When do Arkansas laws passed in 2023 without an emergency clause take effect?
Plain-English summary
Secretary of State John Thurston asked the AG for an opinion on the effective date of acts passed by the 94th Arkansas General Assembly that lacked an emergency clause or specified effective date. Arkansas's regular legislative session ended (sine die adjourned) on May 1, 2023, and the Secretary needed a clear answer for compliance and publication purposes.
The answer: August 1, 2023. The calculation runs through three constitutional and statutory rules:
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Constitutional rule. Arkansas Constitution art. 5, § 1 says non-emergency-clause acts take effect the day after the deadline to file a referendum petition.
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90-day referendum window. The referendum petition window is 90 days "after the final adjournment of the session." The 90-day count starts the first full day after adjournment.
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Weekend/holiday extension. If the 90th day falls on a Sunday or legal holiday, the deadline extends to the next business day.
Applied to the 94th General Assembly:
- Final adjournment: May 1, 2023.
- Day 1 of the 90-day window: May 2, 2023.
- Day 90: Sunday, July 30, 2023.
- Sunday is not a filing day, so the deadline extended to Monday, July 31, 2023.
- The day after: August 1, 2023.
Why this matters. Hundreds of acts passed in any session lack an emergency clause. Compliance, publication, and enforcement timelines for businesses, agencies, and individuals depend on knowing exactly when the laws take effect. Op. 2023-031 establishes the date authoritatively for the 94th General Assembly. Other AG opinions, such as Op. 2023-028 (which addressed Act 372), reference 2023-031 for the standard effective date.
The doctrinal core. The effective-date analysis is purely procedural. The substantive content of the laws does not affect the date. Whether a non-emergency act is about taxes, education, or government structure, August 1, 2023 is the effective date for all 94th GA acts without emergency clauses or specified dates.
Acts with emergency clauses. Acts with emergency clauses take effect immediately upon signing (or upon the date specified in the emergency clause). The General Assembly typically uses emergency clauses for urgent or immediate-effect matters. Acts with specified effective dates take effect on the date specified.
The deeper takeaway: Arkansas has a built-in delay between when the legislature passes a law and when most laws take effect, as a check on legislative power. The 90-day window gives the people time to file a referendum to put the law to a vote. The August 1 date for the 94th GA is the implementation date for that check.
What this means for you
State agency officials and compliance staff
Map your implementation timeline to August 1, 2023, for all 94th GA non-emergency acts:
- Update internal procedures, forms, and policies by that date.
- Train staff on changes that take effect.
- Coordinate with compliance counsel on legal requirements.
If an act has an emergency clause, it took effect earlier (typically the date the governor signed or the date specified). If an act has a specified effective date later than August 1, that controls.
For acts that became part of a regulatory regime (taxes, licensing, permitting), watch for implementation regulations that may follow. The act being effective and the regulations being effective are different questions.
Business owners and trade associations
If a 94th GA non-emergency act affects your business (employment law, regulatory requirements, tax provisions, licensing changes), the August 1, 2023, effective date is your compliance date.
For longer-running compliance projects (system changes, employee training, vendor renegotiations), starting before August 1 is prudent.
Lawyers advising on specific Arkansas statutes
When researching whether a 2023 amendment is in effect:
1. Find the underlying act.
2. Check for an emergency clause (Section X may be designated as an emergency clause; the act takes effect immediately).
3. Check for a specified effective date in the act itself.
4. If neither, the default is August 1, 2023, for the 94th GA.
5. For prior or later sessions, repeat the analysis with the relevant adjournment date.
State legislators considering future bills
If you want a law to take effect immediately (or by a specific date), include an emergency clause or specified effective date. The default is the constitutional deadline-after-referendum-window date, which can be 3-4 months after final adjournment.
If you want the law to be reviewable by referendum, do not include an emergency clause. The default 90-day window preserves the people's right to refer.
Secretaries of State and election officials
The deadline for referendum petition filing is the practical deadline for petitioners. After that, the law is in force until any judicial or legislative change. Op. 2023-031 establishes the deadline for the 94th GA: July 31, 2023 (with the Sunday extension), making August 1, 2023, the effective date.
News reporters covering legislation
When you write that a 2023 Arkansas law "takes effect" on a specific date, the default for non-emergency acts of the 94th GA is August 1, 2023. Verifying whether a specific act has an emergency clause or different effective date is a quick check; the act's text typically has it in the final sections.
