State constitution
Constitution of Kentucky
Data from Kentucky Legislature (LRC)
Kentucky's constitution has no numbered articles; its sections (1-263) are grouped under subject-matter division headings, each shown here as an entry (num = section range). Section text is a condensed rendering of the official catchlines; repealed sections are marked. Read the verbatim text at the source link.
Article Pr. Preamble
§ — Preamble
The people of the Commonwealth of Kentucky, grateful to Almighty God for civil, political, and religious liberties, and invoking the continuance of these blessings, do ordain and establish this Constitution.
Article 1-26 Bill of Rights
§ 1 Inherent and inalienable rights
All people have inherent and inalienable rights, including life and liberty, worshipping God, seeking safety and happiness, free speech, acquiring and protecting property, peaceable assembly and petition, and bearing arms.
§ 2 Absolute and arbitrary power denied
Absolute and arbitrary power over the lives, liberty, and property of free men exists nowhere in a republic, not even in the largest majority.
§ 3 Equality; no exclusive grants
All men are equal and no exclusive privilege is granted except in consideration of public services; property shall not be exempted from taxation, and grants of privilege are revocable.
§ 4 Power inherent in the people
All power is inherent in the people, who have the right to alter, reform, or abolish their government as they think proper.
§ 5 Religious freedom
No one may be compelled to attend or support any place of worship or ministry against consent, nor be preferred or disqualified for religious beliefs; civil rights do not depend on religious opinions.
§ 6 Free and equal elections
All elections shall be free and equal.
§ 7 Trial by jury
The ancient mode of trial by jury shall be held sacred and the right thereof remain inviolate, subject to the power to authorize less-than-unanimous civil verdicts.
§ 8 Freedom of speech and of the press
Printing presses are free, and every person may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.
§ 9 Truth in libel; jury tries law and facts
In prosecutions for publishing matters proper for public information, truth may be given in evidence, and the jury tries both the law and the facts.
§ 10 Security from search and seizure
The people are secure from unreasonable search and seizure; no warrant issues without probable cause supported by oath describing the place and things.
§ 11 Rights of the accused; change of venue
The accused has the right to be heard by counsel, to know the accusation, to confront witnesses, to compulsory process, and to a speedy public trial by an impartial jury, with venue changed only as the General Assembly provides.
§ 12 Indictment required
No person shall be prosecuted for a felony except on indictment by a grand jury, with stated exceptions.
§ 13 Double jeopardy; taking of property
No person shall be twice put in jeopardy for the same offense, nor have property taken for public use without just compensation.
§ 14 Open courts; remedy for injury
All courts shall be open, and every person shall have a remedy by due course of law, administered without sale, denial, or delay.
§ 15 Suspension of laws
No power to suspend laws shall be exercised except by the General Assembly.
§ 16 Right to bail; habeas corpus
All prisoners are bailable except for capital offenses where proof is evident, and the writ of habeas corpus shall not be suspended except in rebellion or invasion.
§ 17 Excessive bail, fines, cruel punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment inflicted.
§ 18 Imprisonment for debt restricted
The person of a debtor shall not be imprisoned after delivering up his estate for the benefit of creditors, except in cases of fraud.
§ 19 Ex post facto and contract-impairment laws forbidden
No ex post facto law nor any law impairing the obligation of contracts shall be enacted, with stated rules of construction for coal-mining mineral deeds.
§ 20 Attainder
No attainder shall work corruption of blood, nor (except during the offender's life) forfeiture of estate to the Commonwealth.
§ 21 Descent in case of suicide or casualty
The estate of a person committing suicide descends as in natural death, and no forfeiture follows a death by casualty.
§ 22 Standing armies; military subordinate
Standing armies in peacetime are restricted, the military is subordinate to the civil power, and soldiers are not quartered without consent.
§ 23 No nobility or hereditary distinction
No grant of office of nobility or hereditary distinction, nor of any office beyond a term of years, shall be made.
§ 24 Emigration to be free
Emigration from the State shall not be prohibited.
