Senate pushes for constitutional amendment

? Senate leaders Wednesday called on Gov. Kathleen Sebelius to urge House Democrats to support a constitutional amendment to clarify the separation of powers and bring an end to the special session.

Senate Majority Leader Derek Schmidt said his chamber would not work on any measures and instead would spend the eighth day of the session – called to meet Friday’s Kansas Supreme Court deadline to boost education spending by $143 million – pressuring House Democrats and moderate Republicans to pass the amendment.

Republican House leaders have refused to approve any new funding for education until the chamber passes the proposed constitutional amendment clarifying that only the Legislature can appropriate money. Kansas voters would have to approve the proposed amendment, which has been blocked in the House by Democrats and moderate Republicans.

“The entire ball game is the debate in the House of Representatives,” said Schmidt, R-Independence. “It’s really not a difficult proposition.

“The governor must provide leadership in this situation. She must step up and get involved today.”

Sebelius, who helped broker a new $160 million school finance package Tuesday between Senate leaders and a House coalition, denied holding House Democrats hostage over the amendment.

House Minority Leader Dennis McKinney said his colleagues believe a constitutional amendment must wait until legislators have time to thoroughly review any proposals. He also said Senate Republicans were endangering the deal they spent three days negotiating.

“They made a condition on the agreement after we made the agreement,” said McKinney, D-Greensburg. “Where I come from, we don’t do that.”

The House amendment, which is similar to a proposal the chamber rejected Sunday, surfaced Tuesday night after a day of hearings. The House has failed on two votes to approve a school spending plan.

If justices do not like the Legislature’s response to their June 3 decision, they could issue an order freezing nearly $3 billion in state funding. That could keep schools closed after their scheduled start, for many less than 50 days away, affecting 445,000 students and more than 64,000 teachers and support staff.

McKinney said that by demanding passage of a constitutional amendment, Senate GOP leaders could be dooming the Legislature to passing nothing.

“If they want to run the risk of closing schools, they’re running the risk,” he said. “We came here to solve a problem.”

While the House has been deadlocked, Senators have passed the proposed constitutional amendment, as well as a $161 million school finance package. Also, two Senate committees have endorsed the new $160 million package.

“There are no insurmountable goals when the welfare of the children hang in the balance,” said Senate Vice President John Vratil, R-Leawood. “I’m not going to point a finger at anybody.”

Senate Minority Leader Anthony Hensley, D-Topeka, said Sebelius isn’t blocking the process by telling fellow Democrats to reject the amendment.

Meanwhile, it’s unclear when the Senate will debate the new funding package – nicknamed “Mo-Jo” because it has sponsors from Morton and Johnson counties. Senate leaders said House action would dictate the next step.

“The key is the constitutional amendment,” said Senate President Steve Morris, R-Hugoton. “We’re going to spend the day trying to get that accomplished.”

House members were expected to have debate Wednesday on the proposed constitutional amendment.

House Speaker Doug Mays, R-Topeka, said the Senate GOP comments were well-placed and that could help move his chamber closer to resolution.

“We want a solution, but we’re not willing to sacrifice our principles to do it,” Mays said. “There’s nothing dangerous about this amendment that some would have you believe.”

Mays has said he was inclined to block the coalition’s school finance plan until an amendment was on it’s way to voters. Supporters of the funding package said such a move was unwise.

“He can do that in all probability. But the speaker will suffer the consequences of the public in doing that,” Vratil said Tuesday upon completion of the new school package. “We spent three days hammering this out. We don’t have three days before the first of July.”

Rep. Bill Light, R-Rolla in Morton County, said the coalition is still seeking the 63 votes needed to pass the plan in the House against Mays’ objections.

“It’s a positive step for getting us home,” Light said. “It’s going to be on his shoulders what he wants to do. We just have to wait and see.”