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§ 1. Legislative power. The legislative power of this state shall be vested in a house of representatives and senate.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 51; L. 1974, ch. 458, § 1; November 5, 1974.

Revisor's Note:

No change was made in this section by the 1974 revision of this article.

Cross References to Related Sections:

Executive reorganization orders, see Article 1, § 6.

Law Review and Bar Journal References:

The New Kansas DUI Law: Constitutional Issues and Practical Problems, Gerard Little, Jr., 22 W.L.J. 340, 354 (1983).

Written Testimony of Richard E. Levy Before the House Agriculture Committee, State of Kansas, Richard E. Levy, 42 K.L.R. 265, 273 (1994).

The Private Nondelegation Doctrine in Kansas and the Kansas State High School Activities Association, Eric Theroff, 44 K.L.R. 633, 634, 635, 637, 640, 643, 646, 647, 650 (1996).

Should There Be Home Rule for Kansas School Districts? Charles Benjamin, 5 Kan. J.L. & Pub. Pol'y, No. 3, 175, 177, 183 (1996).

A Species unto Themselves: Professional Disciplinary Actions, Mary Feighny and Camille Nohe, 71 J.K.B.A. No. 6, 29 (2002).

2002 Kansas Death Tax Legislation: An Emperor in Need of Clothes, Timothy P. O'Sullivan and Stewart T. Weaver, 71 J.K.B.A. No. 10, 19 (2002).

Planning for Kansas Death Taxes in 2003: A 'Notice-Able' Difference, Timothy P. O'Sullivan and Stewart T. Weaver, 72 J.K.B.A. No. 10, 28 (2003).

Attorney General's Opinions:

State board of agriculture; constitutionality of board selection process. 79-243.

Inspections, storing, weighing grain; warehouses; additional indemnity fund for public warehousemen. 81-96.

Education; state board of education. 81-236.

Legislation; imposition of taxes. 81-277.

Consumer loans; finance charge; exemption of adjustable rate loans from maximum finance charge limits. 82-204.

Planning and zoning; planning board; membership; qualifications. 83-66.

Legislature; delegation of legislative power. 83-78.

Taxation; retailers' sales tax; transfers from general fund to highway fund; Legislature; delegation of legislative authority. 85-6.

Plumbers and plumbing in cities and counties; competency and examination; standards. 89-41.

Constitutionality of motor fuel tax amendment. 89-66.

Outcomes-based accountability system; legislative powers; constitutionality. 90-30.

Taxation; extent of classification for 501 organizations. 93-17.

Public utilities; rate making; legislative discretion. 94-76.

County and city retailers' sales tax; election required; validation of election. 95-22.

County-city consolidation; legislative authority; delegation and guidelines. 97-21.

Administrative procedures and delegation of authority for child support program; separation of powers and delegation of legislative authority considered. 97-39.

Interstate compact on nurse licensure; unrestricted recognition of out-of-state licenses; delegation of legislative authority. 1999-3.

Minimum wage; unlawful delegation of legislative authority to establish as provided by federal law. 2001-08.

Agricultural Remediation Board is a state agency for purpose of promulgating rules and regulations. 2001-30.

Municipal court judge can order attorney to represent indigent defendant where incarceration is likely; may punish for direct contempt but not indirect contempt. 2002-37.

Requirements that registered home inspectors conduct inspections in accordance with certain standards and give certain notifications apply when individual is registered. 2009-5.

K.S.A. 40-2248, which provides that a sponsor of proposed mandatory health insurance coverage legislation submit an impact report assessing the effects of mandated coverage, does not violate this section. 2010-4.

Legislature has power to alter procurement process for governmental entities. 2022-5.

CASE ANNOTATIONS

1. Within power of Legislature to designate day of rest. The State v. Nesbit, 8 Kan. App. 104, 54 P. 326.

2. Absent a specific provision in the constitution, commencement of terms of office is within defined powers of the Legislature. State, ex rel., v. Robinson, et al, 1 Kan. 17, 25.

3. Corporations rightful subject of legislation; grant includes right to create. City of Atchison, et al., v. Bartholow, et al., 4 Kan. 124, 142.

4. Legislative, executive and judicial powers of government, separate and distinct. Coleman v. Newby, 7 Kan. 82, 87.

5. Legislature no inherent power, but people may delegate any power. Leavenworth County v. Miller, 7 Kan. 479, 489, 500.

6. Legislative power delegated included power to pass mill-dam act. Harding v. Funk, 8 Kan. 315, 323.

7. Delegation of limited legislative power to county commissioners, not prohibited. Noffzigger v. McAllister, 12 Kan. 315, 320.

