideration.
• 45-305: Bills becoming law without approval of governor, when.
• 45-306:
• 45-307: Vetoes of items of appropriation of money.
• 45-308: Item vetoes; reconsideration by legislature.
• 45-309: Responsibility for legislative documents; receipts.
• 45-310: Session laws; publication, printing, title and contents.
• 45-311: Certification of session laws; date of publication.
• 45-312: Publication of bills in Kansas register.
• 45-313: Printing of session laws.
• 45-314: Printing of enrolled bills; specifications.
• 45-315: Timetable for printing session laws.
• 45-316: Payment of expenses; approval.
• 45-317: Printing of bills and concurrent resolutions; types.
• 45-318: Printing of executive reorganization orders.

• 45-301: Enrollment, engrossment and printing of bills, resolutions and other papers of the legislature. (a) All bills and resolutions which shall have been finally passed or adopted by both houses of the legislature shall be enrolled by printing at the state printing plant on parchment paper, and such enrolled bills or resolutions shall be taken and held by the legislature and by each house thereof and by all courts to be the only proper enrolled bill or resolution. Papers other than bills or resolutions shall be enrolled only upon direction of the rules of the legislature or by direction of one or both houses thereof and reference in this act to "other papers" means such papers ordered to be enrolled. "Resolution" as used in this act means concurrent resolutions.

        (b)   Bills, resolutions or other papers of the legislature may be transmitted by the chief clerk of the house of representatives or the secretary of the senate to the revisor of statutes for preliminary engrossment, and upon completion of such preliminary engrossment, the same shall be returned to the officer who transmitted it to the revisor of statutes. Notwithstanding any preliminary engrossment of a bill, resolution or other paper the division of printing shall print succeeding versions of each bill or resolution in such form as is provided by K.S.A. 45-317 or in such form as is provided by concurrent resolution hereafter adopted. All bills, resolutions and other papers shall be transmitted to the revisor of statutes for final engrossment upon final passage or adoption by both houses of the legislature. The revisor of statutes shall upon completion of final engrossment of any bill, resolution or other paper return the same to the house of its origin.

        (c)   Upon receipt of each finally engrossed bill, resolution or other paper by the secretary of the senate or the chief clerk of the house, such officer shall cause the same to be inspected, checked and transmitted to the division of printing for printing of the enrolled version of such bill, resolution or other paper. Upon receipt by the division of printing of any finally engrossed bill, resolution or other paper, it shall be printed in the form of an enrolled bill as provided by this act, and the division of printing shall thereupon return the same to the chief clerk of the house in the case of bills, resolutions and other papers which originated in the house of representatives and to the secretary of the senate in the case of bills, resolutions and other papers which originated in the senate. Upon receipt of any printed enrolled bill, resolution or other paper from the division of printing, the secretary of the senate or the chief clerk of the house, as the case may be, shall cause the same to be proofread, and shall direct the division of printing to correct all errors. The division of printing shall provide individual copies of enrolled bills to the secretary of state, the attorney general, chief clerk of the house of representatives, secretary of the senate and the office of revisor of statutes in such quantities as are requested, subject to distribution as authorized by the legislative coordinating council.

        (d)   Enrolled bills, resolutions and other papers shall be printed in roman style type, except (1) material added to an existing section of the statutes shall be printed in italic style type, and (2) material deleted from an existing section of the statutes shall be printed in canceled type. Enrolled concurrent resolutions for propositions to amend the constitution of the state of Kansas shall be printed in roman style type. Enrolled resolutions of either house and concurrent resolutions may be printed on an embellished parchment with type and other appointments approved by the legislative coordinating council.

        History:   L. 1969, ch. 249, § 1; L. 1973, ch. 208, § 1; L. 1975, ch. 265, § 1; L. 1977, ch. 185, § 1; April 21.

