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HB 2065

Providing for the appointment of delegates to a convention under article V of the constitution of the United States and prescribing the duties and responsibilities of such delegates.

2025-2026 Regular Session

Creates a formal Kansas framework to appoint, supervise, and recall Article V convention delegates, with strict voting rules and penalties for oath violations.

Died in Senate Committee
#constitutionalamendments(u.s.)
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Bill Summary · HB 2065

Summary — HB 2065 (Kansas)

Providing for appointment of delegates to an Article V convention; duties, limits, recall, and penalties

Status: Committee report recommending bill be passed by House Committee on Federal and State Affairs
Introduced: January 24, 2025

Purpose / Intent

Establish a statutory, transparent process for appointing and supervising Kansas’ delegates to a convention called under Article V of the U.S. Constitution. Define delegate duties, voting limits, required reporting, recall and investigatory procedures, and criminal penalties for specified oath violations.

Key provisions

  • Appointment of delegates and alternates

    • Total delegation: 11 delegates (and 11 alternates), appointed as follows:
    • Speaker and Speaker Pro Tem (House): each appoint 1 delegate + 1 alternate
    • President and Vice President of the Senate: each appoint 1 delegate + 1 alternate
    • House majority caucus: 2 delegates + 2 alternates
    • Senate majority caucus: 1 delegate + 1 alternate
    • House and Senate minority leaders: each appoint 1 delegate + 1 alternate
    • House and Senate minority caucuses: each appoint 1 delegate + 1 alternate
    • Delegates/alternates must be current members of the Kansas Legislature at time of appointment.
    • Alternate delegates may not travel to or attend the convention except to replace a delegate.

  • Oath, organization, and voting rules

    • Delegates and alternates must reaffirm an oath to uphold the U.S. and Kansas Constitutions and execute any legislative instructions.
    • Speaker’s appointee is delegation chair; Senate President’s appointee is vice‑chair.
    • Only the chair, or vice‑chair if chair unavailable, may cast the delegation’s vote — and any delegation vote must first be approved by a majority of the delegates.
    • Delegates are prohibited from proposing or voting for “unauthorized amendments” (outside the scope of the Article V application/call or legislative instructions); such votes are void.

  • Legislative control, staff support and reporting

    • The Legislature may give binding instructions via concurrent resolution (majority of members of both chambers).
    • Revisor of Statutes (or designee) must attend as legal counsel for delegates during negotiations.
    • Chief Clerk of the House and Secretary of the Senate (or designees) must attend and prepare daily reports for the Legislature.

  • Recall, investigation and penalties

    • Delegates may be recalled by their appointing authority or by concurrent resolution of the Legislature.
    • Allegations of oath violations are reviewed by the Legislative Coordinating Council (LCC); the LCC may recommend investigation/prosecution to the Attorney General.
    • Voting in favor of an unauthorized amendment is grounds for immediate recall and is criminalized as a severity level 6 nonperson felony.

Fiscal and procedural impacts

  • Estimated short-term travel/attendance cost example: Legislative Administrative Services estimates ~$48,367 (State General Fund) for a four‑day convention assuming reimbursement of 11 delegates + 3 named legislative staff (airfare, lodging, meals, mileage, per diems, salary/fringe). Actual costs depend on timing, inflation, and whether the LCC approves reimbursements.
  • Secretary of State reports no incremental fiscal effect for certification duties; Attorney General and courts note possible increased workload and litigation risk but cannot estimate costs. Kansas Sentencing Commission expects negligible prison impact (likely probation if convicted).

Effective date and scope

  • The statute applies whenever an Article V convention is called.
  • The bill takes effect upon publication in the statute book.

Compiled from official sources — confirm details with the bill’s official record.

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