The Kentucky Constitution
We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.
That the great and essential principles of liberty and free government may be recognized and established, we declare that:
Section 1
Rights of life, liberty, worship, pursuit of safety and happiness, free speech, acquiring and protecting property, peaceable assembly, redress of grievances, bearing arms.
Section 2
Absolute and arbitrary power denied.
Section 3
Men are equal -- No exclusive grant except for public services -- Property not to be exempted from taxation -- Grants revocable.
Section 4
Power inherent in the people -- Right to alter, reform, or abolish government.
Section 5
Right of religious freedom.
Section 6
Elections to be free and equal.
Section 7
Right of trial by jury.
Section 8
Freedom of speech and of the press.
Section 9
Truth may be given in evidence in prosecution for publishing matters proper for public information -- Jury to try law and facts in libel prosecutions.
Section 10
Security from search and seizure -- Conditions of issuance of warrant.
Section 11
Rights of accused in criminal prosecution -- Change of venue.
Section 12
Indictable offense not to be prosecuted by information -- Exceptions.
Section 13
Double jeopardy -- Property not to be taken for public use without compensation.
Section 14
Right of judicial remedy for injury -- Speedy trial.
Section 15
Laws to be suspended only by General Assembly.
Section 16
Right to bail -- Habeas corpus.
Section 17
Excessive bail or fine, or cruel punishment, prohibited.
Section 18
Imprisonment for debt restricted.
Section 19
Last Amended
1988
Ex post facto law or law impairing contract forbidden -- Rules of construction for mineral deeds relating to coal extraction.
Section 20
Attainder, operation of restricted.
Section 21
Descent in case of suicide or casualty.
Section 22
Standing armies restricted -- Military subordinate to civil -- Quartering soldiers restricted.
Section 23
No office of nobility or hereditary distinction, or for longer than a term of years.
Section 24
Emigration to be free.
Section 25
Slavery and involuntary servitude forbidden.
Section 26
General powers subordinate to Bill of Rights -- Laws contrary thereto are void.
Section 29
Legislative power vested in General Assembly.
Section 30
Last Amended
1979
Term of office of Senators and Representatives.
Section 31
Last Amended
1979
Time of election and term of office of Senators and Representatives.
Section 32
Qualifications of Senators and Representatives.
Section 33
Senatorial and Representative districts.
Section 34
Officers of Houses of General Assembly.
Section 35
Number of Senators and Representatives.
Section 36
Last Amended
2000
Time and place of meetings of General Assembly.
Section 37
Majority constitutes quorum -- Powers of less than a quorum.
Section 38
Each House to judge qualifications, elections, and returns of its members -- Contests.
Section 39
Powers of each House as to rules and conduct of members -- Contempt - - Bribery.
Section 40
Journals -- When vote to be entered.
Section 41
Adjournment during session.
Section 42
Last Amended
2000
Compensation of members -- Length of sessions -- Legislative day.
Section 43
Privileges from arrest and from questioning as to speech or debate.
Section 44
Ineligibility of members to civil office created or given increased compensation during term.
Section 45
Collector of public money ineligible unless he has quietus.
Section 46
Bills must be reported by committee, printed, and read -- How bill called from committee -- Votes required for passage.
Section 47
Bills to raise revenue must originate in House of Representatives.
Section 48
Resources of Sinking Fund not to be diminished -- Preservation of fund.
Section 49
Power to contract debts -- Limit.
Section 50
Purposes for which debt may be contracted -- Tax to discharge -- Public vote.
Section 51
Law may not relate to more than one subject, to be expressed in title -- Amendments must be at length.
Section 52
General Assembly may not release debt to State or to county or city.
Section 53
Investigation of accounts of Treasurer and Auditor -- Report, publication, submission to Governor and General Assembly.
Section 54
No restriction on recovery for injury or death.
Section 55
When laws to take effect -- Emergency legislation.
Section 56
Signing of bills -- Enrollment -- Presentation to Governor.