8. Whole power of organizing new counties belongs to Legislature. The State, ex rel., v. Comm'rs of Pawnee Co., 12 Kan. 426, 438.

9. Legislative recognition of county fraudulently established held not to create a valid county organization under the circumstances. State, ex rel., v. Comm'rs of Ford County, 12 Kan. 441.

10. Legislature may authorize county commissioners to remove treasurer for cause. The State, ex rel., v. Majors, 16 Kan. 440, 444.

11. Legislature not prohibited by constitution from enacting retrospective laws, exceptions. Comm'rs of Sedgwick Co. v. Bunker, 16 Kan. 498, 504.

12. Legislature has power to abolish townships; effect on officers. In re Hinkle, Petitioner, 31 Kan. 712, 3 P. 531.

13. Legislature has power to abolish county organization. The State, ex rel., v. Hamilton, 40 Kan. 323, 19 P. 723.

14. Powers exercised by court in extending city limits are judicial. Callen v. Junction City, 43 Kan. 627, 630, 23 P. 652. Criticized: Town of Fairbanks v. Barrack, 282 F. 417.

15. Section cited showing legislative branch separate from others. (Dissenting opinion.) In re Gunn, Petitioner, 50 Kan. 155, 219, 32 P. 470.

16. Legislative power can be delegated only to some tribunal transacting county business. Comm'rs of Wyandotte Co. v. Abbott, 52 Kan. 148, 160, 34 P. 416.

17. Legislative, executive and judicial powers cannot be commingled and interwoven. The State v. Johnson, 61 Kan. 803, 812, 60 P. 1068. Questioned: State, ex rel., v. Howat, 107 Kan. 423, 191 P. 585.

18. Retrospective law legalizing warrants, encroachment of legislative upon judicial powers. Felix v. Wallace County, 62 Kan. 832, 62 P. 667.

19. Powers exercised by court in extending city limits are judicial. Eskridge v. Emporia, 63 Kan. 368, 369, 65 P. 694.

20. In readjusting official terms Legislature may create an exceptional term. Wilson v. Clark, 63 Kan. 505, 510, 65 P. 705.

21. Legislature in certain cases may create exceptional terms of office. The State v. Andrews, 64 Kan. 474, 497, 67 P. 870.

22. Bills of lading conclusive evidence; act unconstitutional. Railway Co. v. Simonson, 64 Kan. 802, 68 P. 653.

23. Change of corporate limits by petition before district court, unconstitutional. Hutchinson v. Leimbach, 68 Kan. 37, 43, 74 P. 598.

24. Discretion of city authorities in matter of public improvements. Salt Co. v. Hutchinson, 72 Kan. 99, 105, 82 P. 721.

25. Legislative power is limited only by state or federal constitution. Ratcliff v. Stockyards Co., 74 Kan. 1, 16, 86 P. 150.

26. Statute held not to confer legislative power upon judicial tribunal. Nash v. Glen Elder, 74 Kan. 756, 758, 88 P. 62.

27. Statute providing for time for appeal is subject to amendment and regulation by Legislature. Kansas City v. Dore, 75 Kan. 23, 88 P. 539.

28. Railroad commissioners; legislative, executive or judicial power not delegated. The State v. Railway Co., 76 Kan. 467, 92 P. 606. Affirmed: Mo. Pac. Ry. Co. v. Kansas, 216 U.S. 262, 30 S. Ct. 330, 54 L.Ed. 472.

29. County drainage act; delegation of powers; act constitutional. Shreves v. Gibson, 76 Kan. 709, 92 P. 584.

30. County buildings; act does not delegate legislative powers. The State v. Butler County, 77 Kan. 527, 94 P. 1004.

31. Authority for establishing municipal courts is derived from this section. The State v. Keener, 78 Kan. 649, 651, 97 P. 860.

32. Individual is not entitled to notice of legislative proceedings and has no right to demand a hearing before the Legislature; representative government. Railroad Co. v. Abilene, 78 Kan. 820, 826, 98 P. 224.

