CHAPTER III.

STATE GOVERNMENT.

The state constitution adopted by the voters is the fundamental law of

the state.

A state Constitution cannot interfere with the Federal Constitution,

neither can the Federal Constitution interfere with the regulation of

the state. As has been said the Kentucky Constitution was adopted on

April 3, 1792, at a convention which met in Danville.

A state Constitution is a law made by the people and cannot be changed

by the legislature, but may be amended or revised by the voters.

Amendments are usually submitted to the legislature and then to the

voters.

The revision of the Constitution is by means of a convention of

delegates elected by the people.

The three departments of state governments are: The legislative, the

lawmaking power; the judicial, the law interpreting power; and the

executive, the law enforcing power.

All state governments are divided into these three classes, the

legislative, judicial and executive.

The legislature passes laws which govern people in their relation to

each other.

The Kentucky legislature convenes at the capital at Frankfort every

two years on the first Tuesday after the first Monday in January and

remains in session for sixty working days, not including Sundays and

national holidays.

It is composed of two houses, the House of Representatives, known as

the lower house with one hundred members, and the Senate, known as the

upper house with thirty-eight members.

The Kentucky General Assembly is composed of one hundred and

thirty-eight members elected by the voters of the State in the

counties and districts in which they reside.

The State is divided into senatorial and representative districts,

with a representation based upon population.

The term of office for Senators is four years. A Senator must be

thirty years old, a citizen of the United States for nine years and

must live in the State and district from which he is elected.

A State Senator in Kentucky receives $10.00 per day for his services

during the sitting of the legislature, mileage to and from home at the

rate of ten cents per mile, and stationery.

The Lieutenant Governor is the presiding officer of the Senate.

The Senate sits as a court and tries all impeachments.

The president pro tem. of the Senate is elected by the members of the

body, also the clerks, doorkeeper and pages.

The president pro tem. presides in the absence of the Lieutenant

Governor, and in case of vacancy to this office would become

Lieutenant Governor.

The president of the Senate appoints the standing committees, unless

the opposite party is in power, then the president pro tem. virtually

controls said appointments.

To be a member of the House of Representatives a person must be

twenty-four years old.

His term of office is only two years but he receives the same salary

as a Senator, $10.00 per day, mileage and stationery.

The body elects its speaker and other officers, and has the sole power

of impeachment.

The principal work in both houses are done through the committees

appointed by the President of the Senate and Speaker of the House.

A bill is prepared and introduced by a member of the Senate or House.

If it pertains to revenue and taxation, it must originate in the House

of Representatives.

When a bill is introduced the clerk of the body reads it by title

only. The President of the Senate or Speaker of the House then refers

it to the proper committee (of the body in which the bill originated).

It is numbered and ordered printed when referred to the committee. The

committee considers the bill and usually reports it back with

expression of opinion that it should or should not pass to the body in

which it originated. (The committee may pigeonhole it and not report

it, or may report it too late for action by the body.)

The bill and the report from the committee is printed and placed on

the calendar and takes its turn to be brought up for passage. (By

consent a bill is acted upon out of its turn.)

The bill is taken in its regular order from the calendar and read the

second time in full by the clerk. It is open to debate or amendment

unless the previous question is ordered, which if adopted cuts off

debate and amendment. Then the bill is read the third time by title

only. (Any member may demand the reading in full of the engrossed bill

if he desires.) It is then placed on its passage by the presiding

officer of the body, and if passed it is then transmitted to the

Senate by the House clerk, if a House bill. If a Senate bill, it is

taken by the Senate clerk to the House for consideration.

A bill goes through the same form in either body, after which it is

returned to the body in which it originated with or without

amendments. If the bill is passed it goes into possession of the clerk

of the body in which it originated. Then the enrolling clerk of the

body in which the bill originated enrolls it verbatim from the

original. After it is enrolled it is compared by the committee on

enrollment in each House. If found correctly enrolled the chairman of

each committee reports it to the body, and it is compared again by the

clerks of each body and signed by the clerk of the body in which it

originated, also signed by the President of the Senate and the Speaker

of the House. (The presiding officer of the House in which it

originated signs first.) Then the clerk of that body takes it to the

Governor for his approval. If the Governor approves it he does so with

his signature. It becomes a law at once if it has an emergency clause;

otherwise, in ninety days after its signature by the Governor. It is

then filed with the Secretary of State. Then later on the bills

passed during the session are compiled by the Attorney General and

known as the Acts of the General Assembly of that session. If the

Governor vetoes a bill while the Legislature is in session, it may be

taken up in the house in which it originated, and passed over his

veto, but must receive a two-thirds vote in each house.

The Governor is allowed ten days after the General Assembly adjourns

for approving bills, and if not signed within that time they become

the law without his signature.

The passage of a bill in all the states is about the same.

Citizenship: A Manual for Voters · 第 3 / 11 章