Section 57
Member having personal interest to make disclosure and not vote.
Section 58
General Assembly not to audit nor allow private claim -- Exception -- Appropriations.
Section 59
Local and special legislation.
Section 60
General law not to be made special or local by amendment -- No special powers or privileges -- Law not to take effect on approval of other authority than General Assembly -- Exceptions.
Section 61
Last Amended
1935
Provision to be made for local option on sale of liquor -- Time of elections.
Section 62
Style of laws.
THE EXECUTIVE DEPARTMENT
Section 69
Executive power vested in Governor.
Section 70
Last Amended
1992
Election of Governor and Lieutenant Governor -- Term -- Tie vote.
Section 71
Last Amended
1992
Gubernatorial succession
Section 72
Last Amended
1992
Qualifications of Governor and Lieutenant Governor -- Duties of Lieutenant Governor.
Section 73
Last Amended
1992
When terms of Governor and Lieutenant Governor begin.
Section 74
Last Amended
1994
Compensation of Governor and Lieutenant Governor.
Section 75
Governor is Commander-in-Chief of army, navy and militia.
Section 76
Power of Governor to fill vacancies.
Section 77
Power of Governor to remit fines and forfeitures, grant reprieves and pardons -- No power to remit fees.
Section 78
Governor may require information from state officers.
Section 79
Reports and recommendations to General Assembly.
Section 80
Governor may call extraordinary session of General Assembly, adjourn General Assembly.
Section 81
Governor to enforce laws.
Section 82
Last Amended
1992
Succession of Lieutenant Governor.
Section 83
Repealed
1992
Lieutenant Governor is President of Senate -- Right to vote.
Section 84
Last Amended
1992
When Lieutenant Governor to act as Governor -- President of the Senate not to preside at impeachment of Governor -- Certification of disability of Governor.
Section 85
Last Amended
1992
President of Senate -- Election -- Powers.
Section 86
Last Amended
1992
Compensation of President of the Senate.
Section 87
Last Amended
1992
Who to act as Governor in absence of Lieutenant Governor and President of the Senate.
Section 88
Signature of bills by Governor -- Veto -- Passage over veto -- Partial veto.
Section 89
Concurrent orders and resolutions on same footing as bill.
Section 90
Contest of election for Governor or Lieutenant Governor.
Section 91
Last Amended
1992
Constitutional State officers -- Election -- Qualifications -- Term of office -- Duties -- Secretary of State to record acts of Governor and report them to General Assembly.
Section 92
Qualifications of Attorney General.
Section 93
Last Amended
1992
Succession of elected Constitutional State Officers -- Duties -- Inferior officers and members of boards and commissions.
Section 94
Repealed
1992
Register of Land Office may be abolished.
Section 95
Last Amended
1992
Time of election of elected Constitutional State officers.
Section 96
Compensation of Constitutional State officers.
Section 97
Last Amended
1992
Commonwealth's Attorney and Circuit Court Clerk -- Election -- Term.
Section 98
Compensation of Commonwealth's Attorney.
Section 99
Last Amended
1992
County officers, justices of the peace, and constables -- Election -- Term.
Section 100
Qualifications of officers for counties and districts.
Section 101
Qualifications and jurisdiction of constables.
Section 102
Officers for new counties.
Section 103
Bonds of county officers and other officers.
Section 104
Abolishment of office of assessor -- Assessor may not succeed himself.
Section 105
Consolidation of offices of sheriff and jailer.
Section 106
Fees of county officers -- Fees in counties having seventy-five thousand population or more.
Section 107
Additional county or district offices may be created.
Section 108
Abolishment of office of Commonwealth's Attorney.
Section 117
Last Amended
1976
Election.
Section 118
Last Amended
1976
Vacancies.
Section 119
Last Amended
1976
Terms of office.
Section 120
Last Amended
1976
Compensation -- Expenses.
