Topeka ? Senators passed a proposed constitutional amendment Friday night to make clear that only the Legislature has the power to appropriate state funds.

The 30-9 vote came on the third day of a special session prompted by the Kansas Supreme Court’s mandate for legislators to increase education funding by $143 million by July 1.

House Speaker Doug Mays said his chamber would take up the proposal this morning and that he was optimistic it would pass. If that happens, it bypasses Gov. Kathleen Sebelius and goes to the ballot.

“We want it to be exactly the language of the Senate,” said Mays, R-Topeka, adding that he would urge colleagues not to amend it.

The proposal calls for a statewide election in late August or early September, which supporters estimate could cost $1.7 million. The date is tied to when the proposal passes the Legislature.

The idea of rewriting the constitution gained momentum after the Legislature began meeting Wednesday in its first special session since 1989. The session was necessary because the court said lawmakers failed to meet a constitutional duty to provide suitable funding for public schools.

Legislators in March increased education spending by $142 million to nearly $2.9 billion. But justices told lawmakers to find $143 million more for schools by the start of the new budget year, which is Friday.

Mays said that the proposal would keep the court from closing schools by ordering state funds not be sent to them.

“Any unresolved issues with the court should be settled without subjecting school children, their parents and educators to the uncertainties surrounding the possible closing of our public schools,” he said.

Atty. Gen. Phill Kline called the Senate vote “a strong statement.”

“It’s really a confirmation of what we’ve been saying – there is widespread concern,” he said.

Conservative Republicans led the chorus of complaints of “judicial activism” and a “runaway court” encroaching on the Legislature’s turf.

“This is about restoring the balance of the three coequal branches of government,” said Sen. Phil Journey, R-Haysville.

In urging passage, Senate Majority Leader Derek Schmidt, R-Independence, said, “The power of the purse is ours. We ought to keep it.” He said the court ordering legislators to spend a specific amount of money was “fundamentally wrong.”

But other senators complained about moving too fast – the proposal was debated a few hours after it cleared a Senate committee – and that it wasn’t the right thing to do.

Sen. Chris Steineger, D-Kansas City, said, “Changing the constitution isn’t something you do in one day.”

“Just because we disagree with the court order is no reason to dismantle and destroy that form of government,” said Senate Minority Leader Anthony Hensley, D-Topeka.

This was the second effort this week to send the justices a message.

On Thursday, the House had planned to push a proposal calling for justices to be elected, rather than appointed. But there wasn’t enough support because many members felt that was going too far.

Since 1958, each of the seven justices has been appointed by the governor from a slate of three candidates submitted by a nominating panel. Before that, they were elected statewide.