§ 25 Slavery forbidden
Slavery and involuntary servitude, except as punishment for crime, are forbidden.
§ 26 Bill of Rights supreme
Everything in this Bill of Rights is excepted out of the general powers of government, and laws contrary to it are void.
Article 26A Rights of Victims of Crime
§ 26A Rights of victims of crime
Victims of crime have enumerated rights, including to be treated with dignity, to reasonable notice of proceedings, to be heard, and to restitution, enforceable as provided by law.
Article 27-28 Distribution of the Powers of Government
§ 27 Powers divided
The powers of government are divided among three distinct departments: legislative, executive, and judicial.
§ 28 Departments kept separate
No person or collection of persons of one department shall exercise any power belonging to another, except as expressly permitted.
Article 29-62 The Legislative Department
§ 29 Legislative power vested
The legislative power is vested in a General Assembly consisting of a House of Representatives and a Senate.
§ 30 Terms of members
Senators serve four years and Representatives two years.
§ 31 Time of election and terms
Members are elected at the regular election, and their terms begin as prescribed.
§ 32 Qualifications of members
A Representative must be at least 24 and a Senator at least 30, a State citizen, and a resident of the district as required.
§ 33 Senatorial and Representative districts
The State is divided into 38 senatorial and 100 representative districts, as nearly equal in population as practicable and reapportioned after each census.
§ 34 Officers of the Houses
Each house chooses its own officers.
§ 35 Number of members
The Senate consists of 38 members and the House of 100 members.
§ 36 Meetings of the General Assembly
The General Assembly meets at the seat of government in regular session at the times fixed by the Constitution.
§ 37 Quorum
A majority of each house constitutes a quorum, but a smaller number may adjourn and compel attendance.
§ 38 Judge of elections and qualifications
Each house judges the qualifications, elections, and returns of its members and determines contests.
§ 39 Rules; discipline; contempt
Each house determines its rules, punishes members for disorderly conduct, expels by a two-thirds vote, and punishes contempt and bribery.
§ 40 Journals; recording of votes
Each house keeps and publishes a journal, entering the yeas and nays when required.
§ 41 Adjournment
Neither house may adjourn for more than three days without the other's consent.
§ 42 Compensation; length of sessions
Members receive compensation fixed by law, and the length of regular and special sessions is limited.
§ 43 Privileges of members
Members are privileged from arrest during sessions except for serious crimes and are not questioned elsewhere for speech in debate.
§ 44 Ineligibility to created offices
No member may, during his term, be appointed to a civil office created or whose compensation was increased during that term.
§ 45 Collector of public money ineligible
No collector of public money is eligible to the General Assembly until he has settled his accounts (received a quietus).
§ 46 Passage of bills
Bills must be reported by committee, printed, and read, and receive the required votes; appropriations and certain measures require a majority of all members elected.
§ 47 Revenue bills originate in House
Bills to raise revenue shall originate in the House of Representatives, which the Senate may amend.
§ 48 Sinking Fund preserved
The resources of the Sinking Fund shall not be diminished and the fund shall be preserved.
§ 49 Power to contract debt; limit
The General Assembly may contract debt only up to a stated small limit without a vote of the people.
§ 50 Purposes of debt; tax; public vote
Debt beyond the limit may be contracted only for stated purposes, with a tax to discharge it and approval by the voters.
§ 51 One-subject rule; title
No law shall relate to more than one subject, which shall be expressed in its title, and amendments must re-enact the provision at length.
§ 52 No release of debts owed the State
The General Assembly may not release or extinguish any debt or liability owed to the Commonwealth, county, or municipality.
§ 53 Investigation of Treasurer and Auditor
The General Assembly provides for the investigation and reporting of the accounts of the Treasurer and Auditor.
§ 54 No restriction on injury recovery
The General Assembly shall have no power to limit the amount recoverable for injuries to person or property or for wrongful death.
§ 55 Effective date of laws; emergencies
Laws take effect 90 days after the session's adjournment unless declared an emergency measure.