Section 121
Last Amended
1976
Retirement and removal.
Section 122
Last Amended
1976
Eligibility.
Section 123
Last Amended
1976
Prohibited activities.
Section 124
Last Amended
1976
Conflicting provisions.
Section 125
Repealed
1976
Circuit Court for each county.
Section 126
Repealed
1976
Jurisdiction of Circuit Courts.
Section 127
Repealed
1976
Appeal from Circuit Court
Section 128
Repealed
1976
Circuit Court districts.
Section 129
Repealed
1976
Election of Circuit Judges -- Term -- Commissions -- Removal.
Section 130
Repealed
1976
Qualifications of Circuit Judges.
Section 131
Repealed
1976
Terms of Circuit Courts.
Section 132
Repealed
1976
Additional Circuit Court districts -- Population limits.
Section 133
Repealed
1976
Compensation of Circuit Judges.
Section 134
Repealed
1976
When districts may be changed.
Section 135
Repealed
1976
Only Constitutional Courts permitted.
Section 136
Repealed
1976
Special Judges of Circuit Courts.
Section 137
Repealed
1976
Circuit Court in county having population of 150,000 or more -- Separate district -- Additional judges -- Branches -- General Term -- Clerk -- Criminal cases.
Section 138
Repealed
1976
Certain counties may constitute separate district - - Additional judges -- Practice.
Section 139
Repealed
1976
Quarterly Court for each county -- Jurisdiction -- County Judge to preside.
Section 145
Last Amended
1955
Persons entitled to vote.
Section 146
Soldiers or sailors stationed in State are not residents.
Section 147
Last Amended
1945
Registration of voters -- Manner of voting -- Absent voting -- Voting machines -- "Election" defined -- Election laws -- Illiterate and disabled voters.
Section 148
Last Amended
1992
Number of elections -- Day and hours of election -- Qualifications of officers -- Employees to be given time to vote.
Section 149
Privilege from arrest during voting.
Section 150
Disqualification from office for using money or property to secure or influence election -- Corporation not to use money or other thing of value to influence election -- Exclusion from office for conviction of felony or high misdemeanor -- Laws to regulate elections.
Section 151
Person guilty of fraud, intimidation, bribery, or corrupt practice to be deprived of office by suitable statutory means.
Section 152
Vacancies -- When filled by appointment, when by election-- Who to fill.
Section 153
Power of General Assembly as to elections.
Section 154
Laws as to sale or gift of liquor on election days.
Section 155
School elections not governed by Constitution.
Section 156
Repealed
1994
Cities divided into six classes -- General laws to be made for each class -- Population limits for classes -- Assignment to classes -- Organization of cities.
Section 156A
Last Amended
1994
General Assembly authorized to provide for creation, governmental structure, and classification of cities.
Section 156B
Last Amended
1994
General Assembly authorized to permit municipal home rule for cities.
Section 157
Last Amended
1994
Maximum tax rate for cities, counties, and taxing districts.
Section 157A
Last Amended
1909
Credit of Commonwealth may be loaned or given to county for roads -- County may vote to incur indebtedness and levy additional tax for roads.
Section 157B
Last Amended
1994
Adoption of budget required for cities, counties, and taxing districts - - Expenditures not to exceed revenues for fiscal year.
Section 158
Last Amended
1994
Maximum indebtedness of cities, counties, and taxing districts -- General Assembly authorized to set additional limits and conditions.
Section 159
Tax to pay indebtedness in not more than forty years must be levied.
Section 160
Last Amended
1986
Municipal officers -- Election and term of office -- Officers ineligible -- Fiscal officers.
Section 161
Compensation of city, county, or municipal officer not to be changed after election or appointment or during term, nor term extended.
Section 162
Unauthorized contracts of cities, counties, and municipalities are void.
Section 163
Public utilities must obtain franchise to use streets.
Section 164
Term of franchises limited -- Advertisement and bids.
Section 165
Incompatible offices and employments.
