Request By:
Honorable Tom Garrett
State Senator, 2nd District
P.O. Box 868
Paducah, KY 42001
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas C. Jacobs, Deputy Attorney General
In your letter of January 27, 1978 to Attorney General Stephens, you have noted our opinion, OAG 78-38, regarding Sections 39 and 46 of the Kentucky Constitution, and in light of same ask:
". . . whether Section 39 gives the Senate the power to enact a rule establishing procedures for the determination as to when a "reasonable time" under Section 46 has elapsed."
In summary, OAG 78-38 held that Section 39 of the Kentucky Constitution authorized the General Assembly to enact general rules governing its' proceedings, but did not empower the General Assembly to enact rules contrary to specific mandates in other sections of the Constitution. We have found no other section of the Constitution which attempts to define the term "reasonable time", as that term appears in Section 46, and are, therefore, of the opinion that Section 39 of the Constitution would authorize the Senate to adopt rules establishing procedures for the determination as to when a "reasonable time" has elapsed.
We have reviewed a draft of proposed new Senate Rule 47 and believe it to be within the scope and spirit of Section 39 of the Constitution of the Commonwealth.
I trust this satisfactorily answers any questions that might have been raised by OAG 78-38.