• 45-302: Signing of legislative documents by officers; presentation to governor for approval. (a) In the case of bills, resolutions and other papers originating in the senate, the secretary of the senate shall sign the enrolled bills, resolutions and other papers and present the same to the president of the senate for his or her signature. Thereupon the secretary of the senate shall transmit such enrolled bills, resolutions and other papers to the chief clerk of the house of representatives who shall sign the same after he or she has inspected them and present the same to the speaker of the house for his or her signature. Thereupon the chief clerk of the house shall return such enrolled bills, resolutions or other papers to the secretary of the senate who shall present such enrolled bills to the governor for approval, and such enrolled concurrent resolutions and other papers shall be transmitted by the secretary of the senate to the secretary of state.

        (b)   In the case of bills, resolutions and other papers originating in the house of representatives, the chief clerk of the house shall sign the enrolled bills, resolutions and other papers and present the same to the speaker of the house for his or her signature. Thereupon the chief clerk of the house shall transmit such enrolled bills, resolutions and other papers to the secretary of the senate who shall sign the same after he or she has inspected them and present the same to the president of the senate for his or her signature. Thereupon the secretary of the senate shall return such enrolled bills, resolutions or other papers to the chief clerk of the house who shall present such enrolled bills to the governor for approval, and such enrolled concurrent resolutions and other papers shall be transmitted by the chief clerk of the house to the secretary of state.

        (c)   All bills shall be signed by the speaker of the house of representatives and the president of the senate and shall be presented to the governor within ten (10) days after passage.

        History:   L. 1969, ch. 249, § 2; L. 1975, ch. 265, § 2; Feb. 3.

• 45-303: Approval of bills by governor. If the governor approves any enrolled bill which is presented to him or her, he or she shall sign it and cause the same to be transmitted to the secretary of state, and shall send messages to both houses of the legislature informing them of such approval.

        History:   L. 1969, ch. 249, § 3; L. 1975, ch. 265, § 3; Feb. 3.

• 45-304: Veto by governor; return to house of origin; reconsideration by legislature; procedure upon passage over veto; publication. (a) If the governor does not approve any enrolled bill which is presented to him or her, he or she shall return such enrolled bill, with the governor's veto message, to the house of origin of the bill. A copy of such veto message shall also be delivered to the secretary of state. In all such cases the house of origin of the bill shall enter such veto message in its journal. In all such cases the house of origin shall proceed to reconsider the bill returned by the governor in not more than thirty (30) calendar days (excluding the day received).

        (b)   If after reconsideration of any bill which has been returned by the governor, two-thirds of the members then elected (or appointed) and qualified to the house of origin shall vote to pass the bill, it shall be sent, with the governor's veto message, to the other house, by which it shall also be reconsidered in not more than thirty (30) calendar days (excluding the day received). Thereupon if such bill is approved by two-thirds of the members then elected (or appointed) and qualified, it shall become law. In all cases to which this subsection applies, the affirmative and negative votes shall be entered upon the journals of each house.

        (c)   In the event that any bill is reconsidered and approved by the house of origin after being returned with veto message from the governor, but is not approved by the other house after reconsideration, then such bill shall not become law. Thereupon the secretary or chief clerk of such other house shall prepare a certificate of the failure of such bill, the same to be signed by the secretary and president of the senate or chief clerk and speaker of the house of representatives, as the case may be. One copy of such certificate shall be appended to the bill to which it applies, and one copy shall be transmitted to the other house and one copy shall be transmitted to the secretary of state.

        (d)   If after reconsideration of any bill which has been returned by the governor, with his or her veto message, two-thirds of the members then elected (or appointed) and qualified to the house of origin do not agree to pass the bill such bill shall be sent, with the governor's veto message and with a message from the house of origin which states the action of the house of origin thereon. Thereupon, such bill shall not be considered in the other house, but the message of the house of origin and the veto message of the governor, shall be entered in the journal of the other house.

