48-1301: Short title.
This act shall be known as the "emergency interim legislative succession
act."
History: L. 1961, ch. 252, § 1; June 30.
48-1302: Declaration of policy.
The legislature declares: (1) That recent technological developments
make possible an enemy attack of unprecedented destructiveness, which may
result in the death or inability to act of a large proportion of the
membership of the legislature; (2) that to conform in time of attack to
existing legal requirements pertaining to the legislature would be
impracticable, would admit of undue delay, and would jeopardize continuity
of operation of a legally constituted legislature; and (3) that it is
therefore necessary to adopt special provisions as hereinafter set out for
the effective operation of the legislature.
History: L. 1961, ch. 252, § 2; June 30.
48-1303: Definitions.
As used in this act: (a) "Attack" means any action or series of actions
taken by an enemy of the United States resulting in substantial damage or
injury to persons or property in this state whether through sabotage,
bombs, missiles, shellfire, or atomic, radiological, chemical,
bacteriological, or biological means or other weapons or methods.
(b) "Unavailable" means absent from the place of session (other than on
official business of the legislature), or unable, for physical, mental or
legal reasons, to exercise the powers and discharge the duties of a
legislator, whether or not such absence or inability would give rise to a
vacancy under existing constitutional or statutory provisions.
History: L. 1961, ch. 252, § 3; June 30.
48-1304: Designation of emergency interim successors to legislators.
In the event any legislator is unavailable following an attack, then, an
emergency interim successor shall be designated as hereinafter provided.
(a) If the legislator is from a representative district or senatorial
district which comprises only one county, the emergency interim successor
shall be designated by the county committee of the political party of which
such legislator is a member in like manner as provided in K.S.A. 25-319 [*]
for the filling of vacancies in the legislature.
(b) If the legislator is from a senatorial district comprising more than
one county the emergency interim successor shall be designated by the
senatorial district committee of the political party of which such
legislator is a member in like manner as provided by K.S.A. 25-320 [*]
for the filling of vacancies in the legislature.
History: L. 1961, ch. 252, § 4; June 30.
48-1305: Status, qualifications of emergency interim successors.
An emergency interim successor is one who is designated for possible
temporary succession to the powers and duties, but not the office, of a
legislator. No person shall be designated or serve as an emergency interim
successor unless he or she may under the constitution and statutes hold
the office of the legislator to whose powers and duties he or she is designated
to succeed, but no constitutional or statutory provision prohibiting a legislator from
holding another office or prohibiting the holder of another office from
being a legislator shall be applicable to an emergency interim successor.
History: L. 1961, ch. 252, § 5; L. 1965, ch. 338, §
1; June 30.
48-1306: Oath of emergency interim successors.
Promptly after designation each emergency interim successor shall take
the oath required for the legislator to whose powers and duties he or she is
designated to succeed. No other oath shall be required.
History: L. 1961, ch. 252, § 6; June 30.
48-1307: Duty of emergency interim successor.
Each emergency interim successor shall keep himself or herself generally
informed as to the duties, procedures, practices and current business of the
legislature, and each legislator shall assist his or her emergency interim
successors to keep themselves so informed.
History: L. 1961, ch. 252, § 7; June 30.
48-1308: Place of legislative session.
Whenever in the event of an attack, the governor deems the place of
session then prescribed to be unsafe, the governor may change it to any
place in the state which he or she deems safer and convenient.
History: L. 1961, ch. 252, § 8; June 30.
48-1309: Convening of legislature in event of attack.
In the event of an attack, the governor shall call the legislature into
session as soon as practicable, and in any case within ninety days
following the inception of the attack. If the governor fails to issue such
call, the legislature shall, on the ninetieth day from the date of
inception of the attack, automatically convene at the place where the
governor then has his or her office. Each legislator or his or her emergency
interim successor shall proceed to the place of session as expeditiously as
practicable. At such session or at any session in operation at the
inception of the attack, and at any subsequent sessions, limitations on the
length of session and on the subjects which may be acted upon shall be
suspended.
History: L. 1961, ch. 252, § 9; June 30.
48-1310: Assumption of powers and duties of legislator by emergency
interim successor.
If in the event of an attack a legislator is unavailable, his or her emergency
interim successor shall exercise the powers and assume the duties of such
legislator. An emergency interim successor shall exercise these powers and
assume these duties until the incumbent legislator, or a legislator
appointed or elected and legally qualified can act. Each house of the
legislature shall, in accordance with its own rules, determine who is
entitled under the provisions of this act to exercise the powers and assume
the duties of its members. All constitutional and statutory provisions
pertaining to ouster of a legislator shall be applicable to an emergency
interim successor who is exercising the powers and assuming the duties of a
legislator.
History: L. 1961, ch. 252, § 10; June 30.
48-1311: Privileges, immunities and compensation of emergency interim
successors.
When an emergency interim successor exercises the powers and assumes the
duties of a legislator, the successor shall be accorded the privileges and
immunities, compensation, allowances and other perquisites of office to which a
legislator is entitled. In the event of an attack, each emergency interim
successor, whether or not called upon to exercise the powers and assume the
duties of a legislator, shall be accorded the privileges and immunities of
a legislator while traveling to and from a place of session and shall be
compensated for travel in the same manner and amount as a legislator.
This section shall not in any way affect the privileges, immunities,
compensation, allowances or other perquisites of office of an incumbent
legislator.
History: L. 1961, ch. 252, § 11; June 30.
48-1312: Quorum and vote requirements.
In the event of an attack (1) quorum requirements for the legislature
shall be suspended; and (2) where the affirmative vote of a specified
proportion of members for approval of a bill, resolution or other action
would otherwise be required, the same proportion of those voting thereon
shall be sufficient.
History: L. 1961, ch. 252, § 12; June 30.
48-1313: Termination of operation of provisions of this act.
The authority of emergency interim successors to succeed to the powers
and duties of legislators, and the operation of the provisions of this act
relating to quorum, the number of affirmative votes required for
legislative action, and limitations on the length of sessions and the
subjects which may be acted upon, shall expire two years following the
inception of an attack, but nothing herein shall prevent the resumption
before such time of the filling of legislative vacancies and the calling of
elections for the legislature in accordance with applicable constitutional
and statutory provisions. The governor, acting by proclamation, or the
legislature, acting by concurrent resolution, may from time to time extend
or restore such authority or the operation of any of such provisions upon
finding that events render the extension or restoration necessary, but no
extension or restoration shall be for a period of more than one year.
History: L. 1961, ch. 252, § 13; June 30.