Sharp differences over the two controversial constitutional amendments that Kentucky voters will decide Nov. 8 at the polls played out recently on statewide television.
Advocates of Constitutional Amendment 1, which would give the Kentucky legislature more power over how often it meets, argued it will provide more checks and balances in state government while opponents called it a money and power grab for state lawmakers.
Democratic Gov. Andy Beshear appeared in a taped segment to voice his opposition to the measure.
On Constitutional Amendment 2, which would eliminate any abortion rights from that state’s constitution, an advocate said it would reduce court battles in the state over abortion and make sure there is no public funding of abortion. An opponent said its passage likely would mean no exceptions of rape and incest for an abortion and likely would lead to legislation to not protect pregnant women who go out of state to get an abortion.
The two measures were the topic of discussion on the Oct. 24 “Kentucky Tonight” with moderator Renee Shaw on Kentucky Educational Television.
Constitutional Amendment 1
The amendment, which contains more than 700 words, would let legislators call themselves into a special session and possibly extend regular sessions to end later in the year.
Now, only a governor can call legislators into a special session and set its agenda.
Senate President Pro Tem David Givens, R-Greensburg, said the legislature saw Democratic Gov. Andy Beshear use “unfettered” power in handling the COVID-19 pandemic and the legislature could do nothing since it was not in session.
The amendment would allow the legislature to call itself into a special session by a joint proclamation of the House speaker and Senate present. It could only meet for a maximum of 12 days each calendar year in such sessions. The session would not have to be limited to a specific topic.
The amendment also would let the legislature change the end date of regular sessions with 60 percent of the vote in each chamber. Current end dates for regular sessions are March 30 in odd-numbered years and April 15 in even-numbered years.
But the legislature could not add to the maximum number of meeting days in a regular session. Long sessions in even-numbered years now meet for 60 days over 3½ months and 30 days in odd-numbered years for short sessions that run about three months.
Under the amendment, no session could run past Dec. 31.
Beshear said in his taped segment that the amendment would allow the legislature to call itself into special session at any time for any reason. “And because they have the ability to suspend statutes that are already in place, they could do it for as many days as they like.”
He said it would end part-time citizen legislatures and provide more pay to lawmakers. He noted they gave themselves a pay raise this year and could more than double that by calling themselves into session more. The Legislative Research Commission estimates that a special session costs taxpayers about $68,000 a day.
He called the amendment “a power grab.”
A special session should be “special” with input from lawmakers and the governor and not just called by lawmakers over any minute item, said Beshear.
House Speaker David Osborne, R-Prospect, said the governor made an “absurd inaccuracy,” saying it is “very clear” that the legislature would only use 12 days for a special session.
Osborne also dismissed political charges, saying he first proposed the amendment when Republican Gov. Matt Bevin was in office.
Senate Minority Caucus Chair Reggie Thomas, D-Lexington, argued that the amendment gives too much power to the legislature.
Rep. Jeff Donohue, D-Fairdale, said the amendment “deserves more thought.”
The wording of the amendment is quite long, which often does not bode well for amendments. The Kentucky Supreme Court has said the state Constitution does not allow for a terse summary of proposed amendments, that they should be plain with clear direction.
Here is the exact wording of the amendment on the ballot. To support it, vote yes. To oppose it, vote no.
“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.”
Constitutional Amendment 2
The second amendment on the ballot is shorter but no less controversial.
It asks, “Are you in favor of amending the Constitution of Kentucky by creating a new Section of the Constitution to be numbered Section 26A to state as follows: To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion?”
Since the U.S. Supreme Court in June overturned Roe v. Wade in saying there is no federal constitutional right to an abortion, Kentucky has largely banned abortion through a so-called “trigger law” that the Kentucky Supreme Court will take up after the November election. The state’s trigger law allows abortions only in medical emergencies to save the mother’s life.
More than $3.6 million has been spent in Kentucky by both sides of this amendment.
Addia Wuchner, executive director of Kentucky Right to Life Association and a state GOP lawmaker from 2005 to 2019 from Florence, said the amendment is needed to keep the trigger law, which she said reflects family values.
But Tamarra Wieder, Kentucky director for Planned Parenthood Alliance Advocates, said polls show that most people favor abortions in cases of rape and incest and said she is “excited” about the results of the Nov. 8 ballot issue.
Republican Attorney General Daniel Cameron, who is running for governor next year, released two advisories providing an overview of the scope and effect of the two proposed amendments in his opinion.
In the advisory regarding Constitution Amendment 1, Cameron said that voting yes on this amendment would allow the General Assembly and the governor to determine when the legislature meets.
On Constitution Amendment 2, Cameron said it does not ban abortion in Kentucky but allows abortion decisions to be made by the state legislature.
This story was first published on the Northern Kentucky Tribune. Read the original article here.
Jack Brammer is a part-time state reporter covering the Northern Kentucky Tribune state legislative caucus and state politics. Prior to joining the NKyTribune, he was the Frankfort Bureau Chief for the Lexington Herald-Leader, a role he retired from in December 2021 after covering nine Kentucky governors and 58 sessions of the Kentucky General Assembly.
