Constitutional Amendment #1

BALLOT LANGUAGE

“Are you in favor of amending the present Constitution of Kentucky to repeal sections 36, 42, and 55 and replace those sections with new sections of the Constitution of Kentucky to allow the General Assembly to meet in regular session for thirty legislative days in odd-numbered years, for sixty legislative days in even-numbered years, and for no more than twelve additional days during any calendar year if convened by a Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, with no session of the General Assembly to extend beyond December 31, and to provide that any act passed by the General Assembly shall become law on July 1 of the year in which it was passed, or ninety days after passage and signature of the Governor, whichever occurs later, or in cases of emergency when approved by the Governor or when it otherwise becomes law under Section 88 of the Constitution? [Complete text of proposed Constitutional Amendment #1 can be viewed in 'Info From Other Sources' section by selecting the ‘More’ icon above.]

WHAT IT MEANS

Expands power of the General Assembly to increase the number of days in session.

ARGUMENTS FOR AND AGAINST

Yes

"Voting YES on Kentucky Constitutional Amendment #1 will allow the Kentucky House and Senate leadership to call a special session; which will be helpful if a Governor oversteps boundaries in closing churches and small businesses during a pandemic. It also allows the leadership to change the end date of the sessions for added flexibility."  Dr. Frank Simon, " VOTE YES! For Two Kentucky State Constitutional Amendments", American Family Association of Kentucky, September 7, 2022 https://www.afaky.org/post/vote-yes-for-two-kentucky-state-constitutional-amendments

“Nowhere in the legislation does it indicate that solely when Republicans are in power, and the governor is a Democrat, that this can be used. This is for universal use and recognizes the power and authority of the General Assembly,” Senate Pro Tem David Givens. 2022. "Ky. constitutional amendment would give legislature more power." Interview by Divya Karthikeyan, Capitol Reporter, Kentucky Public Radio. September 28, 2022

"Passage of the amendment would loosen the current constitutional requirement that legislators adjourn by April 15 during the even-numbered budget sessions and by March 30 in odd-numbered years by allowing the spreading of those days throughout the year. Plus, it would allow legislators to call themselves back into session for up to 12 additional days during the year." Jim Waters, CEO, "Could constitutional amendment help balance power in Frankfort?", The Bluegrass Institute for Public Policy Solutions. Blog. August 29, 2021

"While this column previously has expressed plenty of concern over allowing legislators more days to meet, it’s unavoidable considering the current executive’s antics not to see this proposed amendment as a feasible way of addressing Beshear’s heavy-handed approach to locking down the state and interfering with parents’ and local school districts’ decision-making regarding how best to respond to COVID-19 and its mutations." Ibid.

No

"This would prevent the Kentucky General Assembly from calling themselves into session." Kentucky Educators Political Action Committee, 2022 Endorsements

"The amendment would destroy Kentucky’s system of checks of balances, between the three branches of government, by allowing state lawmakers to begin a legislative session and start making laws without working with the Executive Branch. Kentucky does not need unchecked politicians" - The Peoples Campaign

ENDORSEMENTS

Yes

Freedoms Heritage Forum (Conservative)

Dr. Dan Bentley (Conservative)

Brandon Reed (Conservative)

Dan Fister (Conservative)

David Hale (Conservative)

No

Kentucky AFL-CIO (Liberal)

Kentucky Educators' PAC (Liberal)

Greater Louisville Central Labor Council (Liberal)

C-Fair (Liberal)

The People's Campaign (Liberal)

OTHER INFORMATION

Yes

Note: The following quotes and source does not explicitly take a position on Constitutional Amendment #1

"The amendment aims to control the power of the governor with regard to legislative sessions."  Claire Aldridge. "The Problem of Power: Is this Amendment the Solution?"  Warren County Conservatives. https://warrencountyconservatives.org/amendment-gives-more-power-to-the-people/

"Will this amendment decrease the overreaching power of the governor at the expense of creating a bigger government?" Ibid.

Full text of proposed Constitutional Amendment #1:

“Are you in favor of amending the present Constitution of Kentucky to repeal sections 36, 42, and 55 and replace those sections with new sections of the Constitution of Kentucky to allow the General Assembly to meet in regular session for thirty legislative days in odd-numbered years, for sixty legislative days in even-numbered years, and for no more than twelve additional days during any calendar year if convened by a Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, with no session of the General Assembly to extend beyond December 31, and to provide that any act passed by the General Assembly shall become law on July 1 of the year in which it was passed, or ninety days after passage and signature of the Governor, whichever occurs later, or in cases of emergency when approved by the Governor or when it otherwise becomes law under Section 88 of the Constitution?

