When the Arkansas 90th General Assembly adjourned sine die on April 22, 2015, when did legislation that had no emergency clause and no specified effective date become effective?
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This page answers the general question as of 2015. Ezel answers yours: what it means for your facts, under current Arkansas law, with citations.
Plain-English summary
Secretary of State Mark Martin asked the AG for the effective date of Ninetieth General Assembly legislation that did not carry an emergency clause and did not specify its own effective date. The answer was July 22, 2015.
The rule comes from Amendment 7 to the Arkansas Constitution (codified at Art. 5, § 1). Amendment 7 gives Arkansas voters ninety days after the final adjournment of a legislative session to file referendum petitions against acts passed during that session. The Arkansas Supreme Court in Fulkerson v. Refunding Board (1941) tied the default effective date of legislation to the same ninety-day window: acts without an emergency clause or specified effective date take effect when the referendum window closes.
The arithmetic for the 2015 session: the General Assembly adjourned sine die on April 22, 2015. The day of adjournment does not count (it is not a full day for petition filing). Counting ninety full days starting April 23, the effective date falls on the ninety-first day, which is July 22, 2015.
This timing matters for any act lacking emergency-clause language. Several other AG opinions from the same period (notably Op. 2015-040, Op. 2015-047, and Op. 2015-056) cross-reference this opinion when computing the effective date of statutes that took effect on July 22, 2015.
The opinion is short and entirely procedural. It is essentially a reference card for anyone needing to know when a 2015 act becomes operative.
Currency note
This opinion was issued in 2015. 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.
Background and statutory framework
Amendment 7 to the Arkansas Constitution (now codified at Ark. Const. art. 5, § 1) is the people's referendum power. It allows voters to gather signatures and refer an act of the General Assembly to a popular vote. The constitutional design is that no act should take effect before voters have a meaningful window to gather signatures and seek referendum, so non-emergency acts wait the full 90 days.
Three categories of acts have non-default effective dates:
- Acts with an emergency clause take effect immediately upon approval by the Governor (or upon legislative override of a veto).
- Acts with a specified effective date take effect on that date, whether earlier or later than the 90-day default.
- Acts that fail to specify either way fall back on the 90-day rule.
The Arkansas Supreme Court in Fulkerson v. Refunding Board (1941) settled the day-counting rule. The day of adjournment is not counted because petitioners cannot use that partial day to gather and file signatures. Counting begins the next full day.
Common questions
What if an act has an emergency clause?
It takes effect immediately (or as the clause specifies). The 90-day default does not apply.
What if an act specifies its own effective date?
That specified date controls. The 90-day default applies only when both the emergency-clause and the specified-effective-date options are missing.
Does this rule apply to constitutional amendments referred by the General Assembly?
No, this opinion addresses acts (statutes), not constitutional amendments. Constitutional amendments have their own ratification timing.
Could a citizen file a referendum petition against a 2015 act?
Yes, during the 90-day window after sine die adjournment (April 23 through July 21, 2015). Petitions filed within that window challenged whether the act would actually take effect on July 22.
Why does the day of adjournment not count?
Because it is typically only a partial day. The Arkansas Supreme Court in Fulkerson treated it as not a full day for purposes of the 90-day petition window, and counting starts with the next full day.
Source
Original opinion text
Opinion No. 2015-044
April 29, 2015
The Honorable Mark Martin
Secretary of State
500 Woodlane Street
State Capitol, Room 256
STATE OF ARKANSAS
THE ATTORNEY GENERAL
LESLIE RUTLEDGE
Little Rock, Arkansas 72201-1094
Dear Mr. Martin:
This is in response to your request for my opinion on the effective date of legislation passed during the Ninetieth 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. 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 April 22, 2015. 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 July 22, 2015.
Deputy Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.
Sincerely,
LESLIE RUTLEDGE
Attorney General
LR/EAW:cyh
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