SESSION OF 2024
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR SENATE
BILL NO. 249
As Recommended by Senate Committee on
Federal and State Affairs

Brief*
Sub. for SB 249 would amend the process for filling the
vacancies of the State Treasurer, the Commissioner of
Insurance, and the Lieutenant Governor.
The bill would preserve the process of gubernatorial
appointment for the three officers, but would require the
vacancies to be filled with an appointee of the same political
party as the vacating incumbent. Should the vacating
incumbent not be registered with any political party, the
Governor would be required to appoint a suitable person to
serve for the unexpired term.
The bill would also require Senate confirmation of each
appointee and would prohibit any power, duty, or function to
be performed until Senate confirmation is completed. [Note:
KSA 46-2601 provides for the Senate Committee on
Confirmation Oversight to consider appointments to fill
vacancies when the Legislature is not in session. The
appointment is then confirmed by the Senate at the next
regular or special session of the Legislature.]

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Tyson.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Senate Committee on Federal and State Affairs
In the Senate Committee hearing on January 18, 2024,
Senator Tyson provided proponent testimony on the bill,
stating the bill would allow vacancies in these statewide
offices would follow the same process to replace other
elected offices at the state and local level.
Written-only proponent testimony was provided by three
private citizens.
No other testimony was provided.
On January 22, 2024, the Senate Committee amended
the bill to:
● Revert the vacancy filling process to gubernatorial
appointment;
● Require the appointment of a person of the same
political party as the incumbent at the time of the
incumbent’s election;
● Require confirmation by the Senate; and
● Require confirmation by the Senate in the event of
a vacancy in the office of Lieutenant Governor.
The Senate Committee recommended a substitute bill
be passed incorporating its amendments.
Fiscal Information
According to the fiscal note prepared by the Division
of the Budget on the bill, as introduced, the Kansas Insurance
Department, the State Treasurer, and the Office of the
Governor all stated the bill would have no fiscal effect.
Vacancy; State Treasurer; Commissioner of Insurance; Lieutenant Governor; Senate
confirmation

2- 249


Statutes affected:
As introduced: 25-101b, 40-106
Version 2: 25-101b, 40-106, 75-127