        (e)   Upon approval of any enrolled bill as provided in this section, the secretary of the senate or the chief clerk of the other house shall prepare a certificate to accompany such enrolled bill. Such certificate shall state that the enrolled bill has been passed notwithstanding the veto of the governor and shall be signed by the secretary and president of the senate and the chief clerk and speaker of the house of representatives. Thereupon the chief clerk of the house of representatives or the secretary of the senate shall deliver such enrolled bill, together with such certificate, to the secretary of state.

        Whenever any bill is to become law under the circumstances specified in this section, the secretary of state shall cause publication to be made thereof as though the enrolled bill had been signed by the governor.

        History:   L. 1969, ch. 249, § 4; L. 1975, ch. 265, § 4; Feb. 3.

• 45-304a: Journal entries referring to vetoed bills. Whenever the governor shall veto a bill and such bill is to be referred to in the journal of the house of representatives or the journal of the senate, it shall be sufficient to refer to the same by its house or senate bill number, except that the entries which report veto messages shall carry the entire title of the enrolled bill. In no case shall the full text of a bill be entered in the journal of either the house or the senate.

        History:   L. 1975, ch. 265, § 15; Feb. 3.

• 45-304b: Veto after adjournment; reconsideration. The governor may veto any bill or item of appropriation within the time specified in the constitution, whether the legislature has adjourned or not. Whenever the legislature adjourns sooner than the time when the governor may return any bill to its house of origin with his or her veto message thereof or an item of appropriation thereof, the concurrent resolution of adjournment shall fix a time for reconvening appropriate to permit reconsideration of any such bill or item of appropriation in case the same may be vetoed.

        History:   L. 1975, ch. 265, § 16; Feb. 3.

• 45-305: Bills becoming law without approval of governor, when. If upon presentation to the governor of any enrolled bill, the governor shall neither approve and sign such enrolled bill nor return the same with his or her veto message to the house of origin of the bill within ten (10) calendar days (excluding the day presented) after it shall have been presented to the governor, such bill shall become law in like manner as if it had been signed by the governor. In cases to which this section applies the enrolled bill shall be deposited by the governor with the secretary of state, but if the bill is not so deposited it shall nevertheless become law. Whenever any bill is to become law under the circumstances specified in this section, the secretary of state shall cause publication to be made thereof as though the enrolled bill had been signed by the governor. No bill shall ever be deemed to have received a pocket veto.

        History:   L. 1969, ch. 249, § 5; L. 1975, ch. 265, § 5; Feb. 3.

• 45-306:

        History:   L. 1969, ch. 249, § 6; Repealed, L. 1975, ch. 265, § 17; Feb. 3.

• 45-307: Vetoes of items of appropriation of money. If any enrolled bill presented to the governor contains more than one item of appropriation of money, the governor may disapprove one or more of such items, while approving the other portion of the bill. In case the governor does so disapprove, a veto message of the governor stating the item or items disapproved, and the reasons therefor, shall be appended to the bill at the time it is signed, and the bill shall be returned with the veto message to the house of origin of the bill. A copy of such veto message shall also be delivered to the secretary of state. Whenever a veto message is so received, the message shall be entered in the journal and, in not more than thirty (30) calendar days, the house of origin shall reconsider the items of the bill which have been disapproved. If two-thirds of the members then elected (or appointed) and qualified shall vote to approve any item disapproved by the governor, the bill, with the veto message, shall be sent to the other house, which shall in not more than thirty (30) calendar days also reconsider each such item so approved by the house of origin, and if approved by two-thirds of all the members then elected (or appointed) and qualified, any such item shall take effect and become a part of the bill.

        History:   L. 1969, ch. 249, § 7; L. 1975, ch. 265, § 6; Feb. 3.

