Here's why Kansas lawmakers just made a new rule banning props during floor debate

Kansas lawmakers have established a new rule for themselves: Members of the House of Representatives aren't allowed to hold up a copy of the legislation they are voting on while debating it.

The House set a new precedent on Tuesday that props can't be used during a floor debate and that a paper copy of a bill or resolution can be a forbidden prop.

Creation of the new rule came during a House floor debate fraught with allegations of legislators breaking decorum — an issue that Republicans have indicated they will crack down on this session.

Legislators were debating an immigration-related resolution, declaring support for Texas in its border dispute with the federal government. The resolution was carried by Rep. Pat Proctor, R-Leavenworth, who at one point was asked by House Minority Leader Vic Miller, D-Topeka, if he had read the U.S. Supreme Court's order and other court filings on Texas' border actions.

House Minority Leader Vic Miller probed border dispute and U.S. law

Rep. Stephen Owens, R-Hesston, was serving as chair of the committee of the whole and said Proctor declined to answer Miller's question.

"May I ask, is that because he's afraid of the answer?" Miller said.

"I don't believe that's acceptable to impugn his rationale, sir," Owens replied.

"No, I wasn't impugning," Miller said. "I was trying to search for why on God's green Earth he's carrying a resolution and he's afraid to answer legitimate questions."

"Representative, let's have some decorum in this body," Owens said.

Miller then continued speaking while holding up a paper copy of the resolution. Owens gaveled down Miller, apparently at the direction of Speaker Pro Tem Blake Carpenter, R-Derby.

"Representative, we cannot have props either," Owens said. "Could we keep the decorum of the body, please?"

Miller said there isn't a rule against using a prop — particularly a copy of the legislation being debated.

"If you can find language anywhere that says, 'Props cannot be used,' then we can discuss whether or not this is a prop," Miller said. "But frankly, you can't find it. Point of order."

"It is tradition and precedence," Owens said.

"Where is it in the rules?" Miller replied. "That's the worse excuse I've ever heard, when people say because we've always done it that way."

Miller challenged the ruling of the chair, "because this is important precedent."

Private discussion then led to decision on what makes a prop

It then took about 15 minutes of "robust discussion" out of the public view before Rep. Susan Humphries, R-Wichita and chair of the House Rules and Journal Committee, announced that "a bill is not necessarily a prop, but it may be used as a prop."

She said a paper copy of a bill or resolution, "If it is held up and displayed and used as a prop, then it's a prop."

She cited House Rule 2312 and Mason's Manual of Legislative Procedure. That House rule states that Mason's manual is used when House rules don't apply.

"We're not using props," Humphries said. "That's settled."

Miller asked if wearing a button that says "310K" is a prop, referring to buttons worn by some Republican legislators to promote their flat tax package. Humphries was wearing such a button on her chest.

Humphries said it depends on how the button is used. Pointing to it in a speech would "maybe" make it a prop, she said.

Decorum infractions were also alleged earlier in the debate against Rep. John Carmichael, D-Wichita, as he argued that immigration is the purview of the federal government.

"What we waste our time, our citizens' time, today is with one more meaningless resolution expressing some members' indignation at something that is frankly none of the Kansas Legislature's concern," Carmichael said.

"Representative," Owens said, "you will not impugn the motives of another representative."

Carmichael said, "That was not impugning anyone's motives," and Owens cautioned him he "may continue, carefully."

Wichita lawmaker admonished for interrupting Vic Miller

Additionally, while Miller was speaking from the well, Rep. Patrick Penn, R-Wichita, interrupted him. Owens admonished Penn.

"Decorum, please," he said.

Jason Alatidd is a Statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.

This article originally appeared on Topeka Capital-Journal: Kansas House lawmakers can't hold up bills as debate props in new rule