264 Kan. 690
(957 P2d 379)
No. 79,533
THE LEGISLATIVE COORDINATING COUNCIL, Petitioner, v. THE HONORABLE DAN STANLEY, SECRETARY OF THE DEPARTMENT OF ADMINISTRATION, and SHIRLEY A. MOSES, DIRECTOR OF ACCOUNTS AND REPORTS, Respondents.
SYLLABUS BY THE COURT
1. Mandamus is a proceeding to compel some inferior court, tribunal, board, or some corporation or person to perform a specified duty, which duty results from the office, trust, or official station of the party to whom the order is directed, or from operation of law.
2. Mandamus is a proper remedy where the essential purpose of the proceeding is to obtain an authoritative interpretation of the law for the guidance of public officials in their administration of the public business, notwithstanding the fact that another adequate remedy at law exists.
3. The provisions of K.S.A. 25-4169a are examined, and it is determined that the costs and attorney fees in this election contest are not campaign expenses spent for the purpose of influencing the election. Rather, the expenses were incurred for the purpose of insuring that the ballots be accurately counted and that an appropriate decision be made by the Kansas House of Representatives under the provisions of K.S.A. 25-1451 and K.S.A 25-1452.
4. The interpretation of a statute is a question of law, and this court's review is unlimited. In interpreting a statute, the fundamental rule is that the intent of the legislature governs, where it can be ascertained.
5. Attorney fees are not a part of costs, absent express statutory authority. Where the legislature uses the word "costs," it means the fees and charges of the court such as filing fees, fees for service of process, and the like. Therefore, the use of the words "all costs" in K.S.A. 25-1452 does not include attorney fees.
6. Just as the legislature could delegate under the provisions of K.S.A. 24-1452 a discretionary decision on assessment of costs to the State, so also may the legislature decide in its discretion that the "interests of justice" call for assessment of attorney fees under the provisions of K.S.A. 25-1451.
7. The Legislature Coordinating Council (LCC) is not a common-law agent of the legislature. Rather, it is an administrative agency created by statute to which certain powers have been delegated.
8. Administrative agencies are creatures of statute and their power is dependent upon authorizing statutes; therefore, any exercise of authority claimed by the agency must come from within the statutes. There is no general or common-law power that can be exercised by an administrative agency.
9. The provisions of K.S.A. 46-1201 et seq. and K.S.A. 46-1202, involving the creation of the LCC and its general powers and functions, are interpreted and discussed.
10. The language that the LCC is to represent the legislature when the legislature is not in session was added to K.S.A. 46-1202 in 1973. The legislature intended by this amendment to confer the broad power and discretion in the LCC to act on the legislature's behalf when it was not in session.
11. The vouchers submitted by the LCC for payment of costs and attorney fees in this case represent a valid expenditure from the operational budget of the legislature and constitute an operational expenditure under the provisions of H.B. 2085.
Original action in mandamus. Opinion filed April 17, 1998. Writ granted.
Robert J. Nugent, assistant revisor of statutes, argued the cause, and Norman J. Furse, revisor of statutes, and Renae Jefferies, assistant revisor of statutes, were with him on the briefs for petitioner.
John W. Campbell, senior deputy attorney general, argued the cause, and Robert E. North, staff attorney, Kansas Department of Administration, and Carla J. Stovall, attorney general, were with him on the brief for respondents.
The opinion of the court was delivered by
DAVIS, J.: This is an original action for writ of mandamus brought by the Legislative Coordinating Council (LCC) against respondents Dan Stanley, the Secretary of the Department of Administration, and Shirley A. Moses, the Director of Accounts and Reports. The LCC seeks an order of mandamus directing the director of accounts and reports to pay vouchers submitted by the LCC for court costs and attorney fees in an election contest for a seat in the Kansas House of Representatives.
The subject matter of this case originally came before this court on the LCC's petition for writ of mandamus in Legislative Coordinating Council v. Frahm, 262 Kan. 144, 936 P.2d 267 (1997). This court did not reach the merits of the case, determining instead that the LCC had no authority or standing to bring an action in mandamus while the legislature was in session. 262 Kan. at 155. The legislature adjourned on May 27, 1997. The present action was commenced while the legislature was not in session. In the interim, Sheila Frahm has been succeeded as Secretary of the Department of Administration by Dan Stanley, which accounts for the change in heading in this case.
