When do acts of the 2019 Arkansas General Assembly that don't have an emergency clause take effect?

Plain-English summary

Secretary of State John Thurston asked the AG when the 2019 acts of the General Assembly that did not contain an emergency clause or a specified effective date would take effect. The AG calculated two answers:

1. All but one act: July 24, 2019. Under Fulkerson v. Refunding Board, 201 Ark. 957 (1941), an act without an emergency clause becomes effective on the 91st day after sine die adjournment. The General Assembly adjourned on April 24, 2019. Day one of the 90-day window was April 25, the 90th day was July 23, so the 91st day, when the act takes effect, was July 24, 2019. The 90 days come from Amendment 7 to the Arkansas Constitution (codified at art. 5, § 1), which gives the people "ninety days after the final adjournment of the session" to file a referendum petition.

2. Act 1092 (Senate Bill 179): July 30, 2019. This act got special treatment because the Senate took it up substantively on April 24, the day of sine die adjournment, after the House had amended it earlier. The Governor approved it on April 29. Counting from April 30 (day 1), the 90th day landed on Sunday, July 28. Under Richardson v. Martin, 2014 Ark. 429, when the petition-filing deadline falls on a Saturday, Sunday, or legal holiday, it rolls to the next non-holiday weekday. So the petition-filing deadline became Monday, July 29, and the act became effective the day after, July 30, 2019.

The opinion's significance is procedural but practical: the Secretary of State maintains the official compilation of effective dates, and agencies and litigants need a firm date to know when statutes apply.

Currency note

This opinion was issued in 2019. 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.

Common questions

Q: Why does the effective date depend on the referendum window?
A: Amendment 7 (Ark. Const. art. 5, § 1) reserves to the people the power to refer any legislative act to popular vote within 90 days after sine die adjournment. The act cannot take effect until that window closes, because the people might invalidate it. So the default effective date is the day after the referendum window expires, the 91st day.

Q: What is "sine die" adjournment?
A: It is the formal end of a legislative session, marking the close of all business. The 92nd General Assembly adjourned sine die on April 24, 2019. The day of adjournment itself is not counted in the 90-day referendum window because the people cannot file a petition on that day.

Q: Why did Act 1092 get a different clock?
A: Because the Senate took up substantive business on the day of sine die adjournment. Senate Bill 179 (which became Act 1092) had been amended in the House and returned to the Senate after the Senate had recessed. On April 24, the Senate suspended the rules to take up the House amendment, adopted it, and passed the bill. The Governor signed it on April 29. So Act 1092's 90-day clock started on April 30 (not April 25), and its effective date is therefore July 30, 2019, instead of July 24.

Q: What happens if the 90-day deadline lands on a holiday?
A: Under Richardson v. Martin, 2014 Ark. 429, the deadline rolls to the next non-Saturday, non-Sunday, non-holiday day. The court explained that to compute otherwise would restrict the people's rights, which the Arkansas Constitution prohibits.

Q: What about acts with an emergency clause?
A: They take effect immediately on the Governor's approval (or upon legislative override of a veto). The 90-day referendum window does not delay them. Emergency clauses require a two-thirds supermajority in each chamber.

Q: Where can I find the official list of effective dates?
A: The Secretary of State publishes the compilation. The AG opinion is advisory; the Secretary's official record is the practical reference for litigants and agencies.

Background and statutory framework

Arkansas's effective-date rule for legislation is constitutional, not statutory. Amendment 7 (Ark. Const. art. 5, § 1) gives the people 90 days after sine die adjournment to file referendum petitions. Acts without an emergency clause must wait out that window, taking effect on the 91st day. Fulkerson v. Refunding Board, 201 Ark. 957 (1941), is the foundational authority.

Richardson v. Martin, 2014 Ark. 429, supplies the rule for deadlines that fall on weekends or holidays.

The unusual posture of Act 1092 highlights how the day of passage matters. Most bills are passed days or weeks before sine die, then signed by the Governor, then start their 90-day clock from sine die. But a bill passed on the day of adjournment (which is rare and procedurally awkward) starts its clock from the date of the Governor's approval, which can be days later, pushing the effective date past the standard one for the rest of the session.

Citations

• Ark. Const. art. 5, § 1 (Amendment 7 referendum power, 90-day window)
• Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980 (1941)
• Richardson v. Martin, 2014 Ark. 429, 444 S.W.3d 855

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2019-034
May 15, 2019

The Honorable John Thurston
Secretary of State
Arkansas State Capitol, Room 256
Little Rock, AR 72201

Dear Secretary Thurston:

This is in response to your request for my opinion on the effective date of legislation passed during the Ninety-Second Arkansas General Assembly. Your request pertains to legislation that did not contain an emergency clause or a specified effective date.

RESPONSE

With the exception of Act 1092, which will become effective on July 30, 2019, acts of the 92d General Assembly with no emergency clause or specified effective date become effective on July 24, 2019.

DISCUSSION

Acts of the General Assembly with no emergency clause or specified effective date become effective on the 91st day after adjournment of the session in which they were enacted. This rule stems from Amendment 7 to the Arkansas Constitution, which gives the people "ninety days after the final adjournment of the session" to file referendum petitions "against any general Act, or any item of an appropriation bill, or measure passed by the General Assembly[.]" The day of adjournment is not counted, as it is not a full day during which referendum petitions may be filed. Additionally, if the petition-filing deadline falls on a Saturday, Sunday, or legal holiday, the deadline to file such petitions is the next day that is not a Saturday, Sunday, or legal holiday.

Your request for my opinion states that the General Assembly adjourned sine die on April 24, 2019. Starting with April 25 (the first full day after adjournment), the 90th day in this case is July 23, 2019. This means that all but one of the acts with no emergency clause or specified effective date become effective on July 24, 2019. However, this effective date does not apply to Act 1092 of 2019, as explained below.

As I understand it, on the day of sine die adjournment, typically a pro forma, ceremonial legislative day, the Senate actually took up substantive business, specifically to consider a House of Representatives amendment to Senate Bill 179. After suspending the rules to consider the House's amendment, the Senate adopted the amendment and then passed the bill as amended. The bill contained no emergency clause or stated effective date. The Governor approved Senate Bill 179, making it Act 1092, on April 29.

Accordingly, and with respect solely to Act 1092, under the rules described above, starting on April 30 (the first full day after the Governor's approval), the 90th day is July 28, 2019, which is a Sunday. Because that 90th day is on a Sunday, the petition-filing deadline for a referendum on Act 1092 is Monday, July 29, 2019. This means that Act 1092 will become effective on July 30, 2019.

In sum, the acts of the 92d General Assembly with no emergency clause or specified effective date become effective on July 24, 2019, except for Act 1092, which becomes effective on July 30, 2019.

Sincerely,

LESLIE RUTLEDGE
Attorney General