Constitution of the State of Kansas

Constitution of the State of Kansas

ORDINANCE
WHEREAS, The government of the United States is the proprietor of a large portion
of the lands included in the limits of the state of Kansas as defined by this
constitution; and,
WHEREAS, The state of Kansas will possess the right to tax said lands for purposes
of government, and for other purposes; Now, therefore,
Be it ordained by the people of Kansas:
That the right of the state of Kansas to tax such lands is relinquished forever, and the
state of Kansas will not interfere with the title of the United States to such lands, nor
with any regulation of congress in relation thereto, nor tax nonresidents higher than
residents: Provided always, That the following conditions be agreed to by congress:
§ 1: School sections. Sections numbered sixteen and thirty-six in each township in
the state, including Indian reservations and trust lands, shall be granted to the state
for the exclusive use of common schools; and when either of said sections, or any
part thereof, has been disposed of, other lands of equal value, as nearly contiguous
thereto as possible, shall be substituted therefor.
§ 2: University lands. That seventy-two sections of land shall be granted to the state
for the erection and maintenance of a state university.
§ 3: Lands for public buildings. That thirty-six sections shall be granted to the state
for the erection of public buildings.
§ 4: Lands for benevolent institutions. That seventy-two sections shall be granted
to the state for the erection and maintenance of charitable and benevolent
institutions.
§ 5: Salt springs and mines. That all salt springs, not exceeding twelve in number,
with six sections of land adjacent to each, together with all mines, with the lands
necessary for the full use, shall be granted to the state for works of public
improvement.
§ 6: Proceeds to schools. That five percentum of the proceeds of the public lands in
Kansas, disposed of after the admission of the state into the union, shall be paid to
the state for a fund, the income of which shall be used for the support of common
schools.
§ 7: School lands. That the five hundred thousand acres of land to which the state is
entitled under the act of congress entitled “An act to appropriate the proceeds of the
sales of public lands and grant pre-emption rights,” approved September 4th, 1841,
shall be granted to the state for the support of common schools.
§ 8: Selection of lands. That the lands hereinbefore mentioned shall be selected in
such manner as may be prescribed by law; such selections to be subject to the
approval of the commissioner of the general land office of the United States.
PREAMBLE
We, the people of Kansas, grateful to Almighty God for our civil and religious
privileges, in order to insure the full enjoyment of our rights as American citizens, do
ordain and establish this constitution of the state of Kansas, with the following
boundaries, to wit: Beginning at a point on the western boundary of the state of
Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence
running west on said parallel to the twenty-fifth meridian of longitude west from
Washington; thence north on said meridian to the fortieth parallel of north latitude;
thence east on said parallel to the western boundary of the state of Missouri; thence
south with the western boundary of said state to the place of beginning.
State of Kansas
Kansas Bill of Rights
§ 1. Equal rights. All men are possessed of equal and inalienable natural rights,
among which are life, liberty, and the pursuit of happiness.
§ 2. Political power; privileges. All political power is inherent in the people, and all
free governments are founded on their authority, and are instituted for their equal
protection and benefit. No special privileges or immunities shall ever be granted by
the legislature, which may not be altered, revoked or repealed by the same body; and
this power shall be exercised by no other tribunal or agency.
§ 3. Right of peaceable assembly; petition. The people have the right to assemble,
in a peaceable manner, to consult for their common good, to instruct their
representatives, and to petition the government, or any department thereof, for the
redress of grievances.
§ 4. Bear arms; armies. The people have the right to bear arms for their defense
and security; but standing armies, in time of peace, are dangerous to liberty, and shall
not be tolerated, and the military shall be in strict subordination to the civil power.
§ 5. Trial by jury. The right of trial by jury shall be inviolate.
§ 6. Slavery prohibited. There shall be no slavery in this state; and no involuntary
servitude, except for the punishment of crime, whereof the party shall have been duly
convicted.
§ 7. Religious liberty. The right to worship God according to the dictates of
conscience shall never be infringed; nor shall any person be compelled to attend or
support any form of worship; nor shall any control of or interference with the rights
of conscience be permitted, nor any preference be given by law to any religious
establishment or mode of worship. No religious test or property qualification shall be
required for any office of public trust, nor for any vote at any elections, nor shall any
person be incompetent to testify on account of religious belief.
§ 8. Habeas corpus. The right to the writ of habeas corpus shall not be suspended,
unless the public safety requires it in case of invasion or rebellion.
§ 9. Bail. All persons shall be bailable by sufficient sureties except for capital
offenses, where proof is evident or the presumption great. Excessive bail shall not be
required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
§ 10. Trial; defense of accused. In all prosecutions, the accused shall be allowed to
appear and defend in person, or by counsel; to demand the nature and cause of the
accusation against him; to meet the witness face to face, and to have compulsory
process to compel the attendance of the witnesses in his behalf, and a speedy public
trial by an impartial jury of the county or district in which the offense is alleged to
have been committed. No person shall be a witness against himself, or be twice put in
jeopardy for the same offense.
§ 11. Liberty of press and speech; libel. The liberty of the press shall be inviolate;
and all persons may freely speak, write or publish their sentiments on all subjects,
being responsible for the abuse of such rights; and in all civil or criminal actions for
libel, the truth may be given in evidence to the jury, and if it shall appear that the
alleged libelous matter was published for justifiable ends, the accused party shall be
acquitted.
§ 12. No forfeiture of estate for crimes. No conviction within the state shall work a
forfeiture of estate.
§ 13. Treason. Treason shall consist only in levying war against the state, adhering to
its enemies, or giving them aid and comfort. No person shall be convicted of treason
unless on the evidence of two witnesses to the overt act, or confession in open court.
§ 14. Soldiers’ quarters. No soldier shall, in time of peace, be quartered in any house
without the consent of the occupant, nor in time of war, except as prescribed by law.
§ 15. Search and seizure. The right of the people to be secure in their persons and
property against unreasonable searches and seizures shall be inviolate; and no warrant
shall issue but on probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons or property to be seized.
§ 16. Imprisonment for debt. No person shall be imprisoned for debt, except in
cases of fraud.
§ 17. Property rights of citizens and aliens. No distinction shall ever be made
between citizens of the state of Kansas and the citizens of other states and territories
of the United States in reference to the purchase, enjoyment or descent of property.
The rights of aliens in reference to the purchase, enjoyment or descent of property
may be regulated by law.
§ 18. Justice without delay. All persons, for injuries suffered in person, reputation
or property, shall have remedy by due course of law, and justice administered without
delay.
§ 19. Emoluments or privileges prohibited. No hereditary emoluments, honors, or
privileges shall ever be granted or conferred by the state.
§ 20. Powers retained by people. This enumeration of rights shall not be construed
to impair or deny others retained by the people; and all powers not herein delegated
remain with the people.
Constitution of the State of Kansas
Article 1.–EXECUTIVE
§ 1: Executive officers; selection; terms. The constitutional officers of the
executive department shall be the governor, lieutenant governor, secretary of state,
and attorney general, who shall have such qualifications as are provid ed by law. Such
officers shall be chosen by the electors of this state at the time of voting for members
of the legislature in the year 1974 and every four years thereafter, and such officers
elected in 1974 and thereafter shall have terms of four years w hich shall begin on the
second Monday of January next after their election, and until their successors are
elected and qualified. In the year 1974 and thereafter, at all elections of governor and
lieutenant governor the candidates for such offices shall b e nominated and elected
jointly in such manner as is prescribed by law so that a single vote shall be cast for a
candidate for governor and a candidate for lieutenant governor running together, and
if such candidates are nominated by petition or conventio n each petition signature
and each convention vote shall be made for a candidate for governor and a candidate
for lieutenant governor running together. No person may be elected to more than
two successive terms as governor nor to more than two successive terms as lieutenant
governor.
§ 3: Executive power of governor. The supreme executive power of this state shall
be vested in a governor, who shall be responsible for the enforcement of the laws of
this state.
§ 4: Reports to governor. The governor may require information in writing from
the officers of the executive department, upon any subject relating to their respective
duties. The officers of the executive department, and of all publi c state institutions,
shall, at least ten days preceding each regular session of the legislature, severally
report to the governor, who shall transmit such reports to the legislature.