§ 56 Signing and presentation of bills
The presiding officers sign enrolled bills, which are then presented to the Governor.
§ 57 Members' conflict of interest
A member with a personal interest in a measure must disclose it and shall not vote.
§ 58 No audit or allowance of private claims
The General Assembly shall not audit or allow any private claim except for stated purposes, and appropriations must be made by law.
§ 59 Local and special legislation prohibited
The General Assembly shall not pass local or special acts in enumerated cases where a general law can be made applicable.
§ 60 No special powers; no delegated approval
A general law shall not be made special by amendment, no special privileges may be granted, and a law shall not take effect on the approval of any authority other than the General Assembly, with exceptions.
§ 61 Local option on liquor
The General Assembly shall provide for local-option elections on the sale of liquor.
§ 62 Style of laws
The style of laws is: 'Be it enacted by the General Assembly of the Commonwealth of Kentucky.'
Article 63-65 Counties and County Seats
§ 63 Area and boundaries of counties
New counties may be created or abolished only within stated area, boundary, and population limits.
§ 64 Division of county; removal of county seat
A county may not be divided nor its county seat removed without a vote of the affected people, subject to minimum-population limits.
§ 65 Striking territory from a county
Territory stricken from a county remains liable for its proportion of the county's existing indebtedness.
Article 66-68 Impeachments
§ 66 Power of impeachment
The House of Representatives has the sole power of impeachment.
§ 67 Trial by Senate
Impeachments are tried by the Senate, with members on oath and conviction requiring the concurrence of designated members.
§ 68 Officers liable; judgment
The Governor and civil officers are liable to impeachment, with judgment limited to removal and disqualification but leaving the party subject to criminal prosecution.
Article 69-108 The Executive Department
§ 69 Executive power vested in Governor
The supreme executive power is vested in the Governor.
§ 70 Election of Governor and Lieutenant Governor
The Governor and Lieutenant Governor are elected jointly for four-year terms, with ties resolved by the General Assembly.
§ 71 Gubernatorial succession
The Governor may serve consecutive terms as limited, and the order of succession is prescribed.
§ 72 Qualifications; duties of Lieutenant Governor
The Governor and Lieutenant Governor must be at least 30, a citizen, and a State resident for six years; the Lieutenant Governor performs the duties assigned by law.
§ 73 When terms begin
The terms of the Governor and Lieutenant Governor begin on the fifth Tuesday after their election.
§ 74 Compensation
The Governor and Lieutenant Governor receive compensation fixed by law, not changed during the term.
§ 75 Commander-in-chief
The Governor is commander-in-chief of the army, navy, and militia, except when called into federal service.
§ 76 Power to fill vacancies
The Governor fills vacancies in offices by appointment as provided by the Constitution.
§ 77 Reprieves and pardons
The Governor may remit fines and forfeitures and grant reprieves and pardons (except in impeachment), but may not remit fees due officers.
§ 78 Information from state officers
The Governor may require written information from executive officers on any subject relating to their duties.
§ 79 Reports and recommendations
The Governor reports to the General Assembly on the condition of the Commonwealth and recommends measures.
§ 80 Convening and adjourning the Assembly
The Governor may call the General Assembly into extraordinary session and adjourn it in case of disagreement.
§ 81 Enforcement of laws
The Governor shall take care that the laws are faithfully executed.
§ 82 Succession of Lieutenant Governor
The Lieutenant Governor succeeds to the office of Governor on a vacancy.
§ 83 Repealed
Repealed in 1992.
§ 84 When Lieutenant Governor acts as Governor
The Lieutenant Governor acts as Governor during the Governor's disability, with procedures for certifying disability.
§ 85 President of the Senate
The Senate elects a President with prescribed powers.
§ 86 Compensation of President of the Senate
The President of the Senate receives compensation as provided when acting in an executive capacity.
§ 87 Who acts as Governor otherwise
In the absence of the Lieutenant Governor and Senate President, succession passes as prescribed.
