Kansas Statutes Annotated

K.S.A. § 40-3121 (2026)

Severability; K.S.A. 40-3117 declared nonseverable

✓ current as of May 2026

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40-3121. Severability; K.S.A. 40-3117 declared nonseverable. If any provisions of this act, or the application thereof to any person or circumstance, is held unconstitutional, the remainder of this act and the application of such provision to other persons or circumstances shall not be affected thereby; and it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision: Provided, That K.S.A. 40-3117 is expressly declared to be nonseverable.

History: L. 1974, ch. 193, § 21; February 22.

Notes of Decisions

Cited in 1 case, 1986–1986 · leading case: Barnes v. Kansas Dep't of Revenue, 714 P.2d 975 (Kan. 1986).

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Barnes v. Kansas Dep't of Revenue, 714 P.2d 975 (Kan. 1986). · cites it 4× “K.S.A. 40-3121, applicable to 40-3104, provides: "If any provisions of this act, or the application thereof to any person or circumstance, is held unconstitutional, the remainder of this act and the application of such provision to other persons or circumstances shall not be…”

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