Section 166
Expiration of city charters granted prior to Constitution.
Section 167
Last Amended
1992
Time of election of city, urban-county, and town officers.
Section 168
Ordinance not to fix less penalty than statute for same offense -- Prosecution under one a bar.
Section 169
Fiscal year.
Section 170
Last Amended
1998
Property exempt from taxation -- Cities may exempt factories for five years.
Section 171
Last Amended
1915
State tax to be levied -- Taxes to be levied and collected for public purposes only and by general laws, and to be uniform within classes -- Classification of property for taxation -- Bonds exempt -- Referendum on act classifying property.
Section 172
Property to be assessed at fair cash value -- Punishment of assessor for willful error.
Section 172A
Last Amended
1969
Assessment for ad valorem tax purposes of agricultural and horticultural land.
Section 172B
Last Amended
1981
Property assessment or reassessment moratoriums.
Section 173
Officer receiving profit on public funds guilty of felony.
Section 174
Property to be taxed according to value, whether corporate or individual -- Income, license, and franchise taxes.
Section 175
Power to tax property not to be surrendered.
Section 176
Commonwealth not to assume debt of county or city -- Exception.
Section 177
Commonwealth not to lend credit, nor become stockholder in corporation, nor build railroad or highway.
Section 178
Law for borrowing money to specify purpose, for which alone money may be used.
Section 179
Political subdivision not to become stockholder in corporation, or appropriate money or lend credit to any person, except for roads or State Capitol.
Section 180
Last Amended
1996
Act or ordinance levying any tax must specify purpose, for which alone money may be used.
Section 181
Last Amended
1903
General Assembly may not levy tax for political subdivision, but may confer power -- License and excise taxes -- City taxes in lieu of ad valorem taxes.
Section 182
Railroad taxes -- How assessed and collected.
Section 183
General Assembly to provide for school system.
Section 184
Common school fund -- What constitutes -- Use -- Vote on tax for education other than in common schools.
Section 185
Interest on school fund -- Investment.
Section 186
Last Amended
1953
Distribution and use of school fund.
Section 187
Last Amended
1996
Race or color not to affect distribution of school fund.
Section 188
Refund of Federal direct tax part of school fund -- Irredeemable bond.
Section 189
School money not to be used for church, sectarian, or denominational school.
Section 190
Last Amended
2002
Regulation of corporations by General Assembly.
Section 191
Repealed
2002
Unexercised charters granted prior to Constitution revoked.
Section 192
Repealed
2005
Corporations restricted to charter authority -- Holding of real estate limited.
Section 193
Repealed
2002
Stock or bonds to be issued only for money or for property or labor at market value -- Watered stock void.
Section 194
Repealed
2002
Corporations to have place of business and process agent in State.
Section 195
Corporation property subject to eminent domain; corporations not to infringe upon individuals.
Section 196
Regulation of common carriers -- No relief from common-law liability.
Section 197
Free passes or reduced rates to officers forbidden.
Section 198
Repealed
2002
Trusts and combinations in restraint of trade to be prevented.
Section 199
Telegraph and telephone companies -- Right to construct lines -- Exchange of messages.
Section 200
Repealed
2002
Domestic corporation consolidating with foreign does not become foreign.
Section 201
Last Amended
2000
Public utility company not to consolidate with, acquire or operate competing or parallel system -- Common carriers not to share earnings with one not carrying -- Telephone companies excepted under certain conditions.
Section 202
Repealed
2002
Foreign corporations not to be given privileges over domestic.
Section 203
Repealed
2002
Liabilities under corporate franchise not released by lease or alienation.
Section 204
Bank officer liable for receiving deposit for insolvent bank.
Section 205
Forfeiture of corporate charters in case of abuse or detrimental use.
Section 206
Warehouses subject to legislative control -- Inspection -- Protection of patrons.
Section 207
Repealed
2002
Cumulative voting for directors of corporations -- Proxies.
