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§ 15. Requirements before bill passed. No bill shall be passed on the day that it is introduced, unless in case of emergency declared by two-thirds of the members present in the house where a bill is pending.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 53; L. 1974, ch. 458, § 1; November 5, 1974.

Attorney General's Opinions:

Legislative article; requirements for passage of bill. 83-59.

CASE ANNOTATIONS

1. Legislature determines existence of emergency, need not enter on journal. Weyand v. Stover, Treas., 35 Kan. 545, 552, 553, 11 P. 355.

2. Section is individual unit; bill must be read by sections. The State v. Carter, 74 Kan. 156, 162, 86 P. 138.

3. Presumed provisions complied with when journal does not show contrary. The State v. Railway Co., 96 Kan. 609, 611, 152 P. 777. Affirmed: Missouri Pac. Ry. Co. v. Kansas, 248 U.S. 276, 39 S. Ct. 93, 63 L.Ed. 239.

4. Section cited in determining validity of Revised Statutes of 1923. State, ex rel., v. Davis, 116 Kan. 663, 229 P. 757.

5. Legislature passed amended bill; governor signed bill without amendment; bill as passed by Legislature was not submitted to governor and invalid. State, ex rel., v. Robb, 163 Kan. 502, 516, 183 P.2d 223.

6. "Two-thirds of the house" probably means two-thirds of those who are present and constitute a quorum (concurring opinion). Railway Co. v. Simons, 75 Kan. 130, 139, 140, 88 P. 551.

7. Section not repealed by implication by Section 6 of Article 1, which authorizes governor to issue reorganization orders. Van Sickle v. Shanahan, 212 Kan. 426, 452, 511 P.2d 223.