33. Command in constitution does not add to power of Legislature. The State v. Lawrence, 79 Kan. 234, 279, 100 P. 485.

34. Legislature may provide what shall be evidence of legal service. Jones v. Hickey, 80 Kan. 109, 102 P. 247; Reitler v. Harris, 80 Kan. 148, 102 P. 249. Affirmed: Reitler v. Harris, 223 U.S. 437, 32 S. Ct. 248, 56 L.Ed. 497.

35. Sheriff's allowance for boarding prisoners; valid delegation of power. Smith v. Atchison County, 81 Kan. 91, 105 P. 37.

36. Extension of city limits; no delegation of power. Nash v. Glen Elder, 81 Kan. 446, 106 P. 292.

37. Rock road law; no delegation of legislative power. Hill v. Johnson County, 82 Kan. 813, 109 P. 163.

38. Act regulating practice of healing art constitutional. The State v. Johnson, 84 Kan. 411, 114 P. 390.

39. Acts of the Legislature are presumed to be valid. Stelling v. Kansas City, 85 Kan. 397, 116 P. 511.

40. Act creating entomological commission held constitutional. Balch v. Glenn, 85 Kan. 735, 119 P. 67.

41. Statute authorizing appointment of county auditor valid. Sartin v. Snell, 87 Kan. 485, 125 P. 47.

42. Drainage act not unconstitutional because legislative power delegated to petitioners; certain conditions found to exist make act operative. Railroad Co. v. Leavenworth County, 89 Kan. 82, 130 P. 855.

43. Powers conferred upon bank receiver held to be purely administrative and not an infringement of authority of courts. Jeffries v. Bacastow, 90 Kan. 495, 497, 498, 135 P. 582.

44. Legislature can impose royalty on taking of sand from stream. The State, ex rel., v. Akers, 92 Kan. 169, 140 P. 637. Affirmed: Wear v. Kansas, ex rel. Brewster, 245 U.S. 154, 38 S. Ct. 55, 62 L.Ed. 214.

45. No vested right to an appeal; Legislature may take away the privilege of appeal. Bowen v. Wilson, 93 Kan. 351, 353, 144 P. 251.

46. This section not violated by the initiative and referendum law. The State, ex rel., v. City of Hutchinson, 93 Kan. 405, 408, 409, 144 P. 241.

47. Statutes of limitation may be amended or repealed without violating constitutional rights. Milbourne v. Kelley, 93 Kan. 753, 145 P. 816.

48. Legislative acts unassailable when within limits of the constitution. Hicks v. Davis, 97 Kan. 312, 154 P. 1030.

49. Legislative power to limit liability to passengers on freight trains. Jones v. Railway Co., 98 Kan. 133, 157 P. 399.

50. Legislature cannot delegate to private individuals the power to make obligatory rules; act requiring conformation with national electrical code held unconstitutional; void for uncertainty. The State v. Crawford, 104 Kan. 141, 143, 144, 177 P. 360.

51. Statute regulating use of dynamite in coal mine constitutional. Richards v. Coal Co., 104 Kan. 330, 179 P. 380.

52. Statute authorizing formation rural high-school districts constitutional and valid. The State, ex rel., v. Lamont, 105 Kan. 134, 181 P. 617.

53. Statute relating to control of infectious and communicable diseases constitutional. In re McGee, Petitioner, 105 Kan. 574, 185 P. 14.

54. Provision concerning forfeiture of corporate charter within power of Legislature. Razor Co. v. Guymon, 110 Kan. 745, 205 P. 635.

55. Legislature had authority to enact bank guaranty law. Assaria State Bank v. Dolley, 219 U.S. 121, 31 S. Ct. 189, 55 L.Ed. 123.

56. Private rights which have been vested by judgment of a court cannot be taken by subsequent legislation; but public rights may be annulled by subsequent legislation. Robinson v. City of Winfield, 114 Kan. 387, 219 P. 273.

57. Power of Legislature cannot be exercised by special law when general law can be made applicable. Howard v. McIntosh, 118 Kan. 591, 235 P. 1034.

58. Power to organize political subdivisions is a legislative power and may be delegated when limited and restricted; actions thereunder tainted with fraud are reviewable by court. State, ex rel., v. Mowry, 119 Kan. 74, 78, 237 P. 1032.

59. Legislative authority to determine limits of city cannot be delegated to courts. Ruland v. City of Augusta, 120 Kan. 42, 242 P. 456.

60. Enrolled bill is open to attack only by affirmative and conclusive recitals of the journals; constitutionality not determined unless absolutely necessary. Keplinger v. Kansas City, 122 Kan. 158, 162, 164, 251 P. 413.