Section 208
Repealed
2002
Corporation' includes joint stock company or association.
Section 209
Repealed
2000
Railroad Commission -- Election, term, and qualifications of Commissioners -- Commissioners' districts -- Powers and duties -- Removal -- Vacancies.
Section 210
Common carrier corporation not to be interested in other business.
Section 211
Foreign railroad corporation may not condemn or acquire real estate.
Section 212
Rolling stock, earnings, and personal property of railroads subject to execution or attachment.
Section 213
Railroad companies to handle traffic with connecting carriers without discrimination.
Section 214
Railroad not to make exclusive or preferential contract.
Section 215
Freight to be handled without discrimination.
Section 216
Railroad must allow tracks of others to cross or unite.
Section 217
Penalties for violating Sections 213, 214, 215, or 216 -- Attorney General to enforce.
Section 218
Last Amended
2000
Long and short hauls.
Section 219
Militia, what to consist of.
Section 220
General Assembly to provide for militia -- Exemptions from service.
Section 221
Government of militia to conform to Army regulations.
Section 222
Officers of militia -- Adjutant General.
Section 223
Safekeeping of public arms, military records, relics, and banners.
Section 224
Bonds -- What officers to give -- Liability on.
Section 225
Armed men not to be brought into State -- Exception.
Section 226
Last Amended
1992
State lottery -- Charitable lotteries and charitable gift enterprises -- Other lotteries and gift enterprises forbidden.
Section 226A
Repealed
1935
Manufacture, sale or transportation of intoxicating liquors prohibited -- Exception -- Legislature to enforce.
Section 227
Last Amended
1919
Prosecution and removal of local officers for misfeasance, malfeasance, or neglect.
Section 228
Oath of officers and attorneys.
Section 229
"Treason" defined -- Evidence necessary to convict.
Section 230
Last Amended
1945
Money not to be drawn from Treasury unless appropriated -- Annual publication of accounts -- Certain revenues usable only for highway purposes.
Section 231
Suits against the Commonwealth.
Section 232
Manner of administering oath.
Section 233
General laws of Virginia in force in this State until repealed.
Section 233A
Last Amended
2004
Valid or recognized marriage -- Legal status of unmarried individuals.
Section 234
Residence and place of office of public officers.
Section 235
Salaries of public officers not to be changed during term -- Deductions for neglect.
Section 236
When officers to enter upon duties.
Section 237
Federal office incompatible with State office.
Section 238
Discharge of sureties on officers' bonds.
Section 239
Disqualification from office for presenting or accepting challenge to duel -- Further punishment.
Section 240
Pardon of person convicted of dueling.
Section 241
Recovery for wrongful death.
Section 242
Just compensation to be made in condemning private property -- Right of appeal -- Jury trial.
Section 243
Child labor.
Section 244
Wage-earners in industry or of corporations to be paid in money.
Section 244A
Old age assistance.
Section 245
Revision of statutes to conform to Constitution.
Section 246
Last Amended
1949
Maximum limit on compensation of public officers.
Section 247
Public printing -- Contract for -- Officers not to have interest in -- Governor to approve.
Section 248
Juries -- Number of jurors -- Three-fourths may indict or give verdict.
Section 249
Employees of General Assembly -- Number and compensation.
Section 250
Arbitration, method for to be provided.
Section 251
Limitation of actions to recover possession of land based on early patents.
Section 252
Houses of reform to be established and maintained.
Section 253
Last Amended
1915
Working of penitentiary prisoners -- When and where permitted.
Section 254
Control and support of convicts -- Leasing of labor.
Section 255
Frankfort is state capital.
Section 255A
Last Amended
2012
Personal right to hunt, fish, and harvest wildlife - Limitations.
Section 256
Last Amended
1979
Amendments to Constitution -- How proposed and voted upon.
Section 257
Publication of proposed amendments.
Section 258
Constitutional Convention -- How proposed, voted upon, and called.
