Session of 1999
By Committee on Ways and Means

  9             AN  ACT concerning the Kansas racing and gaming commission; relating
10             to compensation of commission members; amending K.S.A. 1998
11             Supp. 74-8803 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 74-8803 is hereby amended to read as
15       follows: 74-8803. (a) There is hereby created the Kansas racing and gam-
16       ing commission, consisting of five members who shall be appointed by
17       the governor, subject to confirmation by the senate as provided by K.S.A.
18       75-4315b and amendments thereto. Except as provided by K.S.A. 1998
19       Supp. 46-2601 and amendments thereto, no person appointed to the com-
20       mission shall exercise any power, duty or function as a member of the
21       commission until confirmed by the senate.
22             (b) Before appointing any person as a member of the commission,
23       the governor shall cause the Kansas bureau of investigation to conduct a
24       criminal history record check and background investigation of the person.
25             (c) The members of the commission shall meet the following
26       qualifications:
27             (1) Each member shall be a citizen of the United States and an actual
28       resident of Kansas at the time of appointment and during such member's
29       term of office with the commission;
30             (2) each member shall have been a resident of Kansas for a contin-
31       uous period of not less than five years immediately preceding appoint-
32       ment to the commission; and
33             (3) no member shall have been convicted of a felony under the laws
34       of any state or of the United States at any time prior to appointment or
35       during such member's term of office with the commission.
36             (d) The governor shall make appointments to the commission in such
37       a manner that:
38             (1) Not more than three members belong to the same political party
39       at the time of appointment and during their terms of office with the
40       commission; and
41             (2) subject to the provisions of K.S.A. 75-4315c and amendments
42       thereto each congressional district has at least one member residing in
43       such district at the time of appointment.

SB 340


  1             (e) Except as provided by subsection (f), each member appointed
  2       before July 1, 1995, shall be appointed for a term of three years and until
  3       a successor is appointed and confirmed. Each member appointed on or
  4       after July 1, 1995, shall be appointed for a term of four years and until a
  5       successor is appointed and confirmed.
  6             (f) The terms of members who are serving on the commission on the
  7       effective date of this act shall expire on January 15, of the year in which
  8       such member's term would have expired under the provisions of this
  9       section prior to amendment by this act. Thereafter, members shall be
10       appointed for terms of four years and until their successors are appointed
11       and confirmed.
12             (g) A vacancy on the commission shall be filled for the unexpired term
13       by appointment by the governor.
14             (h) The commission shall meet at such times and places within this
15       state as the chairperson or a majority of the commission members deter-
16       mines. A majority of the members shall constitute a quorum for the con-
17       duct of commission business.
18             (i) The governor shall designate a member of the commission as
19       chairperson of the commission, to serve in that capacity at the pleasure
20       of the governor. The members of the commission annually shall elect a
21       vice-chairperson and secretary from the membership of the commission.
22             (j) Members of the commission shall receive such compensation as
23       determined by the governor, subject to the limitations of appropriations
24       therefor, and, when attending meetings of the commission, or a subcom-
25       mittee meeting thereof approved by the commission, shall be paid sub-
26       sistence allowances, mileage and other expenses as provided in K.S.A. 75-
27       3223 and amendments thereto. 
28       Sec.  2. K.S.A. 1998 Supp. 74-8803 is hereby repealed.
29         Sec.  3. This act shall take effect and be in force from and after its
30       publication in the statute book.