§ 5: Governor’s duties for legislature; messages; special sessions; adjournment.
The governor may, on extraordinary occasions, call the legislature into special session
by proclamation; and shall call the legislature into special s ession, upon petition
signed by at least two-thirds of the members elected to each house. At every session
of the legislature the governor shall communicate in writing information in reference
to the condition of the state, and recommend such measures as he deems expedient.
In case of disagreement between the two houses in respect of the time of
adjournment, the governor may adjourn the legislature to such time as he deems
proper, not beyond its next regular session.
§ 6: Reorganization of state agencies of executive branch.
(a) For the purpose of transferring, abolishing, consolidating or coordinating
the whole or any part of any state agency, or the functions thereof, within the
executive branch of state government, when the governor considers the same
necessary for efficient administration, he may issue one or more executive
reorganization orders, each bearing an identifying number, and transmit the
same to the legislature within the first thirty calendar days of any regular
session. Agencies and functions of the l egislative and judicial branches, and
constitutionally delegated functions of state officers and state boards shall be
exempt from executive reorganization orders.
(b) The governor shall transmit each executive reorganization order to both
houses of the legislature on the same day, and each such order shall be
accompanied by a governor’s message which shall specify with respect to each
abolition of a function i ncluded in the order the statutory authority for the
exercise of the function. Every executive reorganization order shall provide
for the transfer or other disposition of the records, property and personnel
affected by the order. Every executive reorganiz ation order shall provide for
all necessary transfers of unexpended balances of appropriations of agencies
affected by such order, and such changes in responsibility for and handling of
special funds as may be necessary to accomplish the purpose of such o rder.
Transferred balances of appropriations may be used only for the purposes for
which the appropriation was originally made.
(c) Each executive reorganization order transmitted to the legislature as
provided in this section shall take effect and have the force of general law on
the July 1 following its transmittal to the legislature, unless within sixty
calendar days and b efore the adjournment of the legislative session either the
senate or the house of representatives adopts by a majority vote of the
members elected thereto a resolution disapproving such executive
reorganization order. Under the provisions of an executive reorganization
order a portion of the order may be effective at a time later than the date on
which the order is otherwise effective.
(d) An executive reorganization order which is effective shall be published as
and with the acts of the legislature and the statutes of the state. Any executive
reorganization order which is or is to become effective may be amended or
repealed as sta tutes of the state are amended or repealed.
§ 7: Pardons. The pardoning power shall be vested in the governor, under
regulations and restrictions prescribed by law.
§ 9: State seal and commissions. There shall be a seal of the state, which shall be
kept by the governor, and used by him officially, and which shall be the great seal of
Kansas. All commissions shall be issued in the name of the state of Kansas; and shall
be signed by the governor, countersigned by the secretary of state, and sealed with
the great seal.
§ 11: Vacancies in executive offices. When the office of governor is vacant, the
lieutenant governor shall become governor. In the event of the disability of the
governor, the lieutenant governor shall assume the powers and dutie s of governor
until the disability is removed. The legislature shall provide by law for the succession
to the office of governor should the offices of governor and lieutenant governor be
vacant, and for the assumption of the powers and duties of governor during the
disability of the governor, should the office of lieutenant governor be vacant or the
lieutenant governor be disabled. When the office of secretary of state or attorney
general is vacant, the governor shall fill the vacancy by appointment for the
remainder of the term. If the secretary of state or attorney general is disabled, the
governor shall name a person to assume the powers and duties of the office until the
disability is removed. The procedure for determining disability and the removal t
hereof shall be provided by law.
§ 12: Lieutenant governor. The lieutenant governor shall assist the governor and
have such other powers and duties as are prescribed by law.
§ 13: Compensation of officers. The officers mentioned in this article shall at stated
times receive for their services a such compensation as is established by law, which
shall not be diminished during their terms of office, u nless by general law applicable
to all salaried officers of the state. Any person exercising the powers and duties of an
office mentioned in this article shall receive the compensation established by law for
that office.
Article 2.–LEGISLATIVE
§ 1: Legislative power. The legislative power of this state shall be vested in a house
of representatives and senate.
§ 2: Senators and representatives. The number of representatives and senators
shall be regulated by law, but shall not exceed one hundred twenty-five
representatives and forty senators. Representatives and senators shall be elected from
single-member districts prescribed by law. Representatives shall be elected for two
year terms. Senators shall be elected for four year terms. The terms of representatives
and senators shall commence on the second Monday of January of the year following
election.
§ 3: Compensation of members of legislature. The members of the legislature
shall receive such compensation as may be provided by law or such compensation as
is determined according to law.
§ 4: Qualifications of members. During the time that any person is a candidate for
nomination or election to the legislature and during the term of each legislator, such
candidate or legislator shall be and remain a qualified elector who resides in his or her
district.
§ 5: Eligibility and disqualification of members. No member of congress and no
civil officer or employee of the United States or of any department, agency, or
instrumentality thereof shall be eligible to be a member of the legislature. Any
member of the legislature who accepts any appointment or election contrary to the
foregoing shall be disqualified as a member of the legislature.
§ 8: Organization and sessions. The legislature shall meet in regular session
annually commencing on the second Monday in January, and all sessions shall be held
at the state capital. The duration of regular sessions held in even-numbered years shall
not exceed ninety calendar days. Such sessions may be extended beyond ninety
calendar days by an affirmative vote of two-thirds of the members elected to each
house. Bills and concurrent resolutions under consideration by the legislature upon
adjournment of a regular session held in an odd-numbered year may be considered at
the next succeeding regular session held in an even-numbered year, as if there had
been no such adjournment.
The legislature shall be organized concurrently with the terms of representatives
except that the senate shall remain organized during the terms of senators. The
president of the senate shall preside over the senate, and the speaker of the house of
representatives shall preside over the house of representatives. A majority of the
members then elected (or appointed) and qualified of the house of representatives or
the senate shall constitute a quorum of that house. Neither house, without the
consent of the other, shall adjourn for more than two days, Sundays excepted. Each
house shall elect its presiding officer and determine the rules of its proceedings,
except that the two houses may adopt joint rules on certain matters and provide for
the manner of change thereof. Each house shall provide for the expulsion or censure
of members in appropriate cases. Each house shall be the judge of elections, returns
and qualifications of its own members.
§ 9: Vacancies in legislature. All vacancies occurring in either house shall be filled
as provided by law.
§ 10: Journals. Each house shall publish a journal of its proceedings. The affirmative
and negative votes upon the final passage of every bill and every concurrent
resolution for amendment of this constitution or ratification of an amendment to the
Constitution of the United States shall be entered in the journal. Any member of
either house may make written protest against any act or resolution, and the same
shall be entered in the journal without delay or alteration.
§ 12: Origination by either house. Bills and concurrent resolutions may originate in
either house, but may be amended or rejected by the other.
§ 13: Majority for passage of bills. A majority of the members then elected (or
appointed) and qualified of each house, voting in the affirmative, shall be necessary to
pass any bill. Two-thirds (2/3) of the members then elected (or appointed) and
qualified in each house, voting in the affirmative, shall be necessary to ratify any
amendment to the Constitution of the United States or to make any application for
congress to call a convention for proposing amendments to the Constitution of the
United States.
§ 14: Approval of bills; vetoes.
(a) Within ten days after passage, every bill shall be signed by the presiding
officers and presented to the governor. If the governor approves a bill, he
shall sign it. If the governor does not approve a bill, the governor shall veto it
by returning the bill, with a veto message of the objections, to the house of
origin of the bill. Whenever a veto message is so received, the message shall be
entered in the journal and in not more than thirty calendar days (excluding the
day received), the house of origin shall reconsider the bill. If two-thirds of the
members then elected (or appointed) and qualified shall vote to pass the bill, it
shall be sent, with the veto message, to the other house, which shall in not
more than thirty calendar days (excluding the day received) also reconsider the
bill, and if approved by two-thirds of the members then elected (or appointed)
and qualified, it shall become a law, notwithstanding the governor’s veto.
If any bill shall not be returned within ten calendar days (excluding the day
presented) after it shall have been presented to the governor, it shall become a
law in like manner as if it had been signed by the governor.