The parties in Legislative Coordinating Council v. Frahm stipulated to the facts and legal issues for resolution. With a few minor additions, the facts and legal issues remain the same in this case. The stipulated facts from Legislative Coordinating Council v. Frahm are as follows:
"'1. On December 21, 1994, Joe Shriver was declared the winner of the election for 79th District State Representative over Danny Jones by then Kansas Secretary of State, Bill Graves.
"'2. Jones filed suit contesting the elections and on January 6, 1995, the Cowley County District Court determined the election to be a tie vote and under K.S.A. 25-1452 waived the costs of the contest and held, in part:
"3. In the interests of justice, the costs of this contest are hereby waived and should therefore be paid by the State of Kansas in a special appropriation made therefore, pursuant to K.S.A. 25-1452. It is the specific recommendation of this court that the costs of this case include a reasonable sum for attorneys' fees for both the parties.'
"'3. On January 30, 1995, Speaker Shallenburger appointed a select committee of six members of the Kansas House of Representatives to hear the matter and report to the full House pursuant to K.S.A. 25-1451(b).
"'4. On February 9, 1995, the select committee reported to the membership of the House that the contested election had resulted in a tie vote between Jones and Shriver. The committee recommended that the outcome of the election should be decided by lot. The report of the select committee did not mention payment of court costs or attorneys' fees in this matter.
"'5. On February 10, 1995, the Speaker announced that by mutual agreement of the candidates and concurrence of the leadership of the Republican and Democratic parties in the House, the election for the Office of Representative of the 79th District would be determined by drawing lots. The announcement, as stated in the Journal of the House, did not mention payment of court costs or attorneys' fees in this matter. Jones won the drawing and was seated.
"'6. During the 1995 legislative session, both Senate Bill No. 95 and House Bill No. 2085 contained appropriations provisions for Legislative expenses. HB 2085 did not mention payment of court costs or attorneys' fees in this matter. SB 95 was amended by motion of the House Minority Leader to specifically appropriate money to pay Jones' and Shriver's attorneys' fees. The day after SB 95 was so amended the full House adopted the conference committee report on HB 2085. HB 2085, which included appropriations for legislative operational costs, became law on July 1, 1995.
"'7. On motion of Senator Bogina to non-concur to the House amendments to SB 95, a conference committee was appointed. Senators Bogina, Emert and Rock, as well as Representatives Jennison, Carmody, and Helgerson met as the conference committee on SB 95. On two occasions the committee agreed to disagree and SB 95 remained in conference committee during the 1995 legislative session.
"'8. On May 30, 1995, Speaker Pro Tem Susan Wagle requested an Attorney General's Opinion asking whether either HB 2085 or its 1994 predecessor (1994 Kan. Sess. Laws Ch. 255) authorized the LCC to pay Jones' and Shriver's court costs and attorneys' fees. On June 30, [1995], the Attorney General opined: "The costs incurred in the contest of an election in the seventy-ninth representative district may not be paid for from appropriation set forth in L. 1994, ch. 255, § 3 or section 3 of 1995 house bill no. 2085."
"'9. On August 21, 1995, Speaker Shallenburger pointed out to the Council that because 1995 Senate Bill No. 95 was not passed by the Legislature, the court costs, transcription expenses and attorneys' fees in the contested election case of Jones v. Shriver, District Court of Cowley County, Kansas, had not been paid. Speaker Shallenburger moved that the court costs, transcription expenses; and attorney fees as specified in 1995 Senate Bill No. 95, (as amended by House Committee of the Whole) be paid from the operations (including official hospitality) account of the Legislature. Representative Sawyer seconded the motion. In discussion, members of the Council considered the statute relating to payment of costs of contests of elections; that the district judge who heard the case ordered the costs of the election contest to be paid by the state and recommended that the costs of the case include a reasonable sum for attorney fees for both parties; an opinion of the Attorney General on the matter; the amount of the costs, including attorney fees, authorized for payment in 1995 Senate Bill No. 95 (as amended by House Committee of the Whole); and that 1995 Senate Bill No. 95 (as amended by House Committee of the Whole) authorized the payment of attorney fees in the matter from the operations (including official hospitality) account of the Legislature. The motion carried. Senator Moran voted against the motion.
