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Session of 2000
          House Concurrent Resolution No. 5062           By Representative Edmonds           2-3          

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10             A PROPOSITION to amend sections 4 and 7 of article 6 of the consti-
11             tution of the state of Kansas, relating to education.
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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 Repre-
16             sentatives and two-thirds of the members elected (or appointed) and
17             qualified 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: Sections 4 and 7 of article 6 of the con-
21       stitution of the state of Kansas are hereby amended to read as follows:
22              "§  4. Commissioner Secretary of education. The state board
23             of education governor shall appoint a commissioner secretary of
24             education, subject to confirmation by the senate, who shall serve at
25             the pleasure of the board as its executive officer governor. The sec-
26             retary of education shall be a member of the governor's cabinet and
27             shall act as a liaison between the governor and the state board of
28             education. The secretary of education shall be chairperson of the
29             state board of education, but shall not be a member of the state
30             board and shall vote only when the members of the state board are
31             equally divided. The secretary of education shall perform such other
32             duties as may be prescribed by law.
33              "§  7. Savings clause. (a) All laws in force at the time of the
34             adoption of this amendment and consistent therewith shall remain
35             in full force and effect until amended or repealed by the legislature.
36             All laws inconsistent with this amendment, unless sooner repealed
37             or amended to conform with this amendment, shall remain in full
38             force and effect until July 1, 1969 2001.
39              (b) Notwithstanding any other provision of the constitution to
40             the contrary, no state superintendent of public instruction or county
41             superintendent of public instruction shall be elected after January
42             1, 1967.
43              (c) The state perpetual school fund or any part thereof may be

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  1             managed and invested as provided by law or all or any part thereof
  2             may be appropriated, both as to principal and income, to the sup-
  3             port of the public schools supervised by the state board of
  4             education."
  5             Sec.  2. The following statement shall be printed on the ballot with
  6       the amendment as a whole:
  7              "Explanatory statement. This amendment would provide con-
  8             stitutional status for a secretary of education who would be ap-
  9             pointed by the governor, subject to confirmation by the senate. The
10             state board of education is composed of 10 members and there is
11             no provision in the constitution for the breaking of a tie vote. This
12             amendment would provide a means for the breaking of a tie vote
13             by the state board of education.
14              "A vote for this proposition would require the appointment of a
15             secretary of education by the governor, subject to confirmation by
16             the senate. The secretary of education would be a member of the
17             governor's cabinet, would act as a liaison between the office of gov-
18             ernor and the state board of education, would serve as chairperson
19             of the state board and would have the authority to break tie votes
20             of the state board.
21              "A vote against this proposition would foreclose the opportunity
22             for appointment of a secretary of education who would provide for
23             better communication between the governor and the state board of
24             education. A vote against this proposition also would continue in
25             effect the current lack of a means for breaking tie votes of the state
26             board of education."
27             Sec.  3. This resolution, if approved by two-thirds of the members
28       elected (or appointed) and qualified to the House of Representatives and
29       two-thirds of the members elected (or appointed) and qualified to the
30       Senate, shall be entered on the journals, together with the yeas and nays.
31       The secretary of state shall cause this resolution to be published as pro-
32       vided by law and shall cause the proposed amendment to be submitted
33       to the electors of the state at the general election to be held in the year
34       2000 unless a special election is called at a sooner date by concurrent
35       resolution of the legislature, in which case it shall be submitted to the
36       electors of the state at the special election.