8-1007.
Same; act supplemental; invalidity of part.
This act shall be construed as supplemental to existing legislation; and if any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History:
L. 1955, ch. 279, § 3; June 30.
Notes of Decisions
Sandate v. Kansas Dept. of Revenue, No. 119514 (Kan. Ct. App. July 17, 2020).
“8-1007: "This act shall be construed as supplemental to existing legislation; and if any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of…”
Fisher v. Kansas Dept. of Revenue, 471 P.3d 710 (Kan. Ct. App. 2020).
“" K.S.A. 8-1007. As a separate defect in the notice, Fisher argues that the first statement of the 2016 implied consent advisories—which states that "Kansas law requires the person to submit to and complete" any requested test—is a misstatement of the law and unduly coercive,…”
Scott v. Kansas Dept. of Revenue, No. 120717 (Kan. Ct. App. May 8, 2020).
· cites it 2× “5 Scott's argument is further undermined by K.S.A. 2017 Supp. 8-1007, which provides: "This act shall be construed as supplemental to existing legislation; and if any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be…”
Morris v. Kansas Dept. of Revenue, No. 119511 (Kan. Ct. App. July 24, 2020).
· cites it 2× “8-1007 clearly directs: "[I]f any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause,…”
Cameron v. Kan. Dep't of Revenue, 430 P.3d 490 (Kan. Ct. App. 2018).
· cites it 2× “This interpretation places law enforcement officers in a dilemma. They must either give warnings that are unconstitutional or violate the statute by failing to give the warnings.”
Trowbridge v. Kansas Dept. of Revenue, No. 119510 (Kan. Ct. App. July 17, 2020).
“8-1007: 10 "This act shall be construed as supplemental to existing legislation; and if any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of…”
Oglesbee v. Kansas Dept. of Revenue, No. 119659 (Kan. Ct. App. July 17, 2020).
“" K.S.A. 8-1007. By providing Oglesbee with the implied consent advisories in the revised DC-70, law enforcement substantially complied with K.”
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