§ 88 Governor's veto power
Bills are presented to the Governor, who may sign, veto, or line-item veto appropriations; the General Assembly may override by a majority of all members elected.
§ 89 Orders and resolutions
Concurrent orders and resolutions requiring both houses (except adjournment) are presented to the Governor as bills.
§ 90 Contest of election for Governor
Contested elections for Governor or Lieutenant Governor are determined as provided by law.
§ 91 Constitutional State officers
The Treasurer, Auditor, Secretary of State, Commissioner of Agriculture, and Attorney General are elected for four-year terms with prescribed duties.
§ 92 Qualifications of Attorney General
The Attorney General must have the qualifications prescribed, including being a licensed attorney.
§ 93 Succession and duties of State officers
Provides for the duties and succession of the elected constitutional State officers and inferior officers.
§ 94 Repealed
Repealed in 1992.
§ 95 Time of election of State officers
The elected constitutional State officers are chosen at the times prescribed.
§ 96 Compensation of State officers
The constitutional State officers receive compensation fixed by law, not changed during the term.
§ 97 Commonwealth's Attorney; Circuit Clerk
A Commonwealth's Attorney and a Circuit Court Clerk are elected in each district or county for prescribed terms.
§ 98 Compensation of Commonwealth's Attorney
The Commonwealth's Attorney receives the compensation provided by law.
§ 99 County officers
County officers, justices of the peace, and constables are elected for four-year terms.
§ 100 Qualifications of county officers
County and district officers must meet the prescribed age, citizenship, and residence qualifications.
§ 101 Constables
Constables have the qualifications and jurisdiction prescribed by law.
§ 102 Officers for new counties
Officers for newly created counties are provided for as prescribed.
§ 103 Bonds of county officers
County and other officers give bond as required by law.
§ 104 Office of assessor
The office of assessor (property valuation administrator) is provided for, and the officer may not immediately succeed himself as limited.
§ 105 Consolidation of sheriff and jailer
The offices of sheriff and jailer may be consolidated as provided.
§ 106 Fees of county officers
The fees and compensation of county officers are regulated, with special provisions for populous counties.
§ 107 Additional county offices
The General Assembly may create additional county or district offices.
§ 108 Abolishment of Commonwealth's Attorney
The office of Commonwealth's Attorney may be abolished as provided.
Article 109-139 The Judicial Department
§ 109 Judicial power; unified system
The judicial power is vested in a unified Court of Justice comprising the Supreme Court, Court of Appeals, Circuit Court, and District Court.
§ 110 Supreme Court
The Supreme Court consists of seven justices from seven districts, is the court of last resort, and its Chief Justice is the executive head of the Court of Justice.
§ 111 Court of Appeals
The Court of Appeals is the intermediate appellate court, sitting in panels, with jurisdiction and administration as provided.
§ 112 Circuit Court
The Circuit Court is the court of general jurisdiction, organized into judicial circuits.
§ 113 District Court
The District Court is the court of limited jurisdiction, organized into judicial districts, and may use trial commissioners.
§ 114 Clerks of courts
Clerks of the appellate courts are selected and removable as provided.
§ 115 Right of appeal
There is a right of at least one appeal in all cases, as regulated by the rules of procedure.
§ 116 Rule-making power
The Supreme Court prescribes rules governing jurisdiction, personnel, procedure, and bar admission.
§ 117 Election of judges
Justices and judges are elected by the voters of their districts on a nonpartisan basis.
§ 118 Vacancies
Judicial vacancies are filled by gubernatorial appointment from a nominated list until the next election.
§ 119 Terms of office
Supreme Court and Court of Appeals judges serve eight years, Circuit judges eight years, and District judges four years.
§ 120 Compensation and expenses
Judicial compensation is fixed by law and not diminished during a term.
§ 121 Retirement and removal
A Judicial Conduct Commission may retire, suspend, or remove judges for disability or misconduct.
§ 122 Eligibility
Judges must have been licensed to practice law for the required period and reside in their district.
§ 123 Prohibited activities
Judges may not hold other public office or engage in prohibited political or business activities.
