Mueller also makes a due process challenge to K.S.A. 1993 Supp. Neither the Perez nor the Adams courts addressed a due process challenge to K.S.A. 1993 Supp. His new claim is considered. A statute is presumed constitutional, and the party attacking the statute has the burden of proof. If there is any reasonable way to construe a statute as constitutionally valid, we must do so.
Due process emphasizes fairness between the state and the individual dealing with the state.
The due process test is whether the regulation is reasonable in relation to its subject and is adopted in the interest of the community. When a court has addressed whether a statute violates equal protection, it will have implicitly determined whether the statute violates due process. The due process and equal protection tests weighs almost identical factors in determining the constitutionality of a statute. As noted in Perez , the legislature enacted K.S.A. 1993 Supp. The statute has a reasonable relation to that objective.