Proposed New Section

(1) The General Assembly, in odd-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January for the purpose of electing legislative leaders, adopting rules of procedure, organizing committees, and introducing and considering legislation.

(2) No regular session of the General Assembly occurring in odd-numbered years shall continue beyond thirty legislative days.

(3) No bill raising revenue or appropriating funds shall be passed by the General Assembly in a regular session in an odd-numbered year unless it shall be agreed upon by three-fifths of all the members elected to each House.

(4) The General Assembly, in even-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January, and no regular session of the General Assembly in even-numbered years shall extend beyond sixty legislative days.

(5) Except as otherwise provided in this Constitution, the General Assembly shall establish by general law or joint resolution the date the regular session shall end. No bill establishing a later date shall be passed by the General Assembly unless it shall be agreed upon by three-fifths of all the members elected to each House. No session of the General Assembly shall extend beyond December 31.

(6) In addition to a regular session, the General Assembly may be convened by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives for no more than twelve legislative days annually, during which the General Assembly may recess from time to time as it determines necessary. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives.

(7) All sessions of the General Assembly shall be held at the seat of government, except in the case of war, insurrection, or pestilence, when it may, by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, assemble, for the time being, elsewhere. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives.

(8) Limitations as to the length of any session of the General Assembly shall not apply to any extraordinary session under Section 80 of this Constitution or in the Senate when sitting as a court of impeachment.

(9) A legislative day shall be construed to mean a calendar day, exclusive of Sundays, legal holidays, or any day on which neither House meets.

Proposed New Section

No act, except general appropriation bills, shall become a law until July 1 of the year in which it was passed, or until ninety days after it becomes law under Section 88 of this Constitution, whichever occurs later, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor or when it otherwise becomes a law under Section 88; but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.”

No

Full text of proposed Constitutional Amendment #1:

“Are you in favor of amending the present Constitution of Kentucky to repeal sections 36, 42, and 55 and replace those sections with new sections of the Constitution of Kentucky to allow the General Assembly to meet in regular session for thirty legislative days in odd-numbered years, for sixty legislative days in even-numbered years, and for no more than twelve additional days during any calendar year if convened by a Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, with no session of the General Assembly to extend beyond December 31, and to provide that any act passed by the General Assembly shall become law on July 1 of the year in which it was passed, or ninety days after passage and signature of the Governor, whichever occurs later, or in cases of emergency when approved by the Governor or when it otherwise becomes law under Section 88 of the Constitution?

Proposed New Section

(1) The General Assembly, in odd-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January for the purpose of electing legislative leaders, adopting rules of procedure, organizing committees, and introducing and considering legislation.

(2) No regular session of the General Assembly occurring in odd-numbered years shall continue beyond thirty legislative days.

(3) No bill raising revenue or appropriating funds shall be passed by the General Assembly in a regular session in an odd-numbered year unless it shall be agreed upon by three-fifths of all the members elected to each House.

(4) The General Assembly, in even-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January, and no regular session of the General Assembly in even-numbered years shall extend beyond sixty legislative days.

(5) Except as otherwise provided in this Constitution, the General Assembly shall establish by general law or joint resolution the date the regular session shall end. No bill establishing a later date shall be passed by the General Assembly unless it shall be agreed upon by three-fifths of all the members elected to each House. No session of the General Assembly shall extend beyond December 31.

(6) In addition to a regular session, the General Assembly may be convened by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives for no more than twelve legislative days annually, during which the General Assembly may recess from time to time as it determines necessary. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives.

(7) All sessions of the General Assembly shall be held at the seat of government, except in the case of war, insurrection, or pestilence, when it may, by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, assemble, for the time being, elsewhere. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives.

(8) Limitations as to the length of any session of the General Assembly shall not apply to any extraordinary session under Section 80 of this Constitution or in the Senate when sitting as a court of impeachment.

(9) A legislative day shall be construed to mean a calendar day, exclusive of Sundays, legal holidays, or any day on which neither House meets.

Proposed New Section

No act, except general appropriation bills, shall become a law until July 1 of the year in which it was passed, or until ninety days after it becomes law under Section 88 of this Constitution, whichever occurs later, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor or when it otherwise becomes a law under Section 88; but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.”

Note: The following quotes and source does not explicitly take a position on Constitutional Amendment #1.

"The amendment aims to control the power of the governor with regard to legislative sessions."  Claire Aldridge. "The Problem of Power: Is this Amendment the Solution?"  Warren County Conservatives. https://warrencountyconservatives.org/amendment-gives-more-power-to-the-people/

"Will this amendment decrease the overreaching power of the governor at the expense of creating a bigger government?" Ibid.

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