§ 124 Conflicting provisions
Provisions of this Constitution in conflict with the Judicial Article are superseded to the extent of the conflict.
§ 125 Repealed
Repealed in 1975 (former judiciary provisions replaced by the unified court system).
§ 126 Repealed
Repealed in 1975.
§ 127 Repealed
Repealed in 1975.
§ 128 Repealed
Repealed in 1975.
§ 129 Repealed
Repealed in 1975.
§ 130 Repealed
Repealed in 1975.
§ 131 Repealed
Repealed in 1975.
§ 132 Repealed
Repealed in 1975.
§ 133 Repealed
Repealed in 1975.
§ 134 Repealed
Repealed in 1975.
§ 135 Repealed
Repealed in 1975.
§ 136 Repealed
Repealed in 1975.
§ 137 Repealed
Repealed in 1975.
§ 138 Repealed
Repealed in 1975.
§ 139 Repealed
Repealed in 1975.
Article 140-141 County Courts
§ 140 County Court
A County Court (now the office of County Judge/Executive) is provided for each county, with duties, compensation, and removal as prescribed.
§ 141 Repealed
Repealed in 1975.
Article 142-143 Justices of the Peace
§ 142 Justices of the peace
Justices' districts are provided, with one justice for each district and prescribed jurisdiction, commissions, and removal.
§ 143 Repealed
Repealed in 1975.
Article 144 Fiscal Courts
§ 144 Fiscal Court
Each county has a Fiscal Court consisting of the justices of the peace (or commissioners) and the County Judge, with a prescribed quorum.
Article 145-155 Suffrage and Elections
§ 145 Persons entitled to vote
Every U.S. citizen 18 or older who meets residence requirements is entitled to vote, subject to disqualification for conviction of certain crimes or mental incompetency.
§ 146 Soldiers and sailors
Members of the armed forces stationed in the State do not thereby acquire residence for voting.
§ 147 Registration and manner of voting
The General Assembly provides for voter registration, secret voting, absentee voting, voting machines, and assistance to illiterate or disabled voters.
§ 148 Number and time of elections
The number, day, and hours of elections and qualifications of election officers are fixed, and employees are given time to vote.
§ 149 Privilege from arrest during voting
Voters are privileged from arrest while attending, going to, or returning from elections, except for serious crimes.
§ 150 Disqualification for corrupt election practices
Using money or property to influence an election, or conviction of a felony or high misdemeanor, disqualifies a person from office.
§ 151 Deprivation of office for election fraud
The General Assembly shall provide by statute for depriving of office any person guilty of fraud, intimidation, bribery, or corrupt practice.
§ 152 Filling vacancies
Vacancies in office are filled by appointment or election as prescribed, depending on the office and unexpired term.
§ 153 Power over elections
The General Assembly has power to regulate elections, subject to the Constitution.
§ 154 Liquor on election days
The General Assembly may regulate the sale or gift of liquor on election days.
§ 155 School and certain elections excepted
The suffrage sections do not govern school elections or elections on particular questions as provided.
Article 156-168 Municipalities
§ 156 Repealed
Repealed in 1994 (former classification of cities).
§ 156A Creation and classification of cities
The General Assembly is authorized to provide for the creation, governmental structure, and classification of cities.
§ 156B Municipal home rule
The General Assembly is authorized to permit cities to exercise home rule.
§ 157 Maximum tax rates
Maximum ad valorem tax rates for cities, counties, and taxing districts are fixed, and no such subdivision may incur indebtedness beyond its annual income without voter approval.
§ 157A County road indebtedness
The Commonwealth's credit may be loaned to counties for roads, and counties may vote to incur road indebtedness and levy an additional tax.
§ 157B Balanced local budgets
Cities, counties, and taxing districts must adopt a budget, and expenditures may not exceed revenues for the fiscal year.
§ 158 Maximum local indebtedness
Cities, counties, and taxing districts are limited in the indebtedness they may incur, measured against assessed value.