61. Drainage act does not delegate legislative power to courts. State, ex rel., v. Drainage District, 123 Kan. 191, 254 P. 372.

62. Substitution of the rule of civil law for rule of common law concerning water within legislative power. Skinner v. Wolf, 126 Kan. 158, 161, 226 P. 926.

63. Delegation of power to executive council to grant rights in navigable river held valid. Consumers Sand Co. v. Executive Council, 126 Kan. 233, 268 P. 123.

64. County farm bureau act was enacted for a public, educational and laudable purpose; valid exercise of police power. Cloud County Farm Bureau v. Cloud County Comm'rs, 126 Kan. 322, 326, 268 P. 91.

65. Question of how improvements in drainage district shall be paid is a proper subject for legislative determination. Jefferson County Comm'rs v. Stonehouse Drainage District, 127 Kan. 833, 839, 275 P. 166.

66. K.S.A. 21-2132 not unconstitutional as delegating legislative power. State v. Richardson, 128 Kan. 627, 631, 278 P. 752.

67. Act authorizing extension of water mains held constitutional. Barrett v. City of Osawatomie, 131 Kan. 50, 289 P. 970.

68. State highway act for federal loan does not delegate legislative powers. State, ex rel., v. State Highway Comm., 138 Kan. 913, 915, 28 P.2d 770.

69. Provision in mortgage moratorium law delegating legislative power to governor is unconstitutional. Oakland State Bank v. Bolin, 141 Kan. 126, 129, 40 P.2d 437; Langworthy v. Kadel, 141 Kan. 250, 253, 255, 40 P.2d 443.

70. Municipal revenue bond act; delegation of powers; act constitutional. City of Pittsburg v. Robb, 143 Kan. 1, 3, 53 P.2d 203.

71. K.S.A. 72-3501, 72-3502 not invalid because legislative powers conferred on state superintendent of instruction. State, ex rel., v. Storey, 144 Kan. 311, 315, 316, 58 P.2d 1051.

72. Insurance moratorium act (L. 1933, ch. 203) held invalid as delegation of legislative power. Brown v. Illinois Bankers Life Assur. Co., 144 Kan. 670, 676, 678, 63 P.2d 165.

73. Legislative power; implied inhibitions on; rules for determining validity of acts stated; cases reviewed in exhaustive opinion. Lemons v. Noller, 144 Kan. 813, 819, 63 P.2d 177.

74. The power to tax is a legislative power, and not in any sense judicial. Union Pac. Rld. Co. v. State Tax Comm., 145 Kan. 715, 728, 68 P.2d 1.

75. K.S.A. 72-2505 relating to payment of tuition by community high-school districts valid. School District v. Community High School, 146 Kan. 380, 69 P.2d 1102.

76. Practice of healing arts may be licensed; exercise of police power for welfare and protection of citizens; Legislature may establish qualifications; delegation of power; act held not unconstitutional. State, ex rel., v. Gleason, 148 Kan. 1, 12, 79 P. 911.

77. Authority to declare the public policy of the state is vested in the Legislature, not in the judiciary. Reser v. Southern Kansas Mutual Ins. Co., 150 Kan. 58, 64, 91 P.2d 25.

78. Uncertainty in law can be made certain and definite by subsequent legislation; people are acting in their sovereign capacity in approving legislation by statewide referendum. Richardson v. Soldiers' Compensation Board, 150 Kan. 343, 346, 92 P.2d 114.

79. Legislature may not revive a cause of action after it is barred by a statute of limitations. Siefkin v. Siefkin, 150 Kan. 396, 400, 401, 92 P.2d 1005.

80. Provision of unemployment compensation act held not unconstitutional as being unreasonable or unduly burdensome. State, ex rel., v. Sosna, 156 Kan. 722, 729, 137 P.2d 129.

81. 1945 and 1947 school reorganization acts invalid; unconstitutional delegation of legislative power. State, ex rel., v. Hines, 163 Kan. 300, 302, 316, 321, 182 P.2d 865.

82. Constitutionality of delegation of legislative power not considered where unnecessary under facts; Legislature may create, dissolve or modify school districts. State, ex rel., v. School District, 163 Kan. 650, 651, 652, 653, 661, 185 P.2d 677.

83. Act validating establishment of school district held to be effective although injunction suit pending. Rempel v. Kobs, 166 Kan. 38, 40, 199 P.2d 194.

