When did ordinary laws from Kentucky’s 2002 legislative session take effect?

Plain-English summary

The Kentucky General Assembly ended its 2002 regular session on April 15. Applying Section 55 of the Kentucky Constitution, the Attorney General excluded that adjournment day from the 90-day period. April 16 was day one, July 14 was day 90, and covered laws took effect at the first moment of July 15, 2002.

The general date did not apply to appropriation measures or acts with emergency or delayed effective-date provisions. The opinion calculated the default date for the session and cited an earlier AG opinion for its method of counting full days.

Currency note

This opinion was issued in 2002. 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: What was the effective date of ordinary Kentucky laws passed in the 2002 session? A: The Attorney General calculated the first moment of Monday, July 15, 2002.

Q: Was April 15, the adjournment date, counted as day one?
A: No. The opinion excluded final adjournment day and counted April 16 as the first of 90 full days.

Q: Did every 2002 bill take effect on July 15?
A: No. The opinion excluded general appropriation measures and acts with emergency or delayed effective-date provisions.

Background and statutory framework

Section 55 of the Kentucky Constitution generally delayed an act until 90 days after final adjournment, subject to the exceptions discussed in the opinion. The Attorney General treated the 90th day as part of the waiting period so that 90 full days had elapsed before the covered acts took effect. It cited OAG 96-19 and applied that method to the 2002 session.

Citations and references

Constitution: Section 55 of the Constitution of Kentucky.

Prior AG opinion: OAG 96-19.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_3f2af6d8-51f4-488b-8390-9b4ec4538229/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_3f2af6d8-51f4-488b-8390-9b4ec4538229

Original opinion text

OAG 02-3
May 1, 2002
Subject:

Effective Date of Certain Legislation Passed During
the 2002 Regular Session of the Kentucky General
Assembly.

Requested by:

Robert S. Sherman, Executive Director
Legislative Research Commission

Written by:

Gerard R. Gerhard, Assistant Attorney General

Syllabus:

In accordance with Section 55 of the Constitution of
Kentucky, the effective date of legislation passed by
the 2002 Regular Session of the Kentucky General
Assembly, except for general appropriation measures
and those containing emergency or delayed effective
date provisions, is the first moment of Monday, July
15, 2002, since 90 full days will then have passed after final adjournment on April 15, 2002.

OAGs cited:

96-19

Constitutional
Sections
Construed:

Section 55, Constitution of Kentucky

Opinion of the Attorney General
The following question, in substance, has been presented:

OAG 02-3
Page 2

What is the effective date of legislation, other than general
appropriation bills and acts containing emergency or delayed effective date provisions, passed during the 2002 Regular Session of the Kentucky General Assembly, the Assembly having finally adjourned on Monday, April 15, 2002? As discussed below, the effective date of legislation, other than general appropriation bills and acts containing emergency or delayed effective date provisions, passed during the 2002 Regular Session of the Kentucky General Assembly, is the first moment of Monday, July 15, 2002. Section 55 of the Constitution of Kentucky provides: No act, except general appropriation bills, shall become law until ninety days after the adjournment of the session at which it was passed, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the governor, but the reasons for the emergency that justifies this action must be set out at length in the journal of each House. (Emphasis added.) “[U]ntil ninety days after the adjournment” (emphasis added), as used in Section 55 of Kentucky's Constitution (above), indicates that the day of adjournment (meaning the day of final adjournment for the session, termed “adjournment sine die”) is to be excluded in computing the 90 day period set forth in the above cited Constitutional provision, and that the 90th day shall be included in the period, in order that 90 full days shall pass after enactment of certain legislation, before the legislation becomes effective. See OAG 96-19.

OAG 02-3
Page 3

Applying the analysis described above to the 2002 Regular Session, the General Assembly having adjourned sine die on Monday, April 15, 2002, we find the following, regarding legislation other than general appropriation bills or acts containing emergency or delayed effective date provisions: The first day of the 90 day period after the session is Tuesday, April 16, 2002, and the 90th day of that period is Sunday, July 14, 2002. When the last moment of that 90th day has expired, ninety full days will have passed after the adjournment “sine die” of the 2002 Regular Session of the Kentucky General Assembly. It follows that legislation (except for general appropriation measures and those containing emergency or delayed effective date provisions) passed during the 2002 Regular Session of the Kentucky General Assembly will be effective on the first moment of Monday, July 15, 2002. Albert B. Chandler III Attorney General

Gerard R. Gerhard
Assistant Attorney General
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