§ 159 Tax to pay indebtedness
Any subdivision incurring indebtedness must provide a tax to pay it within not more than 40 years.
§ 160 Municipal officers
The election, terms, and eligibility of municipal officers, including fiscal officers, are prescribed.
§ 161 Compensation not changed during term
The compensation of a city, county, or municipal officer shall not be changed after election or during the term, nor the term extended.
§ 162 Unauthorized contracts void
No city, county, or municipality shall be bound by a contract made without authority of law.
§ 163 Public utility franchises
A public utility must obtain a franchise from the local government to use the streets and public ways.
§ 164 Term of franchises; bidding
Franchises are limited to twenty years and must be granted after advertisement and to the highest bidder.
§ 165 Incompatible offices
No person shall hold at the same time incompatible State, county, or municipal offices or employments.
§ 166 Existing city charters
City charters and ordinances in force at adoption continue until superseded.
§ 167 Time of election of city officers
City, urban-county, and town officers are elected at the times prescribed.
§ 168 Local penalties
No municipal ordinance shall fix a penalty less than that fixed by statute for the same offense, and prosecution under one bars the other.
Article 169-182 Revenue and Taxation
§ 169 Fiscal year
The fiscal year is established as provided by law.
§ 170 Property exempt from taxation
Enumerated property (public, religious, charitable, educational, and household goods) is exempt, and cities may grant limited factory exemptions.
§ 171 Uniform taxation; classification
Taxes are levied and collected for public purposes only, by general laws, and uniformly within classes, with property classified as provided.
§ 172 Assessment at fair cash value
All property is assessed at its fair cash value, and an assessor is punished for willful undervaluation.
§ 172A Agricultural land assessment
Agricultural and horticultural land may be assessed for ad valorem tax on the basis of its use.
§ 172B Assessment moratoriums
The General Assembly may authorize property assessment or reassessment moratoriums to encourage restoration and improvement.
§ 173 Profit on public funds
An officer who makes a profit out of public money is guilty of a felony.
§ 174 Property taxed according to value
All property is taxed in proportion to its value unless exempted, and income, license, and franchise taxes may be levied.
§ 175 Power to tax not surrendered
The power to tax property shall not be surrendered or suspended by any contract or grant.
§ 176 Commonwealth not to assume local debt
The Commonwealth shall not assume the debt of any county or city except in specified emergencies.
§ 177 No lending of State credit
The Commonwealth's credit shall not be given or loaned, nor shall it become a stockholder in or build works of internal improvement.
§ 178 Borrowing to specify purpose
A law authorizing borrowing must specify the purpose, for which alone the money may be used.
§ 179 Local subdivisions not to lend credit
No political subdivision shall become a stockholder in a corporation or lend its credit, except for roads or the State Capitol.
§ 180 Tax to specify purpose
Every act or ordinance levying a tax must specify its purpose, for which alone the money may be used.
§ 181 License and excise taxes
The General Assembly may not levy a tax for a subdivision but may confer the power, and may authorize license and excise taxes and city taxes in lieu of ad valorem taxes.
§ 182 Railroad taxes
Railroad property is assessed and taxed as provided by law.
Article 183-189 Education
§ 183 Efficient school system
The General Assembly shall provide for an efficient system of common schools throughout the State.
§ 184 Common school fund
The common school fund is defined and dedicated to the common schools, and no tax for education other than common schools is raised without a vote.
§ 185 Interest and investment of school fund
The interest and dividends of the school fund, with any special tax, are appropriated to the common schools.
§ 186 Distribution of school fund
The school fund is distributed among the districts as the General Assembly provides.
§ 187 No racial distinction in fund
No distinction on account of race or color shall be made in the distribution of the school fund.
§ 188 Federal direct tax refund
The refund of the Federal direct tax is part of the school fund and held as an irredeemable bond.
§ 189 No school money for sectarian schools
No portion of any fund raised for education shall be used for any church, sectarian, or denominational school.
Article 190-208 Corporations
§ 190 Regulation of corporations
The General Assembly regulates corporations, which are formed under general laws.