84. State act contingent on congressional action; not delegation of legislative power. Board of County Comm'rs v. Robb, 166 Kan. 122, 123, 124, 134, 199 P.2d 530.

85. Act authorizing establishment of drainage district held constitutional; exercise of power thereunder subject only to judicial review for fraud. State v. Drainage Dist. No. 3, 167 Kan. 213, 205 P.2d 997; State, ex rel., v. Drainage Dist. No. 3, 168 Kan. 568, 215 P.2d 161.

86. Act taxing leased railway cars (K.S.A. 79-906 et seq.) held valid. Associated Rly. Equipment Owners v. Wilson, 167 Kan. 608, 609, 614, 620, 208 P.2d 604.

87. The particular controlling record relied upon to prove invalidity must be pleaded in attack on constitutionality of statute. Missionary Baptist Convention v. Wimberly Chapel Baptist Church, 170 Kan. 684, 688, 228 P.2d 540.

88. The wisdom of legislative policy is not a concern of the courts. In re Estate of Bowman, 172 Kan. 17, 22, 238 P.2d 486.

89. Laws 1951, chapter 304 (K.S.A. 42-721), relating to irrigation districts, held valid. Mizer v. Kansas Bostwick Irrigation District, 172 Kan. 157, 173, 239 P.2d 370.

90. Constitutionality of parking meter ordinance discussed. City of Hutchinson v. Harrison, 173 Kan. 18, 21, 22, 244 P.2d 222.

91. Granting warden power to revoke paroles without hearing not unlawful delegation of powers. In re Tabor, 173 Kan. 686, 687, 689, 692, 693, 250 P.2d 793.

92. Granting school board discretionary powers of attachment not delegation of legislative power. State, ex rel., v. Board of Education, 173 Kan. 780, 782, 787, 788, 790, 252 P.2d 859.

93. Act authorizing school boards to construct building for joint use constitutional. State, ex rel., v. Richardson, 174 Kan. 382, 390, 256 P.2d 135.

94. Discussed; city exceeded authority granted it under K.S.A. 68-706. Johnston v. City of Coffeyville, 175 Kan. 357, 360, 264 P.2d 474.

95. Off street parking act (K.S.A. 13-1388 through 13-1391) does not contravene this section. State, ex rel., v. City of Topeka, 176 Kan. 240, 242, 243, 244, 245, 248, 250, 251, 252, 253, 270 P.2d 270.

96. The Legislature has power to prescribe new, and alter existing, rules of evidence or to prescribe methods of proof; prima facie evidence. In re Estate of Ward, 176 Kan. 614, 272 P.2d 737.

97. Kansas turnpike authority act (K.S.A. 68-2001 through 68-2020) does not contravene section. State, ex rel., v. Kansas Turnpike Authority, 176 Kan. 683, 686, 692, 693, 273 P.2d 198.

98. Legislature may classify certain property for taxation purposes. National Bank of Tulsa v. Warren, 177 Kan. 281, 285, 279 P.2d 262.

99. Delegation by Legislature to superintendent of state hospital to determine whether patient should be discharged as restored to capacity is valid. In re Estate of Correll, 178 Kan. 618, 627, 290 P.2d 1050.

100. Urban renewal law; granting of discretion as to details not unconstitutional delegation of legislative power. State, ex rel., v. Urban Renewal Agency of Kansas City, 179 Kan. 435, 440, 296 P.2d 656.

101. Statute [65-1504, cl. (i)] not unlawful delegation of legislative power. Marks v. Frantz, 179 Kan. 638, 643, 645, 646, 647, 649, 298 P.2d 316.

102. Mentioned; Legislature at budget session has no power to appoint interim investigating committee. State, ex rel., v. Anderson, 180 Kan. 120, 126, 299 P.2d 1078.

103. Creation of new rights of action in the field of alienation of affections is a question for determination of the Legislature. Whitcomb v. Huffington, 180 Kan. 340, 344, 304 P.2d 465.

104. Separation of powers theory discussed in holding state finance council law valid. State, ex rel., v. Fadely, 180 Kan. 652, 653, 663, 667, 670, 671, 675, 676, 686, 308 P.2d 537.

105. Water districts; creation; procedure not unlawful delegation of legislative power. Water District No. 1 v. Robb, 182 Kan. 2, 14, 20, 318 P.2d 387.

