Did you know that Kentucky has some of the most restrictive constitutional limitations on when the General Assembly can gavel into session of any other state in the nation?
In Kentucky, the General Assembly is a part-time legislature, only convening for one 60-day session during even numbered years, and one 30-day session during odd numbered years. Being a part-time legislature had its historical advantages, as most legislators 100 or more years ago had businesses in their districts, which they had to leave to travel the long distance to Frankfort.
When in session, the commonwealth has three functional branches of government, each keeping the other in check, as both our federal and state constitutions were designed. Problems arise, however, when the General Assembly is not in session, and has no ability to return during times of emergency or overreach by other branches. A prime example of this was with the current Governor who, as we experienced in 2020 and 2021, frequently exercised unchecked power with inconsistent and unconstitutional closures and mandates associated with COVID-19.
In today’s world, with the ease of travel and rapidly changing situations, your General Assembly needs more flexibility to respond to our rapidly changing world. These are the reasons behind Constitutional Amendment #1 on the 2022 general election ballot. If approved, it would enable the General Assembly to convene itself, under limited and extraordinary circumstances, when conditions warrant it.
Not only are other states in continuous session or have full-time legislators, but most state assemblies have the constitutional authority to call themselves into session if needed. Kentucky is one of only 14 states in which only the governor can call the legislature into session.
It is not wise for a governor, of either party, to possess such sweeping, unchecked authority as the state constitution currently provides. We no longer live in the horse and buggy days of the last constitutional convention when it was difficult and inefficient for the General Assembly to convene promptly. In 2022, the General Assembly can gather quickly and communicate about the needs of our people even more quickly. It is especially important for the branch of government closest to the people to be part of the decision-making process when our state is facing a natural disaster response, or when our statewide economy or our individual freedoms and liberty hang in the balance.
The state Senate actively worked with the state House of Representatives on House Bill 4, which established the parameters for a constitutional amendment. It passed the General Assembly during the 2021 session by significant bipartisan margins. Constitutional Amendment #1 will appear on the November 8 general election ballot. It would:
Empower the legislature, by a three-fifths vote, to extend the end dates for the session beyond the current March 30 and April 15 deadlines. Importantly, it will keep the 30-day session limits for odd years and 60-day session limit for even years but provide your representatives in Frankfort the flexibility to adjust the calendar as needed. Regular sessions would not extend into the next calendar year.
Allow the Senate President and the House Speaker, by joint proclamation, to bring the General Assembly into session for 12 additional days a year, with days of recess included as necessary.
This is a minor change to our state’s constitution that will meet the changing demands of modern times and bring a much-needed rebalancing to the branches of government. If a governor attempts to misuse his or her perceived constitutional authority, or refuses to act when they should, the General Assembly would be empowered to respond legislatively.
The decision now falls to the voters in the commonwealth. Ultimately, I hope you will vote “yes” on this amendment and grant the General Assembly authority to call itself into session for limited time frames throughout the year when necessary. This will enable your General Assembly to, as needed, check the power of the governor or respond to the needs of the people of this great commonwealth that require immediate attention.
I urge all voters to ratify this important constitutional amendment and vote yes on #1 on November 8.