§ 191 Repealed
Repealed in 2002.
§ 192 Repealed
Repealed in 2002.
§ 193 Repealed
Repealed in 2002.
§ 194 Repealed
Repealed in 2002.
§ 195 Corporate property and eminent domain
Corporate property is subject to eminent domain, and corporations may not infringe on individual rights.
§ 196 Regulation of common carriers
Common carriers are regulated and not relieved from their common-law liability.
§ 197 Free passes forbidden
Free passes or reduced rates to public officers by common carriers are forbidden.
§ 198 Repealed
Repealed in 2002.
§ 199 Telegraph and telephone companies
Telegraph and telephone companies may construct lines and must exchange messages without discrimination.
§ 200 Repealed
Repealed in 2002.
§ 201 No consolidation of competing utilities
A public utility may not consolidate with or operate a competing or parallel system, with a limited telephone-company exception.
§ 202 Repealed
Repealed in 2002.
§ 203 Repealed
Repealed in 2002.
§ 204 Bank officers and insolvent deposits
A bank officer who receives a deposit knowing the bank is insolvent is personally liable.
§ 205 Forfeiture of corporate charters
A corporate charter may be forfeited for abuse or misuse detrimental to the public.
§ 206 Warehouses
Warehouses are subject to legislative control, inspection, and regulation to protect patrons.
§ 207 Repealed
Repealed in 2002.
§ 208 Repealed
Repealed in 2002.
Article 209-218 Railroads and Commerce
§ 209 Repealed
Repealed in 2000.
§ 210 Common carrier not to have outside interest
A common carrier corporation shall not be interested in producing or dealing in articles it transports, with exceptions.
§ 211 Foreign railroad and eminent domain
A foreign railroad corporation may not condemn or acquire real estate in the State except as provided.
§ 212 Railroad property subject to execution
The rolling stock, earnings, and personal property of railroads are subject to execution and attachment as other property.
§ 213 Traffic with connecting carriers
Railroad companies shall handle traffic with connecting carriers without discrimination.
§ 214 No exclusive contracts
A railroad shall not make an exclusive or preferential contract for handling traffic.
§ 215 No discrimination in freight
Freight shall be handled without discrimination among shippers.
§ 216 Crossing and connection of tracks
A railroad must allow the tracks of other railroads to cross or connect with its own.
§ 217 Enforcement
The Attorney General enforces penalties for violations of the railroad anti-discrimination sections.
§ 218 Long and short hauls
A railroad shall not charge more for a shorter than for a longer haul over the same line in the same direction.
Article 219-223 The Militia
§ 219 Composition of the militia
The militia consists of all able-bodied male residents between the ages fixed by law, with stated exemptions.
§ 220 Provision for the militia
The General Assembly provides for organizing, arming, and disciplining the militia and for exemptions from service.
§ 221 Conformity to Army regulations
The government of the militia conforms to the regulations governing the United States Army.
§ 222 Officers; Adjutant General
Militia officers are commissioned as provided, and the Adjutant General is appointed by the Governor.
§ 223 Safekeeping of arms and records
Provision is made for the safekeeping of public arms, military records, relics, and banners.
Article 224-255A General Provisions
§ 224 Official bonds
Officers give bond as required, and sureties are liable as provided.
§ 225 Armed men not brought into State
No armed men shall be brought into the State except in specified circumstances.
§ 226 Lotteries and charitable gaming
A state lottery and charitable lotteries and gift enterprises are permitted, but other lotteries and gift enterprises are forbidden.
§ 227 Removal of local officers
Local officers may be prosecuted and removed for misfeasance, malfeasance, or neglect of duty.
§ 228 Oath of officers and attorneys
Officers and attorneys take a prescribed oath to support the U.S. and State Constitutions and faithfully discharge their duties.
§ 229 Treason defined
Treason consists only in levying war against the State or adhering to its enemies, and requires two witnesses or confession in open court to convict.
§ 230 Money drawn only on appropriation
No money is drawn from the Treasury except by appropriation, accounts are published annually, and certain motor-fuel revenues are used only for highway purposes.