Section 259
Number and qualifications of delegates.
Section 260
Election of delegates -- meeting.
Section 261
Certification of election and compensation of delegates.
Section 262
Determination of election and qualifications of delegates -- Contests.
Section 263
Notice of election on question of calling convention.
That no inconvenience may arise from the alterations and amendments made in this Constitution, and in order to carry the same into complete operation, it is hereby declared and ordained:
First: That all laws of this Commonwealth in force at the time of the adoption of this Constitution, not inconsistent therewith, shall remain in full force until altered or repealed by the General Assembly; and all rights, actions, prosecutions, claims and contracts of the State, counties, individuals or bodies corporate, not inconsistent therewith, shall continue as valid as if this Constitution had not been adopted. The provisions of all laws which are inconsistent with this Constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions as require legislation to enforce them shall remain in force until such legislation is had, but not longer than six years after the adoption of this Constitution, unless sooner amended or repealed by the General Assembly.
Second: That all recognizances, obligations and all other instruments entered into or executed before the adoption of this Constitution, to the State, or to any city, town, county or subdivision thereof, and all fines, taxes, penalties and forfeitures due or owing to this State, or to any city, town, county or subdivision thereof; and all writs, prosecutions, actions and causes of action, except as otherwise herein provided, shall continue and remain unaffected by the adoption of this Constitution. And all indictments which shall have been found, or may hereafter be found, for any crime or offense committed before this Constitution takes effect, may be prosecuted as if no change had taken place, except as otherwise provided in this Constitution.
Third: All Circuit, Chancery, Criminal, Law and Equity, Law, and Common Pleas Courts, as now constituted and organized by law, shall continue with their respective jurisdictions until the Judges of the Circuit Courts provided for in this Constitution shall have been elected and qualified, and shall then cease and determine; and the causes, actions and proceedings then pending in said first named courts, which are discontinued by this Constitution, shall be transferred to, and tried by, the Circuit Courts in the counties, respectively, in which said causes, actions and proceedings are pending.
Fourth: The Treasurer, Attorney-General, Auditor of Public Accounts, Superintendent of Public Instruction, and Register of the Land Office, elected in eighteen hundred and ninety-one, shall hold their offices until the first Monday in January, eighteen hundred and ninety-six, and until the election and qualification of their successors. The Governor and Lieutenant Governor elected in eighteen hundred and ninety-one shall hold their offices until the sixth Tuesday after the first Monday in November, eighteen hundred and ninety-five, and until their successors are elected and qualified. The Governor and Treasurer elected in eighteen hundred and ninety-one shall be ineligible to the succeeding term. The Governor elected in eighteen hundred and ninety-one may appoint a Secretary of State and a Commissioner of Agriculture, Labor and Statistics, as now provided, who shall hold their offices until their successors are
elected and qualified, unless sooner removed by the Governor. The official bond of the present Treasurer shall be renewed at the expiration of two years from the time of his qualification.
Fifth: All officers who may be in office at the adoption of this Constitution, or who may be elected before the election of their successors, as provided in this Constitution, shall hold their respective offices until their successors are elected or appointed and qualified as provided in this Constitution.
Sixth: The Quarterly Courts created by this Constitution shall be the successors of the present statutory Quarterly Courts in the several counties of this State; and all suits, proceedings, prosecutions, records and judgments now pending or being in said last named courts shall, after the adoption of this Constitution, be transferred to the Quarterly Courts created by this Constitution, and shall proceed as though the same had been therein instituted.
We, the representatives of the people of Kentucky, in Convention assembled, in their name and by their authority and in virtue of the power vested in us as Delegates from the counties and districts respectively affixed to our names, do ordain and proclaim the foregoing to be the Constitution of the Commonwealth of Kentucky from and after this date.
Done at Frankfort this twenty-eighth day of September, in the year of our Lord one thousand eight hundred and ninety-one, and in the one hundredth year of the Commonwealth.