(b) If any bill presented to the governor contains several items of
appropriation of money, one or more of such items may be disapproved by
the governor while the other portion of the bill is approved by the governor.
In case the governor does so disapprove, a veto message of the governor
stating the item or items disapproved, and the reasons therefor, shall be
appended to the bill at the time it is signed, and the bill shall be returned with
the veto message to the house of origin of the bill. Whenever a veto message
is so received, the message shall be entered in the journal and, in not more
than thirty calendar days, the house of origin shall reconsider the items of the
bill which have been disapproved. If two-thirds of the members then elected
(or appointed) and qualified shall vote to approve any item disapproved by the
governor, the bill, with the veto message, shall be sent to the other house,
which shall in not more than thirty calendar days also reconsider each such
item so approved by the house of origin, and if approved by two-thirds of all
the members then elected (or appointed) and qualified, any such item shall
take effect and become a part of the bill.
§ 15: Requirements before bill passed. No bill shall be passed on the day that it is
introduced, unless in case of emergency declared by two-thirds of the members
present in the house where a bill is pending.
§ 16: Subject and title of bills; amendment or revival of statutes. No bill shall
contain more than one subject, except appropriation bills and bills for revision or
codification of statutes. The subject of each bill shall be expressed in its title. No law
shall be revived or amended, unless the new act contain the entire act revived or the
section or sections amended, and the section or sections so amended shall be
repealed. The provisions of this section shall be liberally construed to effectuate the
acts of the legislature.
§ 17: Uniform operation of laws of a general nature. All laws of a general nature
shall have a uniform operation throughout the state: Provided, The legislature may
designate areas in counties that have become urban in character as “urban areas” and
enact special laws giving to any one or more of such counties or urban areas such
powers of local government and consolidation of local government as the legislature
may deem proper.
§ 18: Election or appointment of officers; filling vacancies. The legislature may
provide for the election or appointment of all officers and the filling of all vacancies
not otherwise provided for in this constitution.
§ 19: Publication of acts. No act shall take effect until the enacting bill is published
as provided by law.
§ 20: Enacting clause of bills; laws enacted only by bill. The enacting clause of
all bills shall be “Be it enacted by the Legislature of the State of Kansas:”. No law
shall be enacted except by bill.
§ 21: Delegation of powers of local legislation and administration. The
legislature may confer powers of local legislation and administration upon political
subdivisions.
§ 22: Legislative immunity. For any speech, written document or debate in either
house, the members shall not be questioned elsewhere. No member of the legislature
shall be subject to arrest — except for treason, felony or breach of the peace — in
going to, or returning from, the place of meeting, or during the continuance of the
session; neither shall he be subject to the service of any civil process during the
session, nor for fifteen days previous to its commencement.
§ 24: Appropriations. No money shall be drawn from the treasury except in
pursuance of a specific appropriation made by law.
§ 27: Impeachment. The house of representatives shall have the sole power to
impeach. All impeachments shall be tried by the senate; and when sitting for that
purpose, the senators shall take an oath to do justice according to the law and the
evidence. No person shall be convicted without the concurrence of two-thirds of the
senators then elected (or appointed) and qualified.
§ 28: Officers impeachable; grounds; punishment. The governor and all other
officers under this constitution, shall be removed from office on impeachment for,
and conviction of treason, bribery, or other high crimes and misdemeanors.
§ 30: Delegation of powers to interstate bodies. The legislature may confer
legislative powers upon interstate bodies, comprised of officers of this state or its
political subdivisions acting in conjunction with officers of other jurisdictions,
relating to the functions thereof. Any such delegation, and any agreement made
thereunder shall be subject to limitation, change or termination by the legislature,
unless contained in a compact approved by the congress.
Article 3.–JUDICIAL
§ 1: Judicial power; seals; rules. The judicial power of this state shall be vested
exclusively in one court of justice, which shall be divided into one supreme court,
district courts, and such other courts as are provided by law; and all courts of record
shall have a seal. The supreme court shall have general administrative authority over
all courts in this state.
§ 2: Supreme court. The supreme court shall consist of not less than seven justices
who shall be selected as provided by this article. All cases shall be heard with not
fewer than four justices sitting and the concurrence of a majority of the justices
sitting and of not fewer than four justices shall be necessary for a decision. The term
of office of the justices shall be six years except as hereinafter provided. The justice
who is senior in continuous term of service shall be chief justice, and in case two or
more have continuously served during the same period the senior in age of these shall
be chief justice. A justice may decline or resign from the office of chief justice
without resigning from the court. Upon such declinat ion or resignation, the justice
who is next senior in continuous term of service shall become chief justice. During
incapacity of a chief justice, the duties, powers and emoluments of the office shall
devolve upon the justice who is next senior in continu ous service.
§ 3: Jurisdiction and terms. The supreme court shall have original jurisdiction in
proceedings in quo warranto, mandamus, and habeas corpus; and such appellate
jurisdiction as may be provided by law. It shall hold one term each year at the seat of
government and such other terms at such places as may be provided by law, and its
jurisdiction shall be co-extensive with the state.
§ 4: Reporter; clerk. There shall be appointed, by the justices of the supreme court,
a reporter and clerk of said court, who shall hold their offices two years, and whose
duties shall be prescribed by law.
§ 5: Selection of justices of the supreme court.
(a) Any vacancy occurring in the office of any justice of the supreme court and
any position to be open thereon as a result of enlargement of the court, or the
retirement or failure of an incumbent to file his declaration of candidacy to
succeed h imself as hereinafter required, or failure of a justice to be elected to
succeed himself, shall be filled by appointment by the governor of one of
three persons possessing the qualifications of office who shall be nominated
and whose names shall be submit ted to the governor by the supreme court
nominating commission established as hereinafter provided.
(b) In event of the failure of the governor to make the appointment within
sixty days from the time the names of the nominees are submitted to him, the
chief justice of the supreme court shall make the appointment from such
nominees.
(c) Each justice of the supreme court appointed pursuant to provisions of
subsection (a) of this section shall hold office for an initial term ending on the
second Monday in January following the first general election that occurs after
the expiratio n of twelve months in office. Not less than sixty days prior to the
holding of the general election next preceding the expiration of his term of
office, any justice of the supreme court may file in the office of the secretary
of state a declaration of can didacy for election to succeed himself. If a
declaration is not so filed, the position held by such justice shall be open from
the expiration of his term of office. If such declaration is filed, his name shall
be submitted at the next general election to the electors of the state on a
separate judicial ballot, without party designation, reading substantially as
follows:
“Shall ________________________________________________
(Here insert name of justice.)
_________________________________________________
(Here insert the title of the court.)
be retained in office?”
If a majority of those voting on the question vote against retaining him in
office, the position or office which he holds shall be open upon the expiration
of his term of office; otherwise he shall, unless removed for cause, remain in
office for the regul ar term of six years from the second Monday in January
following such election. At the expiration of each term he shall, unless by law
he is compelled to retire, be eligible for retention in office by election in the
manner prescribed in this section.
(d) A nonpartisan nominating commission whose duty it shall be to nominate
and submit to the governor the names of persons for appointment to fill
vacancies in the office of any justice of the supreme court is hereby
established, and shall be known a s the “supreme court nominating
commission.” Said commission shall be organized as hereinafter provided.
(e) The supreme court nominating commission shall be composed as follows:
One member, who shall be chairman, chosen from among their number by
the members of the bar who are residents of and licensed in Kansas; one
member from each congressional dist rict chosen from among their number
by the resident members of the bar in each such district; and one member,
who is not a lawyer, from each congressional district, appointed by the
governor from among the residents of each such district.
(f) The terms of office, the procedure for selection and certification of the
members of the commission and provision for their compensation or
expenses shall be as provided by the legislature.
(g) No member of the supreme court nominating commission shall, while he
is a member, hold any other public office by appointment or any official
position in a political party or for six months thereafter be eligible for
nomination for the office of justice of the supreme court. The commission
may act only by the concurrence of a majority of its members.
§ 6: District courts.