§ 231 Suits against the Commonwealth
The General Assembly may direct the manner and courts in which suits may be brought against the Commonwealth.
§ 232 Manner of administering oath
Oaths are administered in the manner most binding on the conscience of the person taking them.
§ 233 Virginia laws continued
The general laws of Virginia in force at separation remain in force until altered or repealed.
§ 233A Defense of marriage
Only a marriage between one man and one woman is valid or recognized (superseded by federal constitutional law but text retained).
§ 234 Residence of public officers
Public officers must reside and keep their offices as prescribed.
§ 235 Salaries not changed during term
The salaries of public officers shall not be changed during their terms, with deductions allowed for neglect of duty.
§ 236 When officers enter duties
Officers enter upon their duties at the times prescribed.
§ 237 Federal office incompatible
A federal office of profit is incompatible with a State office of profit.
§ 238 Discharge of sureties
Sureties on official bonds may be discharged as provided by law.
§ 239 Dueling disqualification
A person who fights, gives, or accepts a challenge to a duel is disqualified from office and subject to further punishment.
§ 240 Pardon for dueling
The Governor may pardon a person convicted of dueling, restoring civil rights as provided.
§ 241 Recovery for wrongful death
The General Assembly shall provide for recovery of damages for death caused by wrongful act or negligence.
§ 242 Just compensation in condemnation
Just compensation must be made for private property taken or injured, with a right of appeal and jury trial.
§ 243 Child labor
The General Assembly may prohibit and regulate the employment of children.
§ 244 Wages paid in money
Wage-earners in industry or of corporations shall be paid in lawful money.
§ 244A Old age assistance
The General Assembly may provide for assistance to the aged and needy.
§ 245 Revision of statutes
Provision is made for revising the statutes to conform to the Constitution.
§ 246 Maximum compensation of officers
A maximum limit on the compensation of public officers is set, adjusted for cost of living as provided.
§ 247 Public printing
Public printing is let by contract, officers may not be interested, and the Governor approves.
§ 248 Juries
The number of jurors and the vote required to indict or reach a verdict are fixed, with three-fourths sufficient in civil cases.
§ 249 Legislative employees
The number and compensation of employees of the General Assembly are limited.
§ 250 Arbitration
The General Assembly shall provide a method of arbitration for the settlement of disputes.
§ 251 Land title limitation
Actions to recover land based on early patents are limited as provided.
§ 252 Houses of reform
Houses of reform shall be established and maintained for juvenile offenders.
§ 253 Prison labor
The working of penitentiary prisoners is permitted only when and where the Constitution allows.
§ 254 Control and support of convicts
The State controls and supports convicts, and the leasing of convict labor is restricted.
§ 255 State capital
Frankfort is the seat of government of the Commonwealth.
§ 255A Right to hunt, fish, and harvest wildlife
The people have a personal right to hunt, fish, and harvest wildlife, subject to reasonable regulation.
Article 256-263 Mode of Revision
§ 256 Amendments
Amendments may be proposed in either house, and if agreed to by three-fifths of all members elected in each house, are submitted to the voters.
§ 257 Publication of amendments
Proposed amendments are published before being submitted to the voters.
§ 258 Constitutional convention
A constitutional convention may be called if approved by the General Assembly and a majority of voters.
§ 259 Delegates
The number and qualifications of convention delegates are prescribed.
§ 260 Election of delegates
Delegates are elected and the convention meets as prescribed.
§ 261 Certification and compensation
The election and compensation of delegates are certified and fixed.
§ 262 Contests of delegate elections
The convention determines the election and qualifications of its delegates and decides contests.
§ 263 Notice of convention election
Notice of the election on the question of calling a convention is given as prescribed.
Article Sch. Schedule and Ordinance
§ — Schedule and Ordinance
Transitional provisions carrying the 1891 Constitution into effect — continuing existing laws, officers, and pending matters until superseded. Largely spent.
Full, verbatim text at Kentucky Legislature (LRC)