Session of 2000
House Concurrent Resolution No. 5066
By Representatives Dean, Barnes, Crow, Gilbert, O'Brien,
Rehorn,
Ruff and Swenson
2-9
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.
13
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
2
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."
3
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.