Request By:
Mr. Vic Hellard, Jr.
Director
Legislative Research Commission
Capitol Building
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You request our opinion on the question as to how many members of both houses of the General Assembly would have to be present in Frankfort on January 10, 1983, at the seat of government in order to properly be "convened" in response to Governor Brown's call for a special session, the original convening date being January 10, 1983?
When the General Assembly convenes in response to the Governor's call for a special session, it is strictly for the purpose of considering a subject or subjects (as designated by the governor) for legislative action. Thus a proper convening would mean a sufficient number of members of both houses which is minimal in doing its business, i.e., legislating. In simple language, a quorum is required.
Section 37 of the Kentucky Constitution provides:
"Not less than a majority of the members of each House of the General Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members in such manner and under such penalties as may be prescribed by law."
Section 46 of the Kentucky Constitution contains detailed requirements as to considering bills for final passage.
The clear answer to your question is that, in order for the General Assembly to be convened on January 10, 1983, in Frankfort to respond to the original call for special session, not less than a majority of the members of each House of the General Assembly would have to be actually present. That is precisely the case, since under the explicit and unambiguous wording of § 37 of the Kentucky Constitution not less than a majority of the members of each house of the General Assembly shall constitute a quorum "to do business." (Emphasis added). See
Kirchdorfer v. Tincher, 204 Ky. 366, 264 S.W. 766 (1924) 769. Since § 37, Constitution, is clear and unambiguous, there is no room for even court construction, and the constitutional section must be accepted as it is written.
Griffin v. City of Bowling Green, Ky., 458 S.W.2d 456 (1970).
It is interesting to note that in