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§ 5. Governor's duties for legislature; messages; special sessions; adjournment. The governor may, on extraordinary occasions, call the legislature into special session by proclamation; and shall call the legislature into special session, upon petition signed by at least two-thirds of the members elected to each house. At every session of the legislature the governor shall communicate in writing information in reference to the condition of the state, and recommend such measures as he deems expedient. In case of disagreement between the two houses in respect of the time of adjournment, the governor may adjourn the legislature to such time as he deems proper, not beyond its next regular session.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

Revisor's Note:

Prior to 1972 revision, provision for adjournment in case of disagreement between houses appeared in § 6 of this article.

Cross References to Related Sections:

Adjournment for more than two days; consent of other house required, see Kansas Constitution Article 2, § 8.

Legislative petition for special session, see 46-1401 et seq.

Messages and reports to Legislature, see 75-102, 75-3721.

Record of petitions for special sessions maintained, see 75-104.

Attorney General's Opinions:

There is no limitation on subject matter to be dealt with at special session. 87-92.

CASE ANNOTATIONS

1. Governor must necessarily decide which body constitutes house. (Dissenting opinion.) In re Gunn, Petitioner, 50 Kan. 155, 250, 32 P. 470.

2. Legislation demanded respecting freight rates, authorized governor to convene Legislature. Farrelly v. Cole, 60 Kan. 356, 362, 366, 370, 56 P. 492.

3. Mentioned; Legislature at budget session has no power to appoint interim investigating committee. State, ex rel., v. Anderson, 180 Kan. 120, 123, 126, 299 P.2d 1078.

4. Finance council and emergency fund laws (K.S.A. 75-3708 through 75-3714) not encroachment on power of executive. State, ex rel., v. Fadely, 180 Kan. 652, 667, 676, 686, 696, 308 P.2d 537.

5. Governor may call special session so Legislature can lawfully apportion legislative districts. Harris v. Shanahan, 192 Kan. 183, 213, 387 P.2d 771.

6. Mentioned in holding 1968 reapportionment of senate unconstitutional. Long v. Docking, 283 F. Supp. 539, 543.