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Committee approves bill setting process for appointing Article V convention delegates
Summary
The Committee on Federal and State Affairs passed HB 2065, which establishes procedures for appointing, certifying and disciplining Kansas delegates to a potential Article V convention; the measure passed on a voice vote with several members asking for recorded no votes.
The Committee on Federal and State Affairs voted to pass House Bill 2,065, a measure that lays out how Kansas would appoint and manage delegates if an Article V convention of states is called.
Mike Hyam, Reviser of Statutes Office, told the committee HB 2,065 "is a procedure for the appointment of delegates if there is an Article V convention of the states." The bill specifies which state officers and legislative leaders would make appointments, sets term lengths tied to the duration of a convention, creates procedures for filling vacancies and recall, and requires the Secretary of State to certify delegates in writing.
The measure also requires appointed delegates to take an oath and includes an enforcement pathway if a delegate exceeds the authority given by appointing officials. Hyam said violations could be reviewed by a coordinating counsel and referred to the attorney general for criminal prosecution; the transcript describes a potential charge as "a severity level 6 non person felony." Representative Osman asked whether delegates could be barred from participating if a convention expanded its scope; Hyam replied, "I assume they could be given a broader authority by the appointing authority, which, but, otherwise, yes."
Representative Smoyer moved that the committee pass HB 2,065 favorably; Representative Ward seconded. After a voice vote, the chair declared the motion passed. Committee staff recorded several individual votes: Representatives Meyer, Haskins, Moseley, Clayton, Reese and Miller were recorded as voting no; Representatives Sanders and Wagner were recorded as voting yes; one speaker recorded "Representative Swartz ... yes." The committee did not announce a full roll-call tally in the transcript.
The bill assigns certain administrative support roles to legislative clerks and provides for legal counsel to be made available to delegates in their official functions. The bill's language as discussed by the reviser ties delegate terms to the life of a convention, outlines recall and vacancy procedures, and requires written certification from the Secretary of State before a delegate may act.
With the committee's favorable report, HB 2,065 advances to the next stage of the legislative process.
No additional votes or amendments were recorded on the bill in the transcript.