106. Fair trade act (K.S.A. 50-301 et seq.) held unconstitutional as applied to nonsigners of contracts. Quality Oil Co. v. du Pont & Co., 182 Kan. 488, 491, 495, 498, 322 P.2d 731.

107. Constitutional officers duty bound to comply fully with limitations of constitution. State, ex rel., v. Shanahan, 183 Kan. 464, 468, 327 P.2d 1042.

108. Under its inherent police power, the state, through the Legislature, has power and authority to regulate liquor traffic; no vested right to license. Murphy v. Curtis, 184 Kan. 291, 296, 336 P.2d 411.

109. Legislature has plenary power over highways; their use may be limited, controlled and regulated under police power to promote safety and general welfare. Riddle v. State Highway Commission, 184 Kan. 603, 611, 339 P.2d 301.

110. Police power of supervision and control of highways may be exercised directly by the Legislature, or may be delegated. Smith v. State Highway Commission, 185 Kan. 445, 453, 346 P.2d 259.

111. Legislative power defined; executive and legislative powers distinguished. State, ex rel., v. State Office Building Commission, 185 Kan. 563, 567, 568, 574, 345 P.2d 674.

112. Legislature determines the policy of the state in regard to capital punishment; courts are bound to follow; insanity defense discussed. State v. Andrews, 187 Kan. 458, 357 P.2d 739. Certiorari denied: 368 U.S. 868, 82 S. Ct. 80, 7 L.Ed.2d 259.

113. Liquor price control act (L. 1959, ch. 217) invalid; unconstitutional delegation of legislative power. State, ex rel., v. Mermis, 187 Kan. 611, 616, 618, 358 P.2d 936.

114. Act authorizing city to extend credit for promotion of private industry (K.S.A. 12-1740 through 12-1749) does not violate section. State, ex rel., v. City of Pittsburg, 188 Kan. 612, 619, 621, 364 P.2d 71.

115. Unified school district act (K.S.A. 72-6701 through 72-6733) unconstitutional; invalid delegation of legislative power; title insufficient. School District, Joint No. 71 v. Throckmorton, 189 Kan. 259, 260, 368 P.2d 367; 189 Kan. 590, 591, 370 P.2d 89.

116. Municipalities are political subordinate subdivisions of the state government and Legislatures in conferring powers on them may impose limitations on those powers; decision after home rule amendment adopted. Koppel v. City of Fairway, 189 Kan. 710, 712, 371 P.2d 113.

117. Statute (K.S.A. 21-403) prescribing penalties for murder (life imprisonment or death) valid; legislative power not delegated to jury. State v. Latham & York, 190 Kan. 411, 421, 375 P.2d 788. Certiorari denied: 373 U.S. 919, 83 S. Ct. 1310, 10 L.Ed.2d 418.

118. Ordinance prohibiting person who has procured federal gambling stamp from receiving or holding city license for coin-operated amusement device held valid. Grigsby v. Mitchum, 191 Kan. 293, 300, 380 P.2d 363. Certiorari denied: 375 U.S. 966, 84 S. Ct. 483, 11 L.Ed. 415.

119. Highway commission exercises police power under the statute in relocating highway and controlling access thereto. Moore v. State Highway Commission, 191 Kan. 624, 628, 383 P.2d 549.

120. Organic law of the state conferred upon the Legislature all the legislative power possessed by the people in their collective capacity except that conferred on Congress or expressly reserved to the people by state constitution. German Alliance Ins. Co. v. Barnes, 189 F. 769, 774. Affirmed: 233 U.S. 389, 34 S. Ct. 612, 58 L.Ed. 1011.

121. What constitutes a suit against the state within the meaning of the 11th Amendment of the United States constitution construed; distribution of powers doctrine discussed; court of visitation act held unconstitutional. Western Union Tel. Co. v. Myatt, 98 F. 335, 347, 353, 360.

122. Mentioned; state act providing for distribution of 20 "extra" representatives unconstitutional. Harris v. Shanahan, 192 Kan. 183, 202, 387 P.2d 771.

123. Mentioned; seats in both houses of Kansas Legislature must be apportioned on a population basis; dissent. Harris v. Anderson, 194 Kan. 302, 307, 400 P.2d 25. Certiorari denied: 382 U.S. 894, 86 S. Ct. 185, 15 L.Ed.2d 150.

