When did Arkansas laws passed in 2013 take effect if they had no emergency clause or stated effective date?
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This page answers the general question as of 2013. Ask about yours and see what current Arkansas law means for your facts, with citations you can check.
Plain-English summary
Arkansas Secretary of State Mark Martin asked when acts passed during the Eighty-Ninth General Assembly would take effect if they contained neither an emergency clause nor a specific effective date. Attorney General Dustin McDaniel answered August 16, 2013.
The General Assembly had adjourned on May 17, 2013. Under Amendment 7 to the Arkansas Constitution, the public had 90 days after final adjournment to file referendum petitions. The day of adjournment did not count because it was not a full petition-filing day. Counting 90 full days beginning May 18 made the acts effective on the 91st day, August 16.
Currency note
This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Who this opinion addressed in 2013
State agencies and regulated parties
For acts from that session without their own effective-date language, the opinion identified August 16, 2013, as the point when the new law became operative.
Election officials and referendum sponsors
The calculation preserved the full 90-day period that Amendment 7 allowed for referendum petitions. The partial day on which the legislature adjourned was excluded.
Common questions
Q: Did the opinion apply to an act with its own effective date? A: No. It addressed only 2013 acts that lacked both an emergency clause and a specified effective date.
Q: Why was May 17 not counted as the first day? A: The AG said the adjournment day was not a full day during which referendum petitions could be filed.
Q: Did the acts take effect on the 90th counted day? A: No. After 90 full days had passed, the acts became effective on the 91st day, August 16, 2013.
Background and legal framework
Amendment 7 to the Arkansas Constitution gave the people 90 days after final adjournment to file referendum petitions. The opinion relied on Fulkerson v. Refunding Board for the rule that legislation without an emergency clause or stated date became effective after that period.
Citations and references
Constitutional provision:
- Amendment 7 to the Constitution of Arkansas
Case:
- Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980 (1941)
Source
Original opinion text
STATE OF ARKANSAS
THE ATTORNEY GENERAL
DustTIn McDANIEL
Opinion No. 2013-049
May 24, 2013
The Honorable Mark Martin
Secretary of State
State Capitol, Room 256
Little Rock, Arkansas 72201-1094
Dear Mr. Martin:
This is in response to your request for an opinion on the effective date of legislation passed during the Eighty-Ninth Arkansas General Assembly. Your request pertains to legislation that did not carry an emergency clause or a specified effective date.
Acts of the General Assembly with no emergency clause or specified effective date become effective ninety days after adjournment of the session at which they were enacted. Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980 (1941). This rule stems from Amendment 7 to the Constitution of Arkansas, which gives the people “ninety days after the final adjournment of the session” to file referendum petitions. The day of adjournment is not counted, as it is not a full day during which petitions may be filed.
Your request indicates that the General Assembly adjourned sine die on May 17, 2013. Starting with the first full day after adjournment, and counting ninety full days, acts with no emergency clause or specified effective date become effective on the ninety-first day, which in this case is August 16, 2013.
323 CENTER STREET, SUITE 200 ¢ LITTLE Rock, ARKANSAS 72201 TELEPHONE (501) 682-2007 « Fax (501) 682-8084 INTERNET WEBSITE * http://www.ag.state.ar.us/
The Honorable Mark Martin
Secretary of State
Opinion No. 2013-049
Page 2
Deputy Attorney Gencral Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.
Sincerely,
DUSTIN MCDANIEL
Attorney General
DM:EAW/cyh
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