Session of 2000
House Concurrent Resolution No. 5066
By Representatives Dean, Barnes, Crow, Gilbert, O'Brien, Rehorn,
Ruff and Swenson

11             A  PROPOSITION to amend sections 3 and 7 of article 6 of the consti-
12             tution of the state of Kansas, relating to the state board of education.
14       Be it resolved by the Legislature of the State of Kansas, two-thirds of the
15       members elected (or appointed) and qualified to the House of Represen-
16       tatives and two-thirds of the members elected (or appointed) and qualified
17       to the Senate concurring therein:
18             Section  1. The following proposition to amend the constitution of the
19       state of Kansas shall be submitted to the qualified electors of the state
20       for their approval or rejection: Section 3 of article 6 of the constitution
21       of the state of Kansas is hereby amended to read as follows:
22              "§  3. Members of state board of education and state
23             board of regents. (a) There shall be ten members of From and
24             after January 13, 2003, the state board of education shall have
25             eleven members with overlapping terms as the legislature may pre-
26             scribe. The legislature shall make provision for ten member dis-
27             tricts, each comprised of four contiguous senatorial districts. Ten
28             members of the state board of education shall be elected from single-
29             member districts prescribed by law. The electors of each member
30             district shall elect one person residing in the district as a member
31             of the board. One member of the state board of education shall be
32             elected from the state at large. The electors of this state shall elect
33             one person residing in this state as a member of the board. Such
34             member shall serve as the chairperson of the board. The legislature
35             shall prescribe the manner in which vacancies occurring on the
36             board shall be filled.
37              "(b) The state board of regents shall have nine members with
38             overlapping terms as the legislature may prescribe. Members shall
39             be appointed by the governor, subject to confirmation by the senate.
40             Not less than one member shall be appointed from each congres-
41             sional district with the remaining members appointed at large, how-
42             ever, no two members shall reside in the same county at the time
43             of their appointment. Vacancies occurring on the board shall be


  1             filled by appointment by the governor as provided by law.
  2              "(c) Subsequent redistricting shall not disqualify any member
  3             of either board from service for the remainder of his a full term of
  4             office. Any member of either board may be removed from office
  5             for cause as may be provided by law.
  6              "§  7. Savings clause. (a) All laws in force at the time of the
  7             adoption of this amendment and consistent therewith shall remain
  8             in full force and effect until amended or repealed by the legislature.
  9             All laws inconsistent with this amendment, unless sooner repealed
10             or amended to conform with this amendment, shall remain in full
11             force and effect until July 1, 1969 2002.
12              (b) Notwithstanding any other provision of the constitution to
13             the contrary, no state superintendent of public instruction or county
14             superintendent of public instruction shall be elected after January
15             1, 1967.
16              (c) The state perpetual school fund or any part thereof may be
17             managed and invested as provided by law or all or any part thereof
18             may be appropriated, both as to principal and income, to the sup-
19             port of the public schools supervised by the state board of
20             education."
21             Sec.  2. The following statement shall be printed on the ballot with
22       the amendment as a whole:
23             "Explanatory statement. The constitution of this state provides that
24                   a ten-member state board of education be elected from member
25                   districts which are each composed of four state senatorial
26                   districts.
27                   "A vote for this proposition would increase the number of members
28                   on the board from 10 to 11, eliminate the requirement that each
29                   state board of education member district be composed of four
30                   state senatorial districts, provide for establishment by law of ten
31                   state board of education member districts and for one member
32                   of the state board to be chosen from each member district by
33                   the electors of such district, require one member of the state
34                   board of education to be chosen from the state at large by the
35                   electors of the state and provide that such member serve as the
36                   chairperson of the state board.
37                   "A vote against this proposition would retain the composition of the
38                   state board of education with 10 members, continue the require-
39                   ment that each state board of education member district be com-
40                   posed of four state senatorial districts with one member of the
41                   state board being elected from each such member district, and
42                   foreclose the opportunity for one member of the state board to
43                   be chosen statewide."


  1                   Sec.  3. This resolution, if approved by two-thirds of the members
  2       elected (or appointed) and qualified to the House of Representatives, and
  3       two-thirds of the members elected (or appointed) and qualified to the
  4       Senate shall be entered on the journals, together with the yeas and nays.
  5       The secretary of state shall cause this resolution to be published as pro-
  6       vided by law and shall cause the proposed amendment to be submitted
  7       to the electors of the state at the general election in the year 2000 unless
  8       a special election is called at a sooner date by concurrent resolution of
  9       the legislature, in which case it shall be submitted to the electors of the
10       state at the special election.