124. Legislature has power to create police courts hereunder. Holland v. Lutz, 194 Kan. 712, 717, 401 P.2d 1015.

125. Delegation of legislative power to alter school districts to superintendent of public instruction not unconstitutional. Tecumseh School District v. Throckmorton, 195 Kan. 144, 145, 147, 403 P.2d 102.

126. Section not violated by delegation of authority to state superintendent of public instruction in K.S.A. 72-6743. Board of Satanta v. Grant County Planning Board, 195 Kan. 640, 646, 408 P.2d 655. Upheld: 385 U.S. 6, 87 S. Ct. 50, 17 L.Ed.2d 6.

127. Act providing for "equitable payments" between school districts not void by reason of vagueness and uncertainty. Unified School District No. 255 v. Unified School District No. 254, 204 Kan. 282, 289, 463 P.2d 499.

128. Provisions of K.S.A. 80-2178 et seq., not in violation hereof. DeForest v. Herbert, 204 Kan. 516, 518, 519, 464 P.2d 265.

129. Mentioned in considering validity of constitutional amendments. Moore v. Shanahan, 207 Kan. 645, 652, 671, 672, 486 P.2d 506.

130. K.S.A. 79-3290 relating to basis of ascertaining net income does not constitute an unlawful delegation of legislative power. Missouri Pacific Railroad Co. v. McDonald, 207 Kan. 744, 746, 486 P.2d 1347. Affirmed: 208 Kan. 479, 493 P.2d 280.

131. Section not repealed by implication by Section 6 of Article 1, which authorizes governor to issue reorganization orders. Van Sickle v. Shanahan, 212 Kan. 426, 452, 511 P.2d 223.

132. Tobacco products act (K.S.A. 79-3370 et seq.) not unlawful delegation to private persons. Kansas Tobacco-Candy Distributors and Vendors, Inc. v. McDonald, 214 Kan. 67, 71, 519 P.2d 1110.

133. Construed with Article 6; K.S.A. 72-7108 held not constitutionally impermissible as unlawful delegation of legislative power. State, ex rel., v. State Board of Education, 215 Kan. 551, 553, 554, 556, 560, 527 P.2d 952.

134. Applied; annexation statute (K.S.A. 12-519 et seq.) not unconstitutional; severance of K.S.A. 12-525. State, ex rel., v. City of Overland Park, 215 Kan. 700, 706, 527 P.2d 1340.

135. Construed with other constitutional provisions in determining rejection of governor's appointment by senate lawful. Leek v. Theis, 217 Kan. 784, 795, 539 P.2d 304.

136. K.S.A. 38-826 not unconstitutional delegation of legislative power; adequate standards. State v. Green, 218 Kan. 438, 442, 544 P.2d 356.

137. Legislative reimposition of governmental immunity after judicial abrogation of court-imposed immunity upheld. Brown v. Wichita State University, 219 Kan. 1, 2, 7, 9, 547 P.2d 1015.

138. Statutes providing for 55 mile per hour speed limits (K.S.A. 8-1336 et seq.) not unconstitutional delegation of legislative power. State v. Dumler, 221 Kan. 386, 559 P.2d 798.

139. Appointment of legislative members to state finance council not violative of separation of powers doctrine. State, ex rel., v. Bennett, 222 Kan. 12, 17, 564 P.2d 1281.

140. "Array method" prescribed by K.S.A. 44-710a of Employment Security Act does not constitute unlawful delegation of legislative authority. Wesley Medical Center v. McCain, 226 Kan. 263, 268, 269, 597 P.2d 1088.

141. No impermissible delegation of legislative authority by enactment of 1979 amendments to Kansas Liquor Control Act. Colby Distributing Co. v. Lennen, 227 Kan. 179, 192, 606 P.2d 102.

142. Provision of K.S.A. 65-1031 restricting approval for examination and registration to graduates of pharmacy schools accredited by American council on pharmaceutical education is unlawful delegation of legislative authority. Gumbhir v. Kansas State Board of Pharmacy, 228 Kan. 579, 587, 618 P.2d 837.

143. Port authorities act (K.S.A. 12-3401 et seq.) does not violate Kansas Constitution. State ex rel. Tomasic v. Kansas City, Kansas Port Authority, 229 Kan. 538, 626 P.2d 209.

144. Port authorities act not violative of section. State ex rel. Tomasic v. Kansas City, Kansas Port Authority, 230 Kan. 19, 21, 630 P.2d 692 (1981).