"'10. On August 24, 1995, the LCC submitted a payment voucher, V 428, to the Division of Accounts and Reports of the Department of Administration seeking payment of Danny Jones' attorney fees in Jones v. Shriver to the law firm of Patterson, Nelson, Nolla & Witteman, L.C. in the amount of $19,054.15.
"'11. On August 24, 1995, the LCC submitted a payment voucher, V 427, to the Division of Accounts and Reports of the Department of Administration seeking payment of Danny Jones' attorney fees in Jones v. Shriver to Eric Rucker, Attorney at Law, in the amount of $5,624.75.
"'12. On August 24, 1995, the LCC submitted a payment voucher, V 426, to the Division of Accounts and Reports of the Department of Administration seeking payment of Danny Jones' attorney fees in Jones v. Shriver to Dale Sprague, Attorney at Law, in the amount of $321.10.
"'13. On August 24, 1995, the LCC submitted a payment voucher, V 424, to the Division of Accounts and Reports of the Department of Administration seeking payment of docket fee, witness fees and faxed copies in Jones v. Shriver to the District Court of Cowley County in the amount of $466.12.
"'14. On August 24, 1995, the LCC submitted a payment voucher, V 425, to the Division of Accounts and Reports of the Department of Administration seeking payment of Joe Shriver's attorney fees in Jones v. Shriver to Victor Miller, Attorney at Law in the amount of $15,000.
"'15. On August 24, 1995, the LCC submitted a payment voucher, V 423, to the Division of Accounts and Reports of the Department of Administration seeking payment of transcription costs and fax costs in Jones v. Shriver to Deanne M. Johnson, CSR, in the amount of $1,164.
"'16. The Director of Accounts and Reports, upon receipt of the above mentioned vouchers, consulted with the Attorney General and afterwards refused to process the vouchers for payment.
"'17. On October 18, 1995, the LCC convened and reviewed a letter to the Director of Accounts and Reports from the Attorney General reaffirming the opinion expressed in Attorney General Opinion 95-66. The Council then carried a motion of Representative Snowbarger, seconded by Representative Wagle, to again direct the Director of Accounts and Reports to pay the court costs and attorney fees in the contested election case. Only Senator Moran voted against the motion.
"'18. October 20, 1995, Senator Burke, Chairperson of the Legislative Coordinating Council, sent a letter to Sheila Frahm, then Secretary of Administration, discussing the Council's views and conveying to the Secretary the motion adopted by the Council's views at its October 18, 1995, meeting.
"'19. October 20, 1995, Respondent Moses wrote a letter to Emil Lutz, Director of Legislative Administrative Services, returning the vouchers unpaid, citing Kansas Attorney General Opinion 95-66 as the basis for denial of payment.
"'20. During the November 16, 1995 LCC meeting, Representative Snowbarger inquired about the current status of the payment of court costs and attorney fees in the contested election case of Jones v. Shriver. Mr. Lutz indicated that the original vouchers were returned to him by the Department of Administration but, that based on the direction of the [LCC] at its October 18, 1995 meeting, he had again forwarded the vouchers to the Department of Administration, Division of Accounts and Reports. Mr. Lutz indicated that the vouchers had not been returned to him by the Department.
"'21. Also during the November 16, 1995, LCC meeting, Representative Wagle inquired about the possibility of commencing a court action in mandamus to enforce the payment of the vouchers. Concerns were expressed that the time before the upcoming legislative session was not adequate to allow for a court action, since the matter could be resolved at the next legislative session. President Burke requested that a bill be prepared by the Revisor of Statutes Office which would address the issue of payment of court costs from money appropriated to the legislature in contested election cases which involve candidates for the state legislature.
"'22. On December 29, 1995, the LCC pre-filed House Bill 2609, an amendment to K.S.A. 25-1452, which would provide, in part,
"The court, in the interests interest of justice may waive any costs assessed pursuant to this section in which case the costs shall be paid by the state from any appropriations therefor or, in a case of the contest of a state legislative election, from appropriations available of expenses of the legislature."
"HB 2609 was introduced in the House on January 8, 1996 and referred to the House Committee on Governmental Organization and Elections where it remained for the duration of the session.