(a) The state shall be divided into judicial districts as provided by law. Each
judicial district shall have at least one district judge. The term of office of each
judge of the district court shall be four years. District court shall be held at
such times and places as may be provided by law. The district judges shall be
elected by the electors of the respective judicial districts unless the electors of
a judicial district have adopted and not subsequently rejected a method of
nonpartisan selection. The legislature shall provide a method of nonpartisan
selection of district judges and for the manner of submission and
resubmission thereof to the electors of a judicial district. A nonpartisan
method of selection of district judges may be adopted, and o nce adopted may
be rejected, only by a majority of electors of a judicial district voting on the
question at an election in which the proposition is submitted. Whenever a
vacancy occurs in the office of district judge, it shall be filled by appointment
by the governor until the next general election that occurs more than thirty
days after such vacancy, or as may be provided by such nonpartisan method
of selection.
(b) The district courts shall have such jurisdiction in their respective districts
as may be provided by law.
(c) The legislature shall provide for clerks of the district courts.
(d) Provision may be made by law for judges pro tem of the district court.
(e) The supreme court or any justice thereof shall have the power to assign
judges of district courts temporarily to other districts.
(f) The supreme court may assign a district judge to serve temporarily on the
supreme court.
§ 7: Qualifications of justices and judges. Justices of the supreme court and
judges of the district courts shall be at least thirty years of age and shall be duly
authorized by the supreme court of Kansas to practice law in t he courts of this state
and shall possess such other qualifications as may be prescribed by law.
§ 8: Prohibition of political activity by justices and certain judges. No justice of
the supreme court who is appointed or retained under the procedure of section 5 of
this article, nor any judge of the district court holding off ice under a nonpartisan
method authorized in subsection (a) of section 6 of this article, shall directly or
indirectly make any contribution to or hold any office in a political party or
organization or take part in any political campaign.
§ 12: Extension of terms until successor qualified. All judicial officers shall hold
their offices until their successors shall have qualified.
§ 13: Compensation of justices and judges; certain limitation. The justices of the
supreme court and judges of the district courts shall receive for their services such
compensation as may be provided by law, which shall not b e diminished during their
terms of office, unless by general law applicable to all salaried officers of the state.
Such justices or judges shall receive no fees or perquisites nor hold any other office
of profit or trust under the authority of the state, or the United States except as may
be provided by law, or practice law during their continuance in office.
§ 15: Removal of justices and judges. Justices of the supreme court may be
removed from office by impeachment and conviction as prescribed in article 2 of this
constitution. In addition to removal by impeachment and conviction, justices may be
retired after appropriate hearing, upon certification to the governor, by the supreme
court nominating commission that such justice is so incapacitated as to be unable to
perform adequately his duties. Other judges shall be subject to reti rement for
incapacity, and to discipline, suspension and removal for cause by the supreme court
after appropriate hearing.
§ 16: Savings clause. Nothing contained in this amendment to the constitution shall:
(a) Shorten the term of office or abolish the office of any justice of the supreme
court, any judge of the district court, or any other judge of a ny other court who is
holding office at the time this amendment becomes effective, or who is holding office
at the time of adoption, rejection, or resubmission of a nonpartisan method of
selection of district judges as provided in subsection (a) of sectio n 6 hereof, and all
such justices and judges shall hold their respective offices for the terms for which
elected or appointed unless sooner removed in the manner provided by law; (b)
repeal any statute of this state relating to the supreme court, the supr eme court
nominating commission, district courts, or any other court, or relating to the justices
or judges of such courts, and such statutes shall remain in force and effect until
amended or repealed by the legislature.
Article 4.– ELECTIONS
§ 1: Mode of voting. All elections by the people shall be by ballot or voting device,
or both, as the legislature shall by law provide.
§ 2: General elections. General elections shall be held biennially on the Tuesday
succeeding the first Monday in November in even-numbered years. Not less than
three county commissioners shall be elected in each organized coun ty in the state, as
provided by law.
§ 3: Recall of elected officials. All elected public officials in the state, except judicial
officers, shall be subject to recall by voters of the state or political subdivision from
which elected. Procedures and grounds for recall shall be prescribed by law.
Article 5.–SUFFRAGE
§ 1: Qualifications of electors. Every citizen of the United States who has attained
the age of eighteen years and who resides in the voting area in which he or she seeks
to vote shall be deemed a qualified elector. Laws of this state relating to voting for
presidential electors and candidates for the office of president and vice-president of
the United States shall comply with the laws of the United States relating thereto. A
citizen of the United States, who is otherwise quali fied to vote in Kansas for
presidential electors and candidates for the offices of president and vice-president of
the United States may vote for such officers either in person or by absentee ballot
notwithstanding the fact that such person may have becom e a nonresident of this
state if his or her removal from this state occurs during a period in accordance with
federal law next preceding such election. A person who is otherwise a qualified
elector may vote in the voting area of his or her former residenc e either in person or
by absentee ballot notwithstanding the fact that such person may have become a
nonresident of such voting area during a period prescribed by law next preceding the
election at which he or she seeks to vote, if his new residence is in another voting
area in the state of Kansas.
§ 2: Disqualification to vote. The legislature may, by law, exclude persons from
voting because of mental illness or commitment to a jail or penal institution. No
person convicted of a felony under the laws of any state or of the United States,
unless pardoned or restored to his civil rights, shall be qualified to vote.
§ 4: Proof of right to vote. . The legislature shall provide by law for proper proofs of
the right of suffrage.
§ 7: Privileges of electors. Electors, during their attendance at elections, and in
going to and returning therefrom, shall be privileged from arrest in all cases except
felony or breach of the peace.
Article 6.–EDUCATION
§ 1: Schools and related institutions and activities. The legislature shall provide
for intellectual, educational, vocational and scientific improvement by establishing
and maintaining public schools, educational institutions an d related activities which
may be organized and changed in such manner as may be provided by law.
§ 2: State board of education and state board of regents.
(a) The legislature shall provide for a state board of education which shall have
general supervision of public schools, educational institutions and all the
educational interests of the state, except educational functions delegated by
law to the state board of regents. The state board of education shall perform
such other duties as may be provided by law.
(b) The legislature shall provide for a state board of regents and for its control
and supervision of public institutions of higher education. Public institutions
of higher education shall include universities and colleges granting
baccalaureate or p ostbaccalaureate degrees and such other institutions and
educational interests as may be provided by law. The state board of regents
shall perform such other duties as may be prescribed by law.
(c) Any municipal university shall be operated, supervised and controlled as
provided by law.
§ 3: Members of state board of education and state board of regents.
(a) There shall be ten members of the state board of education with
overlapping terms as the legislature may prescribe. The legislature shall make
prov ision for ten member districts, each comprised of four contiguous
senatorial districts. The electors of each member district shall elect one person
residing in the district as a member of the board. The legislature shall
prescribe the manner in which vaca ncies occurring on the board shall be
filled.
(b) The state board of regents shall have nine members with overlapping
terms as the legislature may prescribe. Members shall be appointed by the
governor, subject to confirmation by the senate. One member shall be
appointed from each congressional d istrict with the remaining members
appointed at large, however, no two members shall reside in the same county
at the time of their appointment. Vacancies occurring on the board shall be
filled by appointment by the governor as provided by law.
(c) Subsequent redistricting shall not disqualify any member of either board
from service for the remainder of his term. Any member of either board may
be removed from office for cause as may be provided by law.
§ 4: Commissioner of education. The state board of education shall appoint a
commissioner of education who shall serve at the pleasure of the board as its
executive officer.
§ 5: Local public schools. Local public schools under the general supervision of the
state board of education shall be maintained, developed and operated by locally
elected boards. When authorized by law, such boards may make and carry out
agreements for cooperative operation and administration of educational programs
under the general supervision of the state board of education, but such agreements
shall be subject to limitation, change or termination by the legislature.
§ 6: Finance.
(a) The legislature may levy a permanent tax for the use and benefit of state
institutions of higher education and apportion among and appropriate the
same to the several institutions, which levy, apportionment and appropriation
shall continue unt il changed by statute. Further appropriation and other
provision for finance of institutions of higher education may be made by the
legislature.