Citizens watching legislation
If you want to file a referendum petition to put a law to a vote, you have 90 days from the final adjournment of the session. For the 94th GA, that meant from May 2 through July 31, 2023. After that, the law is in effect.
If you missed the window, your remaining options are constitutional amendments, future legislation, or judicial challenges to the law itself.
Common questions
Why is Arkansas's effective date tied to the referendum window?
Arkansas Constitution amendment 7 reserves to the people the power to refer acts of the General Assembly to a popular vote (with limited exceptions). The 90-day window is the time during which the people can file petitions. Until the window closes, the act is potentially subject to popular review; after, it is settled.
What if the legislature reconvenes for a special session?
Special sessions have their own adjournment date and their own 90-day window for non-emergency acts. The default rule applies but with different dates.
What about acts passed in fiscal sessions?
Fiscal sessions follow the same constitutional rule. The 90-day window starts after final adjournment; the effective date is the day after the deadline (subject to weekend/holiday extension).
What if an act has an emergency clause but the clause is challenged?
Emergency clauses can be challenged. If a court finds the emergency clause invalid, the act takes effect under the default rule (August 1 for the 94th GA, or the equivalent for other sessions). This rarely happens but can.
Are there any 94th GA acts that take effect later than August 1, 2023?
Yes, where the act itself specifies a later date. Common examples: education and tax provisions tied to a fiscal year (often July 1 of a future year), large regulatory programs phased in over time, programs requiring rulemaking before implementation.
Does this opinion bind the Secretary of State?
AG opinions are persuasive but not binding. In practice, the Secretary of State and other state offices follow AG effective-date opinions because they reflect the same constitutional and statutory analysis a court would apply.
How do I find the effective date of a specific 94th GA act?
Read the act's text (available through the Arkansas General Assembly's website). Look for an emergency clause section, a specified effective date provision, or neither. If neither, default to August 1, 2023.
Background and statutory framework
Arkansas Constitution art. 5, § 1 contains the referendum power and the corresponding effective-date rule. The relevant text:
- The people reserve the power to refer acts of the legislature to a popular vote.
- Petitions must be filed within 90 days after final adjournment of the session.
- Acts without emergency clauses take effect after the petition window closes.
The 90-day calculation:
- Day 1 = first full day after adjournment.
- Day 90 = the 90th calendar day after adjournment.
- Weekend/holiday extension: if Day 90 falls on a non-business day, the deadline moves to the next business day.
Effective date = Day 91 (or the next business day if Day 91 is itself a non-business day).
Underlying case law:
- Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980 (1941): historic interpretation of the effective-date rule.
- Richardson v. Martin, 2014 Ark. 429, 444 S.W.3d 855: weekend/holiday extension principle for ballot-initiative deadlines, applied to the petition deadline.
The 94th General Assembly's adjournment on May 1, 2023, applied straightforwardly:
- May 2 = Day 1
- July 30 (Sunday) = Day 90
- July 31 (Monday) = extended deadline
- August 1 = effective date
Citations
- Ark. Const. art. 5, § 1 (Initiative and Referendum)
- Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980 (1941)
- Richardson v. Martin, 2014 Ark. 429, 444 S.W.3d 855 (2014)
Source
Original opinion text
Opinion No. 2023-031
May 5, 2023
The Honorable John Thurston
Secretary of State
500 Woodlane Street
State Capitol, Room 256
Little Rock, Arkansas 72201
Dear Secretary Thurston:
I am writing in response to your request for my opinion on the effective date of acts passed without an emergency clause at the regular session of the 94th Arkansas General Assembly, which adjourned sine die May 1, 2023. As explained below, the effective date is August 1, 2023.
Under the Arkansas Constitution, acts without an emergency clause or a specified effective date become effective the day after the deadline to file a referendum petition. Referenda petitions must be filed within 90 days "after the final adjournment of the session." The 90-day window begins on the first full day after adjournment. If the 90th day falls on a weekend or legal holiday, the deadline extends to the next business day.
In this case, the 90-day window starts on May 2 (the first full day after final adjournment) and would conclude on Sunday, July 30, 2023. But since Sunday is not a day on which referenda petitions can be filed, the deadline extends to the next business day: Monday, July 31, 2023. Thus, acts without an emergency clause or a specified effective date become effective on August 1, 2023.
Deputy Attorney General Ryan Owsley prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General