"'23. On January 22, 1996, the LCC expressed concerns that the failure of Respondents to pay the vouchers 'raised serious questions of the constitutional separation of powers between the legislative and executive branch of government' and while the Legislature was in regular session directed the Revisor of Statutes to:
". . .represent the Legislative Coordinating Council and the Legislature as legal counsel in this matter, to bring the appropriate court action to secure the payment of attorney fees and court and transcription costs in the contested election case of Jones v. Shriver, and the Revisor of Statutes was directed to file the appropriate court action in this matter as legal counsel and to prosecute the action to conclusion."
"'24. On January 30, 1996, Senate Bill No. 561 was introduced by the Senate Committee on Elections, Congressional and Legislative Apportionment and Governmental Standards. Under Senate Bill No. 561, K.S.A. 25-1452 would be amended to read, in part: "The state shall not pay any costs nor pay any attorney fees of the contestant or contestee associated with any contest of election."
"'25. Senate Bill No. 561 passed the Senate by a vote of 34 to 5, but failed to be passed out of the House Committee on Governmental Organization and Elections, and was not enacted into law.
"'26. On January 25, 1996, the House Committee on Appropriations introduced House Bill No. 2724, a major appropriations bill which includes reductions in fiscal year 1996 (FY 96) appropriations. In § 37 of House Bill No. 2724, as amended by both the House Appropriations Committee and the House Committee of the Whole, $40,000, the amount the LCC wants to pay Jones' and Shriver's attorneys, was removed from the FY 96 appropriation for legislative operations. House Bill No. 2724 was not enacted into law.
"'27. In the 1996 regular legislative session, the Senate Ways and Means Committee introduced Senate Bill No. 426 on January 9, 1996. This bill also reduced the legislature's FY 96 operating budget. In committee action, $41,630.21 was removed from the legislature's FY 96 operating budget. Senate Bill No. 426 was not enacted into law." 262 Kan. at 145-48.
As additional facts, the respondents note that since Dan Stanley assumed the position of Secretary of the Department of Administration on November 11, 1996, the LCC has never presented him with a request to pay the expenses in question. The respondents admit that such a presentation would result in denial. The respondents also state, and the LCC agrees, that the LCC did not attempt to secure an appropriation from the Kansas Legislature in the 1997 session for the payment of all costs, including attorney fees. With these minor additions, the facts remain the same as set forth above in Legislative Coordinating Council v. Frahm.
Parties to the Action
The petitioner, the LCC, is a seven-member board made up of the leadership of the Kansas House and Senate. K.S.A. 46-1201. The general powers and functions of the LCC are described in K.S.A. 46-1202, the provisions of which are set forth fully in this opinion.
The respondents are the Secretary of the Department of Administration and the Director of Accounts and Reports. The Division of Accounts and Reports is part of the Department of Administration and was established by the legislature in 1972:
"There is hereby established within and as a part of the department of administration, a division of accounts and reports, the head of which shall be the director of accounts and reports. Under the supervision of the secretary of administration, the director of accounts and reports shall administer the division of accounts and reports. The director of accounts and reports shall be in the unclassified service under the Kansas civil service act and shall be appointed by the secretary of administration." K.S.A. 75-3727a.
The respondents are responsible for paying any account, bill, claim, refund, or demand on funds in the state treasury when determined by the director to be a valid obligation or obligations incurred in accordance with applicable laws and rules and regulations. K.S.A. 75-3731(a) provides:
"Unless a claim is ordered paid by act of the legislature, the director of accounts and reports may refuse to pay any account, bill, claim, refund or demand on funds in the state treasury when the director determines that it is not a valid obligation or was not incurred in accordance with applicable laws and rules and regulations."
Relief Requested
The LCC seeks a writ of mandamus in accord with K.S.A. 60-801 directing the respondents to pay vouchers submitted for costs and attorney fees in an election contest for a seat in the Kansas House of Representatives. "Mandamus is a proceeding to compel some inferior court, tribunal, board, or some corporation or person to perform a specified duty, which duty results from the office, trust, or official station of the party to whom the order is directed, or from operation of law." K.S.A. 60-801
Mandamus is an appropriate proceeding for the purpose of compelling a public officer to perform a clearly defined duty, one imposed by law and not involving the exercise of discretion. State ex rel. Stephan v. Finney, 251 Kan. 559, 567, 836 P.2d 1169 (1992). While Article 3, § 3 of the Kansas Constitution provides original jurisdiction in this court for proceedings in mandamus, relief is discretionary. 251 Kan. at 567. This court will entertain a mandamus action if the issue is a matter of great public interest and concern. See Sedlak v. Dick, 256 Kan. 779, 786, 887 P.2d 1119 (1995).