(b) The legislature shall make suitable provision for finance of the educational
interests of the state. No tuition shall be charged for attendance at any public
school to pupils required by law to attend such school, except such fees or
supplemental charges as may be authorized by law. The legislature may
authorize the state board of regents to establish tuition, fees and charges at
institutions under its supervision.
(c) No religious sect or sects shall control any part of the public educational
funds.
§ 7: Savings clause.
(a) All laws in force at the time of the adoption of this amendment and
consistent therewith shall remain in full force and effect until amended or
repealed by the legislature. All laws inconsistent with this amendment, unless
sooner repealed or a mended to conform with this amendment, shall remain
in full force and effect until July 1, 1969.
(b) Notwithstanding any other provision of the constitution to the contrary,
no state superintendent of public instruction or county superintendent of
public instruction shall be elected after January 1, 1967.
(c) The state perpetual school fund or any part thereof may be managed and
invested as provided by law or all or any part thereof may be appropriated,
both as to principal and income, to the support of the public schools
supervised by the state board of education.
Article 7.–PUBLIC INSTITUTIONS AND WELFARE
§ 1: Benevolent institutions. Institutions for the benefit of mentally or physically
incapacitated or handicapped persons, and such other benevolent institutions as the
public good may require, shall be fostered and supported by the state, subject to such
regulations as may be prescribed by law.
§ 4: Aged and infirm persons; financial aid; state participation. The respective
counties of the state shall provide, as may be prescribed by law, for those inhabitants
who, by reason of age, infirmity or other misfortune, may ha ve claims upon the aid
of society. The state may participate financially in such aid and supervise and control
the administration thereof.
§ 5: Unemployment compensation; old-age benefits; taxation. The state may
provide by law for unemployment compensation and contributory old-age benefits
and may tax employers and employees therefor; and the restrictions and lim itations
of section 24 of article 2, and section 1 of article 11 of the constitution shall not be
construed to limit the authority conferred by this amendment. No direct ad valorem
tax shall be laid on real or personal property for such purposes.
§ 6: Tax levy for certain institutions. The legislature may levy a permanent tax for
the creation of a building fund for institutions caring for those who are mentally ill,
retarded, visually handicapped, with a handicapping heari ng loss, tubercular or for
children who are dependent, neglected or delinquent and in need of residential
institutional care or treatment and for institutions primarily designed to provide
vocational rehabilitation for handicapped persons, and the legisla ture shall apportion
among and appropriate the same to the several institutions, which levy,
apportionment and appropriation shall continue until changed by statute. Nothing
herein contained shall prevent such further appropriation by the legislature as m ay be
deemed necessary from time to time for the needs of said charitable and benevolent
institutions. Nothing in this amendment shall repeal any statute of this state enacted
prior to this amendment, and any levy, apportionment or appropriation made unde r
authority of this section before its amendment, and any statute making the same, shall
remain in full force and effect until amended or repealed by the legislature.
Article 8.–MILITIA
§ 1: Composition; exemption. The militia shall be composed of all able-bodied
male citizens between the ages of twenty-one and forty-five years, except such as are
exempted by the laws of the United States or of this state; but all citizens of any
religious denomination whatever who from scruples of conscience may be adverse to
bearing arms shall be exempted therefrom, upon such conditions as may be
prescribed by law.
§ 2: Organization. The legislature shall provide for organizing, equipping and
disciplining the militia in such manner as it shall deem expedient, not incompatible
with the laws of the United States.
§ 3: Officers. Officers of the militia shall be elected or appointed, and commissioned
in such manner as may be provided by law.
§ 4: Commander in chief. The governor shall be commander in chief, and shall
have power to call out the militia to execute the laws, to suppress insurrection, and to
repel invasion.
Article 9.–COUNTY AND TOWNSHIP ORGANIZATION
§ 1: Counties. The legislature shall provide for organizing new counties, locating
county seats, and changing county lines; but no county seat shall be changed without
the consent of a majority of the electors of the county; nor any county organized, nor
the lines of any county changed so as to include an area of less than four hundred and
thirty-two square miles.
§ 2: County and township officers. The legislature shall provide for such county
and township officers as may be necessary.
§ 5: Removal of officers. All county and township officers may be removed from
office, in such manner and for such cause, as shall be prescribed by law.
Article 10.– APPORTIONMENT OF THE LEGISLATURE
§ 1: Reapportionment of senatorial and representative districts.
(a) At its regular session in 1989, the legislature shall by law reapportion the
state representative districts, the state senatorial districts or both the state
representative and senatorial districts upon the basis of the latest census of the
i nhabitants of the state taken by authority of chapter 61 of the 1987 Session
Laws of Kansas. At its regular session in 1992, and at its regular session every
tenth year thereafter, the legislature shall by law reapportion the state
senatorial districts an d representative districts on the basis of the population
of the state as established by the most recent census of population taken and
published by the United States bureau of the census. Senatorial and
representative districts shall be reapportioned upo n the basis of the
population of the state adjusted:
(1) To exclude nonresident military personnel stationed within the state and
nonresident students attending colleges and universities within the state; and
(2) to include military personnel stationed within the state who are residents of
the state and students attending colleges and universities within the state who
are residents of the state in the district of their permanent residence. Bills
reapportioning legislative districts shall be published in the Kansas register
immediately upon final passage and shall be effective for the next following
election of legislators and thereafter until again reapportioned.
(b) Within 15 days after the publication of an act reapportioning the legislative
districts within the time specified in (a), the attorney general shall petition the
supreme court of the state to determine the validity thereof. The supreme
court, wit hin 30 days from the filing of the petition, shall enter its judgment.
Should the supreme court determine that the reapportionment statute is
invalid, the legislature shall enact a statute of reapportionment conforming to
the judgment of the supreme court within 15 days.
(c) Upon enactment of a reapportionment to conform with a judgment under
(b), the attorney general shall apply to the supreme court of the state to
determine the validity thereof. The supreme court, within 10 days from the
filing of such application, shall enter its judgment. Should the supreme court
determine that the reapportionment statute is invalid, the legislature shall again
enact a statute reapportioning the legislative districts in compliance with the
direction of and conforming to the manda te of the supreme court within 15
days after entry thereof.
(d) Whenever a petition or application is filed under this section, the supreme
court, in accordance with its rules, shall permit interested persons to present
their views.
(e) A judgment of the supreme court of the state determining a
reapportionment to be valid shall be final until the legislative districts are again
reapportioned in accordance herewith.
Article 11. — FINANCE AND TAXATION
§ 1: System of taxation; classification; exemption. (a) The provisions of this
subsection shall govern the assessment and taxation of property on and after January
1, 1993, and each year thereafter. Except as otherwise hereinafter specifically
provided, the legislature shall provide for a uniform and equal basis of valuation and
rate of taxation of all property subject to taxation. The legislature may provide for the
classification and the taxation uniformly as to class of recreational vehicles, as defined
by the legislature, or may exempt such class from property taxation and impose taxes
upon another basis in lieu thereof. The provisions of this subsection shall not be
applicable to the taxation of motor vehicles, except as otherwise hereinafter
specifically provided, mineral products, money, mortgages, notes and other evidence
of debt and grain. Property shall be classified into the following classes for the
purpose of assessment and assessed at the percentage of value prescribed therefor:
Class 1 shall consist of real property. Real property shall be further classified into
seven subclasses. Such property shall be defined by law for the purpose of
subclassification and assessed uniformly as to subclass at the following percentages of
va lue:
(1) Real property used for residential purposes including multi-family
residential real property and real property necessary to accommodate a
residential community of mobile or manufactured homes including the real
property upon which such homes are located : 11 1/2%
(2) Land devoted to agricultural use which shall be valued upon the basis of its
agricultural income or agricultural productivity pursuant to section 12 of
article 11 of the constitution : 30%
(3) Vacant lots : 12%
(4) Real property which is owned and operated by a not-for-profit
organization not subject to federal income taxation pursuant to section 501 of
the federal internal revenue code, and which is included in this subclass by law
: 12%
(5) Public utility real property, except railroad real property which shall be
assessed at the average rate that all other commercial and industrial property is
assessed : 33%
(6) Real property used for commercial and industrial purposes and buildings
and other improvements located upon land devoted to agricultural use : 25%
(7) All other urban and rural real property not otherwise specifically
subclassified : 30%
Class 2 shall consist of tangible personal property. Such tangible personal property
shall be further classified into six subclasses, shall be defined by law for the purpose
of subclassification and assessed uniformly as to subclass at the following perc
entages of value:
(1) Mobile homes used for residential purposes : 11 1/2%
(2) Mineral leasehold interests except oil leasehold interests the average daily
production from which is five barrels or less, and natural gas leasehold
interests the average daily production from which is 100 mcf or less, which
shall be assessed at 25% : 30%
(3) Public utility tangible personal property including inventories thereof,
except railroad personal property including inventories thereof, which shall be
assessed at the average rate all other commercial and industrial property is
assessed : 33%
(4) All categories of motor vehicles not defined and specifically valued and
taxed pursuant to law enacted prior to January 1, 1985 : 30%
(5) Commercial and industrial machinery and equipment which, if its
economic life is seven years or more, shall be valued at its retail cost when
new less seven-year straight-line depreciation, or which, if its economic life is
less than seven years, shall be valued at its retail cost when new less straightline
depreciation over its economic life, except that, the value so obtained for
such property, notwithstanding its economic life and as long as such property
is being used, shall not be less than 20% of the retail cost when new of such
property : 25%
(6) All other tangible personal property not otherwise specifically classified :
30%
(b) All property used exclusively for state, county, municipal, literary, educational,
scientific, religious, benevolent and charitable purposes, farm machinery and
equipment, merchants’ and manufacturers’ inventories, other than public utility
inventori es included in subclass (3) of class 2, livestock, and all household goods and
personal effects not used for the production of income, shall be exempted from
property taxation.