145. Authorizing local units of government to reduce or eliminate statewide intangibles tax levy held unconstitutional delegation. Von Ruden v. Miller, 231 Kan. 1, 2, 11, 13, 15, 16, 18, 642 P.2d 91 (1982).

146. Classification made in K.S.A. 65-1631(a) is rationally related to state's interest in ensuring a competent field of practicing pharmacists. Gumbhir v. Kansas State Board of Pharmacy, 231 Kan. 507, 508, 646 P.2d 1078 (1982).

147. Industrial revenue bond 10-year tax exemptions (79-201a Second) and economic development revenue bond payments in lieu of taxes (12-1742) constitutional. State ex rel. Tomasic v. City of Kansas City, 237 Kan. 572, 586, 701 P.2d 1314 (1985).

148. Provisions of 12-1,101 for intangibles tax not unauthorized delegation of legislative authority. Cogswell v. Sherman County, 238 Kan. 438, 441, 710 P.2d 1331 (1985).

149. Boiler safety act (44-913 et seq.) not unconstitutional delegation of legislative power. North Amer. Safety Valve Industries v. Wolgast, 672 F. Supp. 488, 495 (1987).

150. Constitutionality of judicial review of prohibited practice complaints under K.S.A. 72-5430 examined. U.S.D. 279 v. Secretary, Kansas Dept. of Human Resources, 14 Kan. App. 2d 248, 259, 788 P.2d 867 (1990).

151. One benefiting from statute is precluded from challenging its constitutionality. Leavenworth-Jefferson Electric Co-op v. Kansas Corp. Comm'n, 247 Kan. 268, 270, 274, 797 P.2d 874 (1990).

152. Authority of secretary of human resources to remedy infractions of professional negotiations act (72-5413 et seq.) is constitutionally permissible. U.S.D. No. 279 v. Secretary of Kansas Dept. of Human Resources, 247 Kan. 519, 535, 802 P.2d 516 (1990).

153. Constitutionality of K.S.A. 40-2404b prohibiting unfair competition and deceptive practices in insurance industry examined and upheld. Guardian Title Co. v. Bell, 248 Kan. 146, 149, 805 P.2d 33 (1991).

154. Healing arts act (65-2801 et seq.) gives board sufficient guidance to exercise discretion and therefore does not violate constitution. Vakas v. Kansas Bd. of Healing Arts, 248 Kan. 589, 590, 602, 808 P.2d 1355 (1991).

155. Cited in opinion Governor lacked legislative authority to bind state in negotiating with Kickapoo nation on gaming compact. State ex rel Stephan v. Finney, 251 Kan. 559, 572, 836 P.2d 1169 (1992).

156. Delegation of authority to the secretary of human resources does not violate Kansas Constitution. U.S.D. No. 314 v. Kansas Dept. of Human Resources, 18 Kan. App. 2d 596, 602, 856 P.2d 1343 (1993).

157. Whether workers compensation board selected by private organizations is an unconstitutional delegation of legislative power examined. Sedlak v. Dick, 256 Kan. 779, 798, 802, 887 P.2d 1119 (1995).

158. High school activities association regulating interscholastic sports not an unconstitutional delegation of legislative authority. Robinson v. Kansas State High School Activities Ass'n, 260 Kan. 136, 141, 917 P.2d 836 (1996).

159. Order that K.S.A. 65-2872a unconstitutional hereunder improperly appealed; not final judgment nor did it grant injunctive or quo warranto relief. State ex rel. Board of Healing Arts v. Beyrle, 262 Kan. 507, 941 P.2d 371 (1997).

160. Improper legislative veto contained in consolidation act (12-340 et seq.) severable; legislative inaction rendered issue irrelevant. State ex rel. Tomasic v. Unified Gov. of Wyandotte Co./Kansas City, 264 Kan. 293, 303, 311, 955 P.2d 1136 (1998).

161. Kansas sentencing guidelines act retroactivity provision (21-4724) does not violate separation of powers. State v. Jones, 24 Kan. App. 2d 669, 671, 951 P.2d 1302 (1998).

162. 65-2872 is not unlawful delegation of legislative power. State ex rel Board of Healing Arts v. Beyrle, 269 Kan. 616, 7 P.3d 1194 (2000).

163. Natural gas stored in Kansas by company not selling natural gas in Kansas held to be merchants' inventory and not subject to property tax. In re Tax Exemption Application of Central Illinois Public Services Co., 276 Kan. 612, 78 P.3d 419 (2003).