The petitioner asks this court to interpret statutory and constitutional language which defines its authority and in particular its authority over the respondents. Mandamus is a proper remedy where the essential purpose of the proceeding is to obtain an authoritative interpretation of the law for the guidance of public officials in their administration of the public business, notwithstanding the fact that another adequate remedy at law exists. State ex rel. Stephan v. Parrish, 257 Kan. 294, 296, 891 P.2d 445 (1995.) The burden to show the right to this extraordinary remedy is on the petitioner. State, ex rel., v. Paulsen, 204 Kan. 857, Syl. ¶ 2, 465 P.2d 982 (1970).
RESPECTIVE POSITIONS OF THE PARTIES
I. Legislative Coordinating Council
The LCC argues that the payment of costs, including attorney fees in the contested election, became a mandatory obligation of the State under the provisions of K.S.A. 25-1452. The LCC contends that these expenses fall within the category of general operation expenses for the legislature and, thus, no specific line item appropriation is necessary. The LCC further contends that the refusal of the respondents to pay the expense vouchers is a violation of doctrine of separation of powers. The LCC asks this court to interpret K.S.A. 25-1452 as well as its powers vis-a-vis the respondents and to direct the respondents to pay the expense vouchers in question.
II. Secretary of Administration and Director of Accounts and Reports
The respondents assert that the payment of costs and attorney fees arising from the election contest are not valid obligations of the State and were incurred in contravention of Kansas law. Thus, they assert that under K.S.A. 75-3731(a), they may rightfully refuse payment. The respondents cite two reasons for their claim that the debts are illegal. First, the respondents argue that payment of the LCC's vouchers would violate campaign finance laws and specifically K.S.A. 25-4169a. Second, the respondents argue that payment violates Article 2, § 24 of the Kansas Constitution, which provides that "[n]o money shall be drawn from the treasury except in pursuance of a specific appropriation made by law."
ISSUES
The parties stipulated to what they considered the legal issues to be in the original action of Legislative Coordinating Council v. Frahm, 262 Kan. 144, 936 P.2d 267 (1997). We mention these issues in our conclusion to this opinion and give an answer to each of the stipulated issues. However, for the purposes of this opinion, we elect to identify the following issues in the following order for resolution: (1) the respondents' contention that payment of the vouchers is in violation of Kansas law, specifically K.S.A. 25-4169a; (2) an interpretation of K.S.A. 25-1452 relating to all costs before the district court and K.S.A. 25-1451 relating to the ultimate resolution of this election contest; (3) whether the petitioner is an agent of the legislature; (4) whether the legislature's failure to pass S.B. 95 specifically authorizing the payment of costs and fees prevents those fees from being paid; (5) whether Article 2, § 24 of the Kansas Constitution prohibits payment of costs and fees; (6) whether costs and fees qualify as an operational expense within the general appropriation fund of H.B. 2085; and (7) whether the respondents' refusal to pay the vouchers submitted violated the doctrine of separation of powers.
(1) The respondents' contention that payment of the vouchers is in violation of Kansas law, specifically K.S.A. 25-4169a.
In support of their contention that the payment of attorney fees is illegal, the respondents argue that payment of the vouchers would be a violation of K.S.A. 25-4169a, which generally provides that no officer or employee of the State of Kansas shall use public funds for the purpose of influencing the election of any candidate to state office. K.S.A. 25-4169a provides:
"(a) No officer or employee of the state of Kansas, any county, any unified school district having 35,000 or more pupils regularly enrolled, any city of the first class or the board of public utilities of the city of Kansas City, Kansas, shall use or authorize the use of public funds or public vehicles, machinery, equipment or supplies of any such governmental agency or the time of any officer or employee of any such governmental agency, for which the officer or employee is compensated by such governmental agency, for the purpose of influencing the nomination or election of any candidate to state office or local office. The provision of this section prohibiting the use of time of any officer or employee for such purposes shall not apply to an incumbent officer campaigning for nomination or reelection to a succeeding term to such office or to members of the personal staff of any elected officer.
"(b) Any person violating the provisions of this section shall be guilty of a class C misdemeanor." (Emphasis added.)
