When does an Arkansas legislative act become effective if it lacks an emergency clause and the General Assembly takes a recess longer than 90 days?

Plain-English summary

Arkansas Secretary of State John Thurston needed to know exactly when the acts of the 93rd General Assembly would become effective. Many legislative acts contain an "emergency clause" that makes them effective immediately. Many others contain a specified effective date. But for acts that have neither, the timing comes from Amendment 7 to the Arkansas Constitution.

Amendment 7 (codified at Article 5, § 1) gives the people of Arkansas the right to challenge a legislative act by referendum. Petitions calling for a referendum vote must be filed with the Secretary of State within ninety days of final adjournment, "except when a recess or adjournment shall be taken temporarily for a longer period than ninety days, in which case such petition shall be filed not later than ninety days after such recess or temporary adjournment."

The AG cited Fulkerson v. Refunding Board in a footnote while explaining that Amendment 7 governs when those acts become effective. In the extended-recess scenario the AG addressed, the acts would take effect on the 91st day after recess if the legislature did not reconvene sooner.

For the 93rd General Assembly, recess began on April 28, 2021. The day of recess doesn't count, so day one is April 29. Counting forward, day 90 is July 27, and day 91 is July 28. So acts without emergency clauses or specified effective dates become effective on July 28, 2021, assuming the legislature did not reconvene on or before July 27.

The AG also answered that July 28, 2021 was the earliest reconvening date that would satisfy the question’s extended-recess premise.

Currency note

This opinion was issued in 2021. 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

Why does the referendum process determine the effective date?

The AG tied the effective date to Amendment 7’s ninety-day referendum-petition period and cited Fulkerson in a footnote. Her calculation made the act effective on day 91 if the recess lasted long enough.

What if the General Assembly reconvenes before the 90 days are up?

Then the 91st-day clock restarts on the next adjournment or extended recess. The opinion notes that "if the General Assembly reconvenes on or before July 27, 2021, the effective date would not be until the 91st day after either sine die adjournment or another extended recess."

What if an act has an emergency clause?

Emergency clauses make acts effective immediately upon the Governor's signature (or upon override of a veto). The 91st-day rule does not apply.

What about acts with a specified effective date?

The AG expressly limited the opinion to acts without a specified effective date.

Did the opinion confirm that the legislature stayed in recess?

No. The AG wrote on May 20, 2021 and expressly predicated her answer on future events. July 28 was the effective date only if the legislature did not reconvene on or before July 27.

Background and statutory framework

Amendment 7 to the Arkansas Constitution, codified at Article 5, § 1, establishes the people's right to challenge legislative acts via the referendum vote. The amendment provides that referendum petitions "shall be filed with the Secretary of State not later than ninety days after the final adjournment of the session at which such Act was passed, except when a recess or adjournment shall be taken temporarily for a longer period than ninety days, in which case such petition shall be filed not later than ninety days after such recess or temporary adjournment."

The AG cited Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980 (1941), in a footnote to the effective-date rule, while grounding the answer in Amendment 7.

The mechanics in this opinion: count from the day after recess (April 29 is day one), reach day 90 (July 27), and the act is effective on day 91 (July 28). The day of recess itself doesn't count because it is not a full day available for filing referendum petitions.

The AG cited prior opinions Op. 2004-192, Op. 2004-174, and Op. 79-88 as consistent with this analysis.

Citations

• Ark. Const. amend. 7 (referendum)
• Ark. Const. art. 5, § 1
• Fulkerson v. Refunding Board, 201 Ark. 957 (1941)
• Op. Att'y Gen. 2004-192
• Op. Att'y Gen. 2004-174
• Op. Att'y Gen. 79-88

Source

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

Original opinion text

STATE OF ARKANSAS
T1-m ATTORNEY GENERAL
LESLIE RUTLEDGE

Opinion No. 2021-029

May 20, 2021

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 Arkansas's Ninety-Third General Assembly.
Your request specifically asks about acts that do not contain an emergency clause or a specified effective date.

In this regard, you have asked the following questions:

1. Provided the 93rd General Assembly recesses for longer than ninety (90) days, what is the effective date of those Acts of the 93rd General Assembly [that] were passed prior to the April 28, 2021 , recess and [that] did not contain an emergency clause or a specified effective date?

2. What is the earliest date the 93rd General Assembly may reconvene while satisfying the requirement that it "remain in extended recess for longer than ninety (90) days" in order for acts passed prior to the April 28, 2021, recess to become effective on the 91 st day following the recess?

RESPONSE:

Question 1: Provided the 93d General Assembly recesses for longer than ninety (90) days, what is the effective date of those Acts of the 93d General Assembly

323 CEN T ER STRE ET. SU ITI ' 200 • L ITTL E R OC K , ARK /\NS /\S 7220 I TEL EPH ONE (501) 682-2007 • F/\X (501) 682-8084 I NTER N ET W EBSITE . http://www. ag.s tate. ar.us/

The Honorable John Thurston
Secretary of State
Opinion No. 2021-029
Page 2

{that] were passed prior to the April 28, 2021, recess and {that] did not contain an emergency clause or a specified effective date?

This opinion is predicated on the occurrence of future actions by third parties (as presumed in your question) over whom I have no control. Should the scenario you posit in your question change, this opinion will not apply. 1

Amendment 7 to the Arkansas Constitution 2-which establishes the people's right to challenge legislative acts via the referendum vote-governs the effective date of Acts of the General Assembly with no emergency clause or specified effective date. 3 Amendment 7 provides that petitions calling for a referendum vote "shall be filed with the Secretary of State not later than ninety days after the final adjournment of the session at which such Act was passed, except when a recess or adjournment shall be taken temporarily for a longer period than ninety days, in which case such petition shall be filed not later than ninety days after such recess or temporary adjournment. " 4

Applying that provision to the scenario described in your question, acts of the 93d General Assembly will become effective on the 91 st day after the legislature temporarily recessed. 5 The day of recess is not counted, as it is not a full day during which referendum petitions may be filed.

Your question states that the 93d General Assembly recessed on April 28, 2021. Beginning with April 29 (the first full day after recess), the 90th day is July 27, 2021. Therefore, unless the General Assembly reconvenes on or before July 27, 2021, acts with no emergency clause or specified effective date become effective on July 28, 2021. 6

1
See infra n.6.

2
Codified at Ark. Const. art. 5, § 1.

3
See Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980 (1941).

4
Ark. Const. ai1. 5, § 1 ("Referendum").

5
See Ops. Att'y Gen. 2004-192, 2004-174, 79-88.

6
If the General Assembly reconvenes on or before July 27, 2021, the effective date would not be until the 91 st day after either sine die adjournment or another extended recess.

The Honorable John Thurston
Secretary of State
Opinion No. 2021-029
Page 3

Question 2: What is the earliest date the 93rd General Assembly may reconvene while satisfying the requirement that it "remain in extended recess/or longer than ninety (90) days" in order for acts passed prior to the April 28, 2021, recess to become effective on the 9Jst day following the recess?

The earliest date the legislature may reconvene is July 28, 2021. Please see my response to your first question.

Sincerely,

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LESLIE RUTLEDGE
Attorney General