• 45-308: Item vetoes; reconsideration by legislature. Upon approval of any item or items as provided in K.S.A. 45-307, the secretary of the senate or the chief clerk of the house of representatives shall prepare a certificate to accompany the enrolled bill in which such item or items occur. Such certificate shall state that the item or items in the enrolled bill have been approved and passed as provided by law by both the senate and the house of representatives after reconsideration and notwithstanding the veto of the governor. Such certificate shall be signed by the secretary and president of the senate and the chief clerk and speaker of the house of representatives. Thereupon the chief clerk of the house of representatives or the secretary of the senate shall deliver such enrolled bill, together with such certificate to the secretary of state.

        History:   L. 1969, ch. 249, § 8; L. 1975, ch. 265, § 7; Feb. 3.

• 45-309: Responsibility for legislative documents; receipts. Whenever any bill, resolution or other paper is transmitted, delivered or messaged from one body to another body or from one officer to another officer, or from one body to an officer, or from an officer to one or more bodies, a receipt therefor shall be given by the officer receiving the same. The provisions of this section shall apply to the chief clerk of the house of representatives, the secretary of the senate, the secretary of state, the revisor of statutes, the state printer and the governor and all officers acting by or for any of the foregoing. Each such officer shall be responsible for the safety of any and all bills, resolutions and other papers placed in his or her custody by law or under the rules of either house of the legislature or by transmittal, delivery or message as provided in this act.

        History:   L. 1969, ch. 249, § 9; L. 1975, ch. 265, § 8; Feb. 3.

• 45-310: Session laws; publication, printing, title and contents. (a) All acts passed at each session of the legislature shall be published in one or more volumes, under the direction of the secretary of state, as soon as practicable after the close of the session at which the same are passed. Such acts shall take effect and be in force from and after such publication, unless otherwise specifically provided in such act. Such volume or volumes shall also have included therein an index, the veto messages of the governor, if any, all certificates that a bill or item or items of a bill have been approved notwithstanding the governor's veto, if any, and all concurrent resolutions adopted by the legislature, except such resolutions extending congratulations or making a memorial for any decedent. Whenever any bill or act of the legislature shall provide that the same shall be effective from and after its publication in the statute book, the words "publication in the statute book" mean the date of publication of the session laws of Kansas specified in the certificate provided for by K.S.A. 45-311. Nothing contained in this act shall be construed to require the same date of publication for separate volumes of the session laws of Kansas when more than one volume is published for a single legislative session.

        (b)   Such volume or volumes shall be titled and may be cited as "________ Session Laws of Kansas." The blank shall be filled with the numeric designation of the year, in the case of regular sessions, and in the case of special sessions the blank shall be filled with the numeric designation of the year followed by the word "Special." Such title shall be printed on the back of each volume.

        (c)   The sections in such volume or volumes shall be printed in the same manner as the 1967 Session Laws of Kansas, except (1) material added to an existing section of the statutes shall be printed in italic type, and (2) material deleted from an existing section of the statutes shall be printed in canceled type.

        (d)   The secretary of state is authorized and directed to exercise editorial judgment in preparation of such volume or volumes to the end that the purposes of this act are made effective.

        History:   L. 1969, ch. 249, § 10; L. 1972, ch. 197, § 1; L. 1975, ch. 265, § 9; Feb. 3.

• 45-311: Certification of session laws; date of publication. The secretary of state shall prefix to each printed volume of the laws his certificate that the acts and resolutions therein contained are truly copied from the original enrolled acts and other official documents of the legislature, and specifying the date of the publication of such volume. The date of publication so specified shall not be sooner than the date that at least a limited number of the volume are in the office of the secretary of state and shall be July 1 if a limited number of the volume are in the office of the secretary of state on or before July 1, unless an earlier date for any volume is directed by concurrent resolution of the legislature. The date so specified need not be the same as the date when such volume is first actually distributed. The certificates mentioned in this act shall be evidence of the facts contained therein.

        History:   L. 1969, ch. 249, § 11; L. 1972, ch. 197, § 2; March 24.

