Senate approves bill to allow Legislature to call own special sessions

Voters must change constitution in November

FRANKFORT, Ky. (WTVQ) – During Thursday’s session, the state Senate passed Senate Bill 88 (SB 88), which outlines the parameters of a special session if called by the General Assembly. Implementation of the bill is pending approval by Kentucky voters through a constitutional amendment on November election ballots.

The bill is companion legislation to 2021 Regular Session House Bill 4 which would allow the General Assembly to call itself into a special session by joint proclamation of the House Speaker and Senate President.

SB 88 establishes the framework of what a special session would look like if called by joint proclamation, including:

• Setting the end date for 30-day and 60-day sessions.
• Providing an additional 12 days for the Kentucky General Assembly to convene a special session if needed.
• Defining a “calendar week” as Monday through Saturday.
• Outlining legislator compensation during potential special sessions.

“This bill is necessary because the people of this commonwealth demanded lawmakers, who they sent to Frankfort to represent them, to take action to bring much-needed balance to the co-equal branches of state government,” Senate Majority Floor Leader Damon Thayer, a Georgetown Republican, said. “Their businesses were shut down, school doors were closed to students, and police were ordered to collect license plate numbers of Kentuckians who dared to attend church. These measures are the legislature saying ‘enough’ on behalf of the constituents we represent.”

Currently, only the Governor can call the legislature into a special session. According to the National Conference of State Legislatures, Kentucky is one of only 14 states in the U.S. that grants that sole authority to the governor.

“The Governor has issued mandates that he was never given a mandate to issue,” Thayer said. “More people voted for someone else than voted for him. Kentucky voters have given lawmakers a mandate to protect their constitutional rights.”

Supporters, including the Republican supermajorities in both the House and Senate, have noted Gov. Andy Beshear was elected with only a plurality of the popular vote and the legislature’s ability to serve as a check on the governor’s executive authority was upheld in a 7-0 ruling by the Kentucky Supreme Court.

Supporters claims SB 88 enables the legislature to address constituents’ needs, but also places limitations on itself.

“I don’t believe the General Assembly should have unchecked authority either; balance is necessary,” said Senate President Pro Tem David Givens, the sponsor of SB 88. “This bill limits the days per year we can return and that would only take place under special circumstances. Nevertheless, it is important that the legislative branch has a voice on matters as significant as COVID-19. The General Assembly is filled with representatives from a variety of backgrounds who have much to contribute.”

Bills limiting the Governor’s emergency powers were passed during last year’s 2021 Regular Session and were ultimately upheld by the Kentucky Supreme Court. Before that ruling, lawmakers were sidelined. Lawmakers were called into special session by the Governor last September, but would have otherwise been unable to without the call from the Governor. Even then, their legislative actions were limited to the governor’s specific call.

As an example, Republicans cite Senate Bill 8, which they claim would have addressed the state’s nursing shortage, was not within the designated scope of the session, which the Governor called. At the time, the governor and Democrats noted they were locked out of discussions about the measure, that it didn’t do enough, and ignored steps already taken to settle the issue. The measure has not be raced through the Legislature this term.

Changes to the Constitution of Kentucky require a constitutional amendment to be approved by a majority of Kentucky voters. If the amendment passes in November’s general election, SB 88 becomes law. Not only will the governor have the ability to call a special session, but also the General Assembly.