Session of 1999
SENATE BILL No. 340
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
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 2
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
determined by the governor, subject to the limitations of appropriations
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.