Request By:
Senator Woodrow Stamper
Chairman
Senate Appropriations and
Revenue Committee
Capitol Building
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
In your letter of February 7, 1979, you have asked this office for an opinion regarding the constitutionality of House Bill 62. That proposal is entitled "An act relating to legislative salaries and expenses" and would have the effect of permitting the General Assembly to recess for an unspecified number of days without pay, prior to sine die adjournment, for the purpose of returning to vote to override vetoes of the Governor. It amends KRS 6.190 and 6.211.
We presume your question is directed to Section 80 of the Constitution, which provides in the last sentence thereof:
"When he [the Governor] shall convene the General Assembly it shall be by proclamation, stating the subjects to be considered, and no others shall be considered." (Emphasis added).
The purpose of this provision is to give notice to the public of the subjects to be considered in order that persons interested may be present, if they desire, and also it is a check upon legislative action that no matters outside the proclamation shall be acted upon. Richmond v. Lay, 261 Ky. 138, 87 S.W.2d 134, 135 (1935). Such a provision is mandatory and limits the power of the General Assembly to the enactment of such laws as relate to subjects stated in the Governor's Proclamation. Trenton Graded School Dist. v. Board of Education, 278 Ky. 607, 129 S.W.2d 143 (1939).
We have examined the twenty-nine (29) items in the Proclamation of the Governor of the Commonwealth of Kentucky, as amended the 5th day of February, 1979, and do not find any items sufficiently broad in scope to embrace the action taken by the House of Representatives in House Bill 62. It is our opinion, therefore, that House Bill 62 is unconstitutional since it is not germane to the Proclamation calling the General Assembly into Extraordinary Session.