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§ 19. Publication of acts. No act shall take effect until the enacting bill is published as provided by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 53; L. 1974, ch. 458, § 1; November 5, 1974.

Revisor's Note:

Provision in original section relating to election and appointment of officers and filling of vacancies was transferred to § 18 of this article by revision of 1974.

CASE ANNOTATIONS

1. Portions of act to take effect at different times, unconstitutional. Comm'rs of Montgomery Co. v. Glass, 4 Kan. App. 286, 289, 45 P. 935.

2. Law of general nature has no effect unless published. The State, ex rel., Guthrie, v. Board of Commissioners, 4 Kan. 261, 272.

3. Law prescribing what shall constitute publication of laws, held valid. Turner v. Davis, 21 Kan. 131, 139.

4. Legislature need not name particular day if time definitely ascertained. Comm'rs of Cherokee Co. v. Chew, 44 Kan. 162, 164, 24 P. 62.

5. Meaning of "from and after its publication" determined. Coal Co. v. Barber, 47 Kan. 29, 27 P. 114.

6. Publication omitting enacting clause or other essential part is not a publication of law. In re Swartz, Petitioner, 47 Kan. 157, 159, 27 P. 839.

7. Act must take effect as an entirety at definite time. Comm'rs of Miami Co. v. Hiner, 54 Kan. 334, 336, 38 P. 286; Finnegan v. Sale, 54 Kan. 420, 38 P. 477; The State v. Deets, 54 Kan. 504, 38 P. 798.

8. Act held to take effect as entirety at definite time. The State v. Newbold, 56 Kan. 71, 42 P. 345.

9. Publication in "official state paper" equivalent to "official city paper." The State v. Topeka, 68 Kan. 177, 188, 74 P. 647.

10. Act may take effect at later date, depending on population. The State, ex rel., v. Meek, 86 Kan. 576, 579, 120 P. 555.

11. Law held regularly enacted where legislative journals do not clearly and affirmatively establish invalidity of enrolled bill. The State v. Fleeman, 102 Kan. 670, 673, 171 P. 618.

12. When house concurrent resolution may become a law. The State, ex rel., v. Knapp, 102 Kan. 701, 705, 171 P. 639.

13. Closely related parts or sections of an act must become effective at same time; cases reviewed. Parker v. Continental Casualty Co., 191 Kan. 674, 677, 678, 679, 383 P.2d 937.

14. Bills and joint resolutions must be signed by the governor. Coleman v. Miller, 146 Kan. 390, 396, 71 P.2d 518. Affirmed: 307 U.S. 433, 59 S. Ct. 972, 83 L.Ed. 1385.

15. Whether workers compensation board selection by private organizations legislatively usurps executive power violating separation of powers examined. Sedlak v. Dick, 256 Kan. 779, 788, 792, 887 P.2d 1119 (1995).