§ 2: Taxation of incomes. The state shall have power to levy and collect taxes on
incomes from whatever source derived, which taxes may be graduated and
progressive.
§ 4: Revenue for current expenses. The legislature shall provide, at each regular
session, for raising sufficient revenue to defray the current expenses of the state for
two years.
§ 5: Object of tax. No tax shall be levied except in pursuance of a law, which shall
distinctly state the object of the same; to which object only such tax shall be applied.
§ 6: State debts; annual tax; proceeds. For the purpose of defraying extraordinary
expenses and making public improvements, the state may contract public debts; but
such debts shall never, in the aggregate, exceed one million d ollars, except as
hereinafter provided. Every such debt shall be authorized by law for some purpose
specified therein, and the vote of a majority of all the members elected to each house,
to be taken by the yeas and nays, shall be necessary to the passage of such law; and
every such law shall provide for levying an annual tax sufficient to pay the annual
interest of such debt, and the principal thereof, when it shall become due; and shall
specifically appropriate the proceeds of such taxes to the payment of such principal
and interest; and such appropriation shall not be repealed nor the taxes postponed or
diminished, until the interest and principal of such debt shall have been wholly paid.
§ 7: Election on indebtedness. No debt shall be contracted by the state except as
herein provided, unless the proposed law for creating such debt shall first be
submitted to a direct vote of the electors of the state at some gener al election; and if
such proposed law shall be ratified by a majority of all the votes cast at such general
election, then it shall be the duty of the legislature next after such election to enact
such law and create such debt, subject to all the provisio ns and restrictions provided
in the preceding section of this article.
§ 8: Borrowing money by state. The state may borrow money to repel invasion,
suppress insurrection, or defend the state in time of war; but the money thus raised,
shall be applied exclusively to the object for which the loan was a uthorized, or to the
repayment of the debt thereby created.
§ 9: Internal improvements; state highway system; flood control; conservation
or development of water resources. The state shall never be a party in carrying on
any work of internal improvement except that: (1) It may adopt, co nstruct,
reconstruct and maintain a state system of highways, but no general property tax shall
ever be laid nor general obligation bonds issued by the state for such highways; (2) it
may be a party to flood control works and works for the conservation or
development of water resources; (3) it may, for the purpose of stimulating economic
development and private sector job creation in all areas of the state, participate in the
development of a capital formation system and have a limited role in such system
through investment of state funds authorized in accordance with law; (4) it may be a
party to any work of internal improvement, whenever any work of internal
improvement not authorized by (1), (2) or (3) is once authorized by a separate bill
passed by th e affirmative vote of not less than two-thirds of all members then
elected (or appointed) and qualified to each house, but no general property tax shall
ever be laid nor general obligation bonds be issued by the state therefor; and (5) it
may expend funds received from the federal government for any public purpose in
accordance with the federal law authorizing the same.
§ 10: Special taxes for highway purposes. The state shall have power to levy
special taxes, for road and highway purposes, on motor vehicles and on motor fuels.
§ 11: Taxation of incomes; adoption of federal laws by reference. In enacting any
law under section 2 of this article 11, the legislature may at any regular, budget or
special session define income by reference to or otherwise ad opt by reference all or
any part of the laws of the United States as they then exist, and, prospectively, as they
may thereafter be amended or enacted, with such exceptions, additions or
modifications as the legislature may determine then or thereafter at any such
legislative sessions.
§ 12: Assessment and taxation of land devoted to agricultural use. Land devoted
to agricultural use may be defined by law and valued for ad valorem tax purposes
upon the basis of its agricultural income or agricultural productivit y, actual or
potential, and when so valued such land shall be assessed at the same percent of value
and taxed at the same rate as real property subject to the provisions of section 1 of
this article. The legislature may, if land devoted to agricultural u se changes from such
use, provide for the recoupment of a part or all of the difference between the amount
of the ad valorem taxes levied upon such land during a part or all of the period in
which it was valued in accordance with the provisions of this se ction and the amount
of ad valorem taxes which would have been levied upon such land during such period
had it not been in agricultural use and had it been valued, assessed and taxed in
accordance with section 1 of this article.
§ 13: Exemption of property for economic development purposes; procedure;
limitations.
(a) The board of county commissioners of any county or the governing body
of any city may, by resolution or ordinance, as the case requires, exempt from
all ad valorem taxation all or any portion of the appraised valuation of: (1) All
buildings , together with the land upon which such buildings are located, and
all tangible personal property associated therewith used exclusively by a
business for the purpose of: (A) Manufacturing articles of commerce; (B)
conducting research and development; or (C) storing goods or commodities
which are sold or traded in interstate commerce, which commences operations
after the date on which this amendment is approved by the electors of this
state; or (2) all buildings, or added improvements to buildings constru cted
after the date on which this amendment is approved by the electors of this
state, together with the land upon which such buildings or added
improvements are located, and all tangible personal property purchased after
such date and associated therewit h, used exclusively for the purpose of: (A)
Manufacturing articles of commerce; (B) conducting research and
development; or (C) storing goods or commodities which are sold or traded in
interstate commerce, which is necessary to facilitate the expansion of any such
existing business if, as a result of such expansion, new employment is created.
(b) Any ad valorem tax exemption granted pursuant to subsection (a) shall be
in effect for not more than 10 calendar years after the calendar year in which
the business commences its operations or the calendar year in which
expansion of an existing b usiness is completed, as the case requires.
(c) The legislature may limit or prohibit the application of this section by
enactment uniformly applicable to all cities or counties.
(d) The provisions of this section shall not be construed to affect exemptions
of property from ad valorem taxation granted by this constitution or by
enactment of the legislature, or to affect the authority of the legislature to
enact additional exe mptions of property from ad valorem taxation found to
have a public purpose and promote the general welfare.
Article 12.–CORPORATIONS
§ 1: Corporate powers. The legislature shall pass no special act conferring corporate
powers. Corporations may be created under general laws; but all such laws may be
amended or repealed.
§ 2: Liability of stockholders. Dues from corporations shall be secured by the
individual liability of the stockholders to the amount of stock owned by each
stockholder, and such other means as shall be provided by law; but such in dividual
liability shall not apply to railroad corporations nor corporations for religious or
charitable purposes.
§ 4: Rights of way; eminent domain. No right of way shall be appropriated to the
use of any corporation, until full compensation therefor be first made in money, or
secured by a deposit of money, to the owner, irrespective of any benefit from any
improvement proposed by such corporation.
§ 5: Cities’ powers of home rule.