• 45-312: Publication of bills in Kansas register. In all acts containing a provision for their publication one or more times in the Kansas register, the secretary of state shall attach to the enrolled bill a certificate stating the date of such publication. In the printed volume or volumes of laws there shall be appended to each act so published the date of such publication, and the issue of the Kansas register in which it was published, which shall be evidence of such publication and the date thereof.

        History:   L. 1969, ch. 249, § 12; L. 1975, ch. 265, § 10; L. 1982, ch. 346, § 3; July 1.

• 45-313: Printing of session laws. Paper-bound copies of the laws passed at each legislative session shall be printed in such quantity as the secretary of state determines sufficient.

        History:   L. 1969, ch. 249, § 13; L. 1971, ch. 184, § 22; L. 1978, ch. 199, § 1; L. 1999, ch. 141, § 1; May 20.

• 45-314: Printing of enrolled bills; specifications. The secretary of state shall determine (1) the length and width of the printed page for all enrolled bills and resolutions, and (2) width of the margin on either side and end of such printed page. The enrolled bills and resolutions shall be printed by the division of printing on parchment, or the substantial equivalent therefor.

        History:   L. 1969, ch. 249, § 14; L. 1970, ch. 195, § 1; L. 1975, ch. 265, § 11; L. 1975, ch. 266, § 1; L. 1977, ch. 185, § 2; April 21.

• 45-315: Timetable for printing session laws. The secretary of state shall furnish to the state printer, within twenty (20) days after the sine die adjournment of each legislative session occurring in odd-numbered years and within forty (40) days after the sine die adjournment of the legislative session occurring in even-numbered years, a copy of all acts, resolutions and other matters except the index which are required to be published and bound in the session laws, and in the form required by K.S.A. 45-301. Thereupon the state printer and the secretary of state shall complete preparation and printing of at least a limited number of each volume for publication on or before July 1 of such year. The state printer shall thereafter, as rapidly as practicable, print and deliver to the secretary of state bound copies as provided by law.

        History:   L. 1969, ch. 249, § 15; L. 1972, ch. 197, § 3; L. 1975, ch. 265, § 12; Feb. 3.

• 45-316: Payment of expenses; approval. The director of accounts and reports shall draw his or her warrants upon the state treasurer for services under the provisions of this act, upon vouchers approved by the secretary of state or the director of legislative administrative services. All expenses incurred under this act shall be paid from funds appropriated for legislative expense.

        History:   L. 1969, ch. 249, § 16; L. 1975, ch. 265, § 13; Feb. 3.

• 45-317: Printing of bills and concurrent resolutions; types. The state printer is hereby directed to print each succeeding version of each bill and concurrent resolution to show changes made in each house in a different font of type and to retain material shown in canceled type and italic type in each reprinting of the bill or resolution. The state printer is directed to use the following types for the material indicated:

        (a)   Original new material in italic type, except original new material when the entire section is new material, in which case roman type shall be used and the word "New" shall precede the word "Section" or "Sec." at the beginning of each such entirely new section, and the words "New Section" shall be printed in italic type.

        (b)   Existing material being deleted in roman canceled type.

        (c)   Existing material in roman type.

        (d)   House committee amendments in boldface.

        (e)   New material being deleted in italic canceled type.

        (f)   House committee of the whole amendments in boldface and set off by brackets.

        (g)   Senate committee amendments in boldface italic type.

        (h)   Senate committee of the whole amendments in boldface italic and in brackets.

        (i)   Material other than the foregoing as seems appropriate to the state printer.

        History:   L. 1975, ch. 265, § 14; Feb. 3.

• 45-318: Printing of executive reorganization orders. Whenever an executive reorganization order is transmitted to the houses of the legislature, the same shall be printed in the same manner as 1975 Executive Reorganization Order No. 10 [75-5630 et seq.] by the state printing plant in such numbers as bills are printed.

        History:   L. 1975, ch. 266, § 7; July 1.