The question of whether payment of the vouchers submitted by the LCC representing the costs and attorney fees associated with the election contest between Jones and Shriver for a seat in the Kansas House of Representatives is an expenditure of public funds by a public officer for the purpose of influencing the nomination or election of any candidate to state office or local office is a question of law. Our review is, therefore, unlimited. In re Tax Appeal of Boeing Co., 261 Kan. 508, 514, 930 P.2d 1366 (1997).
An immediate and glaring problem with the respondents' position is that it conflicts with the express language contained in K.S.A. 25-1452, which creates a State obligation for payment of costs in an election contest under circumstances set forth therein. The respondents' interpretation of K.S.A. 25-4169a would make such payment of costs under K.S.A. 25-1452 illegal. We reject the respondents' construction and follow our basic rule of statutory construction to "'as far as practicable, . . . reconcile the different provisions [K.S.A. 25-1452 and K.S.A. 25-4169a] so as to make them consistent, harmonious, and sensible.'" Todd v. Kelly, 251 Kan. 512, 516, 837 P.2d 381 (1992) (quoting In re Marriage of Ross, 245 Kan. 591, 594, 783 P.2d 331 [1989]).
Nevertheless, the respondents contend that Advisory Opinion No. 95-5 issued by the Kansas Commission on Governmental Standards and Conduct (KCGSC) supports their position that the vouchers represent campaign expenses. See 14 Kan. Reg. 316 (1995). According to the respondents, the purpose of the attorney fees expended in an election contest are to influence the election. In that opinion, the commission found that a candidate who has filed an election contest is still a candidate until a termination report is filed and, therefore, any funds for legal fees in the contest are campaign funds. The respondents cite the following provisions of that opinion:
"In answer to your first question, when a candidate who has been defeated in a general election contests the certification of his or her opponent, we believe the individual is still a 'candidate' until a termination report is filed.
. . . .
". . . Anyone donating money to a defeated candidate contesting the election certification is given such money 'for the purpose of influencing the nomination or election of any individual to state or local office. 14 Kan. Reg. 317.
"[W]e suggest that any donations received by the candidate to be used for legal fees associated with the contested certification be received as campaign funds. 14 Kan. Reg. 317."
The LCC observes that the above opinion concerns campaign expenses under the Campaign Finance Act. The Campaign Finance Act is a statutorily defined act under K.S.A. 25-4142 et seq. and is separate from statutes applicable to contested elections, K.S.A. 25-1434 through 25-1452. The LCC notes that the provisions of the Campaign Finance Act deal with contributions for actively campaigning candidates for office, while the contested election statutes deal with what happens after the election results are in. See K.S.A. 25-1436. The contested election statutes specifically state that in a contest the parties shall be called the contestant and contestee, removing any doubt as to their status. See K.S.A. 25-1437.
The LCC also observes that KCGSC Advisory Opinion No. 95-5 repeatedly states that its answers to the questions presented are based upon the definition of a "candidate under the Campaign Finance Act." See 14 Kan. Reg. 316. According to the LCC, the KCGSC opinion does not concern the questions presented in light of K.S.A. 25-1452.
The LCC argues that the KCGSC advisory opinion instead deals primarily with a candidate soliciting funds and using them to pay legal fees while still a candidate. See 14 Kan. Reg. 316. (Emphasis added.) The LCC further observes that the KCGSC advisory opinion makes it clear that for acts contained in chapter 25, other than the Campaign Finance Act, an individual ceases to be a candidate upon withdrawing or upon the Board of Canvassers announcing a winner and a loser: "However, under the remainder of chapter 25, an individual ceases to be a candidate upon withdrawing the declaration of intent or nomination petition, or when the Board of Canvassers announces the winner and loser of each election." 14 Kan. Reg. 316.
We generally agree with the contentions of the LCC. At the time the expenses represented by the vouchers were incurred, Jones and Shriver were not candidates but were contestant and contestee under the provisions of K.S.A. 25-1437. We conclude the funds spent on costs and attorney fees in this election contest were not campaign expenses spent for the purpose of influencing the election. The election had been completed in that all ballots had been cast. The costs and attorney fees in this case were incurred for the purpose of insuring that the ballots be accurately counted and that an appropriate decision be made by the Kansas House of Representatives under the provisions of K.S.A. 25-1451 and K.S.A 25-1452.
(2) Interpretation of K.S.A. 25-1452 rela