(a) The legislature shall provide by general law, applicable to all cities, for the
incorporation of cities and the methods by which city boundaries may be
altered, cities may be merged or consolidated and cities may be dissolved:
Provided, That e xisting laws on such subjects not applicable to all cities on
the effective date of this amendment shall remain in effect until superseded by
general law and such existing laws shall not be subject to charter ordinance.
(b) Cities are hereby empowered to determine their local affairs and
government including the levying of taxes, excises, fees, charges and other
exactions except when and as the levying of any tax, excise, fee, charge or
other exaction is limited or prohibited by enactment of the legislature
applicable uniformly to all cities of the same class: Provided, That the
legislature may establish not to exceed four classes of cities for the purpose of
imposing all such limitations or prohibitions. Cities sha ll exercise such
determination by ordinance passed by the governing body with referendums
only in such cases as prescribed by the legislature, subject only to enactments
of the legislature of statewide concern applicable uniformly to all cities, to
other enactments of the legislature applicable uniformly to all cities, to
enactments of the legislature applicable uniformly to all cities of the same class
limiting or prohibiting the levying of any tax, excise, fee, charge or other
exaction and to enactments of the legislature prescribing limits of
indebtedness. All enactments relating to cities now in effect or hereafter
enacted and as later amended and until repealed shall govern cities except as
cities shall exempt themselves by charter ordinances as here in provided for in
subsection (c).
(c)
(1) Any city may by charter ordinance elect in the manner prescribed in this
section that the whole or any part of any enactment of the legislature applying
to such city, other than enactments of statewide concern applicable uniformly
to all citi es, other enactments applicable uniformly to all cities, and
enactments prescribing limits of indebtedness, shall not apply to such city.
(2) A charter ordinance is an ordinance which exempts a city from the whole
or any part of any enactment of the legislature as referred to in this section
and which may provide substitute and additional provisions on the same
subject. Such charter or dinance shall be so titled, shall designate specifically
the enactment of the legislature or part thereof made inapplicable to such city
by the adoption of such ordinance and contain the substitute and additional
provisions, if any, and shall require a tw o-thirds vote of the members-elect of
the governing body of such city. Every charter ordinance shall be published
once each week for two consecutive weeks in the official city newspaper or, if
there is none, in a newspaper of general circulation in the ci ty.
(3) No charter ordinance shall take effect until sixty days after its final
publication. If within sixty days of its final publication a petition signed by a
number of electors of the city equal to not less than ten percent of the number
of electors who voted at the last preceding regular city election shall be filed in
the office of the clerk of such city demanding that such ordinance be
submitted to a vote of the electors, it shall not take effect until submitted to a
referendum and approved by a m ajority of the electors voting thereon. An
election, if called, shall be called within thirty days and held within ninety days
after the filing of the petition. The governing body shall pass an ordinance
calling the election and fixing the date, which ord inance shall be published
once each week for three consecutive weeks in the official city newspaper or,
if there be none, in a newspaper of general circulation in the city, and the
election shall be conducted as elections for officers and by the officers
handling such elections. The proposition shall be: “Shall charter ordinance
No. __________, entitled (title of ordinance) take effect?” The governing
body may submit any charter ordinance to a referendum without petition by
the same publication of the cha rter ordinance and the same publication of the
ordinance calling the election as for ordinances upon petition and such charter
ordinance shall then become effective when approved by a majority of the
electors voting thereon. Each charter ordinance becomin g effective shall be
recorded by the clerk in a book maintained for that purpose with a statement
of the manner of adoption and a certified copy shall be filed with the secretary
of state, who shall keep an index of the same.
(4) Each charter ordinance enacted shall control and prevail over any prior or
subsequent act of the governing body of the city and may be repealed or
amended only by charter ordinance or by enactments of the legislature
applicable to all cities.
(d) Powers and authority granted cities pursuant to this section shall be
liberally construed for the purpose of giving to cities the largest measure of
self-government.
(e) This amendment shall be effective on and after July 1, 1961.
§ 6: Definition of corporations; suits. The term corporations, as used in this article,
shall include all associations and joint stock companies having powers and privileges
not possessed by individuals or partnerships; and all corporations may sue and be
sued in their corporate name.
Article 13–BANKS
§ 1: Banking laws. No bank shall be established otherwise than under a general
banking law, nor be operated otherwise than by a duly organized corporation.
§ 2: State not to be stockholder. The state shall not be a stockholder in any banking
institution, except that any retirement or pension plan authorized pursuant to the
laws of this state may be a stockholder in any banking institution.
Article 14.–CONSTITUTIONAL AMENDMENT AND REVISION
§ 1: Proposals by legislature; approval by electors. Propositions for the
amendment of this constitution may be made by concurrent resolution originating in
either house of the legislature, and if two-thirds of all the members e lected (or
appointed) and qualified of each house shall approve such resolution, the secretary of
state shall cause such resolution to be published in the manner provided by law. At
the next election for representatives or a special election called by con current
resolution of the legislature for the purpose of submitting constitutional propositions,
such proposition to amend the constitution shall be submitted, both by title and by
the amendment as a whole, to the electors for their approval or rejection. The title by
which a proposition is submitted shall be specified in the concurrent resolution
making the proposition and shall be a brief nontechnical statement expressing the
intent or purpose of the proposition and the effect of a vote for and a vote a gainst
the proposition. If a majority of the electors voting on any such amendment shall
vote for the amendment, the same shall become a part of the constitution. When
more than one amendment shall be submitted at the same election, such amendments
shall be so submitted as to enable the electors to vote on each amendment separately.
One amendment of the constitution may revise any entire article, except the article on
general provisions, and in revising any article, the article may be renumbered and all o
r parts of other articles may be amended, or amended and transferred to the article
being revised. Not more than five amendments shall be submitted at the same
election.
§ 2: . Constitutional conventions; approval by electors. The legislature, by the
affirmative vote of two-thirds of all the members elected to each house, may submit
the question “Shall there be a convention to amend or revise t he constitution of the
state of Kansas?” or the question “Shall there be a convention limited to revision of
article(s) ______ of the constitution of the state of Kansas?”, to the electors at the
next election for representatives, and the concurrent resol ution providing for such
question shall specify in such blank appropriate words and figures to identify the
article or articles to be considered by the convention. If a majority of all electors
voting on the question shall vote in the affirmative, delegat es to such convention
shall be elected at the next election for representatives thereafter, unless the
legislature shall have provided by law for the election of such delegates at a special
election. The electors of each representative district as organiz ed at the time of such
election of delegates shall elect as many delegates to the convention as there are
representatives from such district. Such delegates shall have the same qualifications as
provided by the constitution for members of the legislature and members of the
legislature and candidates for membership in the legislature shall be eligible for
election as delegates to the convention. The delegates so elected shall convene at the
state capital on the first Tuesday in May next following such elec tion or at an earlier
date if provided by law.
The convention shall have power to choose its own officers, appoint and remove its
employees and fix their compensation, determine its rules, judge the qualifications of
its members, and carry on the business of the convention in an orderly manner. Each
d elegate shall receive such compensation as provided by law. A vacancy in the office
of any delegate shall be filled as provided by law.
The convention shall have power to amend or revise all or that part of the
constitution indicated by the question voted upon to call the convention, subject to
ratification by the electors. No proposed constitution, or amendment or revision of
an existing constitution, shall be submitted by the convention to the electors unless it
has been available to the delegates in final form at least three days on which the
convention is in session, prior to final passage, and receives the assent of a majority
of all the delegates. The yeas and nays upon final passage of any proposal, and upon
any question upon request of one-tenth of the delegates present, shall be entered in
the journal of the convention.
Proposals of the convention shall be submitted to the electors at the first general or
special statewide election occurring not less than two months after final action
thereon by the convention, and shall take effect in accordance with the provisions
ther eof in such form and with such notice as is directed by the convention upon
receiving the approval of a majority of the qualified electors voting thereon.
Article 15.–MISCELLANEOUS
§ 1: Selection of officers. All officers whose election or appointment is not
otherwise provided for, shall be chosen or appointed as may be prescribed by law.
