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§ 8. Organization and sessions.The legislature shall meet in regular session annually commencing on the second Monday in January, and all sessions shall be held at the state capital. The duration of regular sessions held in even-numbered years shall not exceed ninety calendar days. Such sessions may be extended beyond ninety calendar days by an affirmative vote of two-thirds of the members elected to each house. Bills and concurrent resolutions under consideration by the legislature upon adjournment of a regular session held in an odd-numbered year may be considered at the next succeeding regular session held in an even-numbered year, as if there had been no such adjournment.

The legislature shall be organized concurrently with the terms of representatives except that the senate shall remain organized during the terms of senators. The president of the senate shall preside over the senate, and the speaker of the house of representatives shall preside over the house of representatives. A majority of the members then elected (or appointed) and qualified of the house of representatives or the senate shall constitute a quorum of that house. Neither house, without the consent of the other, shall adjourn for more than two days, Sundays excepted. Each house shall elect its presiding officer and determine the rules of its proceedings, except that the two houses may adopt joint rules on certain matters and provide for the manner of change thereof. Each house shall provide for the expulsion or censure of members in appropriate cases. Each house shall be the judge of elections, returns and qualifications of its own members.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 52; L. 1974, ch. 458, § 1; November 5, 1974.

Revisor's Note:

Prior to 1974 revision of this article, § 25 related to regular sessions of the Legislature; § 10 related to a prohibition against adjournment of either house without consent of other; and Article 1, § 12 related to the Lieutenant Governor as ex officio President of the Senate. Prior provisions related to regular sessions of the Legislature provided: Annual sessions, see L. 1861, p. 54; commencing in 1877, sessions in biennial in odd-numbered years, see L. 1875, chapter 140; commencing in 1956, the addition of budget sessions in even-numbered years, see 1953 Senate Concurrent Resolution No. 1; and the elimination of budget sessions and the creation of regular annual sessions, see L. 1966, chapter 7 (Special Session).

Cross References to Related Sections:

Convening of regular sessions of Legislature, see 46-142(c), (d), 46-157.

Governor may adjourn session in case of disagreement between houses, see Kansas Constitution Article 1, § 5.

Attorney General's Opinions:

Joint committee on administrative rules and regulations; committee's authority to introduce legislation. 79-46.

Legislature; organization and sessions; extension of session. 86-52.

Bills introduced and not acted on during regular session in odd numbered year may not be carried over to special session. 87-92.

Validity of legislative coordinating council's designation of standing committees as interim study committees. 93-108.

Reapportionment of Kansas Legislature; vacancy in senate seat prior to 2004 effective date. 2002-8.

Contemporaneous physical presence of a quorum of each house is required to pass bills. 2020-12.

CASE ANNOTATIONS

1. Legislature may authorize senate to adjourn legally to later period. The State, ex rel., v. Hillyer, 2 Kan. 17, 29.

2. Legislature itself may provide more than majority for certain acts. Prouty v. Stover, Lieut. Governor, 11 Kan. 235, 255.

3. Legislature cannot delegate power to judge qualifications of its members. The State, ex rel., v. Gilmore, 20 Kan. 551, 554.

4. Legislature, sole right to judge elections and qualifications of members. The State, ex rel., v. Tomlinson, 20 Kan. 692, 703.

5. House of representatives cannot legally exceed 125 members; invalid statute. The State, ex rel., v. Francis, Treas., 26 Kan. 724, 726.

6. Origin of clause relative to qualifications commented on. (Dissenting opinion.) In re Gunn, Petitioner, 50 Kan. 155, 218, 219, 251, 32 P. 470.

7. Expenditure cannot be legally made from appropriation after its expiration date. Hyre v. Sullivan, 171 Kan. 309, 311, 232 P.2d 474.

8. Budget session has no power to appoint interim investigating committee. State, ex rel., v. Anderson, 180 Kan. 120, 122, 125, 299 P.2d 1078.

9. Each house is the ultimate tribunal as to the qualifications of its own members. Harris v. Shanahan, 192 Kan. 183, 214, 387 P.2d 771.

10. Referred to in determining senate confirmation or rejection of appointees of governor under K.S.A. 22-3707 lawful. Leek v. Theis, 217 Kan. 784, 814, 539 P.2d 304.

11. Applied in construing K.S.A. 46-143; "candidate" and "member elect" distinguished. Rogers v. Shanahan, 221 Kan. 221, 229, 565 P.2d 1384.

12. Applied; election contest action; K.S.A. 25-308 bar to action; dismissal proper. Hiett v. Brier, 2 Kan. App. 2d 610, 614, 586 P.2d 55.

13. Absent clear statutory authority, LCC has no authority or standing to bring action while Legislature in session. Legislative Coordinating Council v. Frahm, 262 Kan. 144, 151, 936 P.2d 267 (1997).