§ 2: Tenure of office; merit system in civil service. The tenure of any office not
herein provided for may be declared by law; when not so declared, such office shall
be held during the pleasure of the authority making appointment, but the legislature
shall not create any office the tenure of which shall be longer than four years, except
that appointments under a merit system in civil service shall not be subject to such
limitation. The legislature may make provisions for a merit s ystem under which
appointments and promotions in the civil service of this state and all civil divisions
thereof, shall be made according to merit and fitness, to be determined, so far as
practicable, by examination, which, so far as practicable, shall be competitive.
§ 3: Lotteries. Lotteries and the sale of lottery tickets are forever prohibited.
§ 3a: Regulation, licensing and taxation of “bingo” games authorized.
Notwithstanding the provisions of section 3 of article 15 of the constitution of the
state of Kansas the legislature may regulate, license and tax the operat ion or conduct
of games of bingo and instant bingo, as defined by law, by bona fide nonprofit
religious, charitable, fraternal, educational and veterans organizations.
§ 3b: Regulation, licensing and taxation of horse and dog racing and
parimutuel wagering thereon. Notwithstanding the provisions of section 3 of
article 15 of the constitution of the state of Kansas, the legislature may per mit,
regulate, license and tax, at a rate not less than 3% nor more than 6% of all money
wagered, the operation or conduct, by bona fide nonprofit organizations, of horse
and dog racing and parimutuel wagering thereon in any county in which: (a) A majorit
y of the qualified electors of the county voting thereon approve this proposed
amendment; or (b) the qualified electors of the county approve a proposition, by a
majority vote of those voting thereon at an election held within the county, to permit
such r acing and wagering within the boundaries of the county. No off-track betting
shall be permitted in connection with horse and dog racing permitted pursuant to this
section.
§ 3c: State-owned and operated lottery. . Notwithstanding the provisions of
section 3 of article 15 of the constitution of the state of Kansas, the legislature may
provide for a state-owned and operated lottery, except that suc h state-owned lottery
shall not be operated after June 30, 1990, unless authorized to be operated after such
date by a concurrent resolution approved by a majority of all of the members elected
(or appointed) and qualified of each house and adopted in the 1990 regular session of
the legislature. The state shall whenever possible provide the public information on
the odds of winning a prize or prizes in a lottery game.
§ 5: Financial statements; publication. An accurate and detailed statement of the
receipts and expenditures of the public moneys, and the several amounts paid, to
whom, and on what account, shall be published, as prescribed by law.
§ 6: Rights of women. The legislature shall provide for the protection of the rights
of women, in acquiring and possessing property, real, personal and mixed, separate
and apart from the husband; and shall also provide for their equal rights in the
possession of their children.
§ 7: Salaries reduced for neglect of duty. The legislature may reduce the salaries of
officers, who shall neglect the performance of any legal duty.
§ 8: Location of state capital. The temporary seat of government is hereby located
at the city of Topeka, county of Shawnee. The first legislature under this constitution
shall provide by law for submitting the question of the per manent location of the
capital to a popular vote, and a majority of all the votes cast at some general election
shall be necessary for such location.
§ 9: Homestead exemption. A homestead to the extent of one hundred and sixty
acres of farming land, or of one acre within the limits of an incorporated town or city,
occupied as a residence by the family of the owner, togeth er with all the
improvements on the same, shall be exempted from forced sale under any process of
law, and shall not be alienated without the joint consent of husband and wife, when
that relation exists; but no property shall be exempt from sale for taxes , or for the
payment of obligations contracted for the purchase of said premises, or for the
erection of improvements thereon: Provided, That provisions of this section shall not
apply to any process of law obtained by virtue of a lien given by the consen t of both
husband and wife: And provided further, That the legislature by an appropriate act or
acts, clearly framed to avoid abuses, may provide that when it is shown the husband
or wife while occupying a homestead is adjudged to be insane, the duly appo inted
guardian of the insane spouse may be authorized to join with the sane spouse in
executing a mortgage upon the homestead, renewing or refinancing an encumbrance
thereon which is likely to cause its loss, or in executing a lease thereon authorizing th
e lessee to explore and produce therefrom oil, gas, coal, lead, zinc, or other minerals.
§ 10: Intoxicating liquors.
(a) The legislature may provide for the prohibition of intoxicating liquors in
certain areas.
(b) The legislature may regulate, license and tax the manufacture and sale of
intoxicating liquors, and may regulate the possession and transportation of
intoxicating liquors.
(c) The sale of intoxicating liquor by the individual drink in public places is
prohibited, except that the legislature may permit, regulate, license and tax the
sale of intoxicating liquor by the drink in public places in a county where the
qualifie d electors of the county approve, by a majority vote of those voting
on this proposition, to adopt this proposition, but such sales shall be limited
to: (1) Public places where gross receipts from sales of food for consumption
on the premises constitute n ot less than 30% of the gross receipts from all
sales of food and beverages on such premises; or (2) public places for which a
temporary permit has been issued as authorized by law.
At any subsequent general election, the legislature may provide by law for the
submission of propositions to qualified electors of counties for: (1) The
prohibition of sales of intoxicating liquor by the individual drink in public
places within the county ; (2) the regulation, licensing, taxing and sale of
intoxicating liquor by the drink in public places within the county without a
requirement that any portion of their gross receipts be derived from the sale
of food; or (3) the regulation, licensing, taxi ng and sale of intoxicating liquor
by the drink in public places within the county which derive not less than 30%
of their gross receipts from the sale of food for consumption on the premises.
Temporary permits for the sale of intoxicating liquor may be i ssued in any
county in which the regulation, licensing, taxation and sale of intoxicating
liquor by the drink in public places is approved pursuant to this section, but
no temporary permit shall be issued for the sale of intoxicating liquor by the
drink w ithin any county in which the regulation, licensing, taxation and sale of
intoxicating liquor by the drink in public places is prohibited.
§ 12: Membership or nonmembership in labor organizations. No person shall be
denied the opportunity to obtain or retain employment because of membership or
nonmembership in any labor organization, nor shall the state or any subdi vision
thereof, or any individual, corporation, or any kind of association enter into any
agreement, written or oral, which excludes any person from employment or
continuation of employment because of membership or nonmembership in any labor
organization.
§ 13: Continuity of state and local governmental operations. Notwithstanding
any general or special provision of this constitution, the legislature, in order to insure
continuity of state and local governmental operations in peri ods of emergency
resulting from disasters caused by enemy attack, shall have the power and the
immediate duty (1) to provide for prompt and temporary succession to the powers
and duties of public offices, of whatever nature and whether filled by election or
appointment, the incumbents of which may become unavailable for carrying on the
powers and duties of such offices, and (2) to adopt such other measures as may be
necessary and proper for insuring the continuity of governmental operations
including, but not limited to, the financing thereof. In the exercise of the powers
hereby conferred the legislature shall in all respects conform to the requirements of
this constitution except to the extent that in the judgment of the legislature so to do
would be im practicable or would admit of undue delay.
§ 14: Oaths of state officers. All state officers before entering upon their respective
duties shall take and subscribe an oath or affirmation to support the constitution of
the United States and the constitution of this state, and faithfully to discharge the
duties of their respective offices.
§ 15: Victims’ rights.
(a) Victims of crime, as defined by law, shall be entitled to certain basic rights,
including the right to be informed of and to be present at public hearings, as
defined by law, of the criminal justice process, and to be heard at sentencing
or at any other time deemed appropriate by the court, to the extent that these
rights do not interfere with the constitutional or statutory rights of the
accused.
(b) Nothing in this section shall be construed as creating a cause of action for
money damages against the state, a county, a municipality, or any of the
agencies, instrumentalities, or employees thereof. The legislature may provide
for other remedies to ensure adequate enforcement of this section.
(c) Nothing in this section shall be construed to authorize a court to set aside
or to void a finding of guilty or not guilty or an acceptance of a plea of guilty
or to set aside any sentence imposed or any other final disposition in any
criminal case.
§ 16: Marriage.
(a) The marriage contract is to be considered in law as a civil contract.
Marriage shall be constituted by one man and one woman only. All other
marriages are declared to be contrary to the public policy of this state and are
void.
(b) No relationship, other than a marriage, shall be recognized by the state as
entitling the parties to the rights or incidents of marriage.

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