When did ordinary laws from Kentucky's 2007 regular legislative session take effect?

Plain-English summary

Kentucky's Legislative Research Commission asked when ordinary acts from the 2007 regular session took effect. The Attorney General calculated the first moment of Tuesday, June 26, 2007. The General Assembly finally adjourned on March 27. The AG excluded that day, counted March 28 as day one, and identified June 25 as the 90th full day.

The answer excluded general appropriation measures and acts containing emergency or delayed effective-date provisions. It was a historical calculation for the 2007 session.

Currency note

This opinion was issued in 2007. 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: When did ordinary Kentucky 2007 session laws take effect? A: The AG calculated the first moment of June 26, 2007, for acts governed by the ordinary constitutional timing rule.

Q: Was the final adjournment day part of the 90-day count? A: No. The opinion excluded March 27 and counted 90 complete days beginning March 28.

Q: Did the June 26 date cover emergency and delayed-date bills? A: No. The AG excluded those bills and general appropriation measures.

Background and statutory framework

Section 55 of the Kentucky Constitution provided the 90-day rule. Following OAG 06-001's counting method, the AG determined that 90 full days elapsed at the end of June 25 after final adjournment on March 27. Ordinary covered acts therefore became effective at the start of June 26.

Citations and references

Constitution: Section 55, Constitution of Kentucky.

Prior opinion: OAG 06-001.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_1501c05c-5d74-40da-bd7f-f8ed4475e773/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_1501c05c-5d74-40da-bd7f-f8ed4475e773

Original opinion text

OAG 07-002
April 4, 2007
Subject:

Effective Date of Certain Legislation Passed During the 2007 Regular Session of the Kentucky General Assembly.

Requested by:

Robert S. Sherman, 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 2007 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 Tuesday, June 26, 2007, since 90 full days will then have passed after final adjournment on March 27, 2007.

OAGs cited:

06-001.

Constitutional
Sections
Construed:

Section 55, Constitution of Kentucky.

Opinion of the Attorney General
The following question, in substance, has been presented: What is the effective date of legislation, other than general appropriation bills and acts containing emergency or delayed effective date provi-

OAG 07-002
Page 2

sions, passed during the 2007 Regular Session of the Kentucky General Assembly, the Assembly having finally adjourned on March 27, 2007?

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 2007 Regular Session of the Kentucky General Assembly, is the first moment of Tuesday, June 26, 2007. 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. It follows that the 90th day shall be included in the period, in order that 90 full days shall expire after final adjournment, before certain legislation passed during the session becomes effective. See OAG 06-001. Applying the analysis described above to the 2007 Regular Session, the General Assembly having adjourned sine die on March 27, 2007, we find the following, regarding legislation other than general appropriation bills or acts containing emergency or delayed effective

OAG 07-002
Page 3

date provisions: The first day of the 90 day period after the session is Wednesday, March 28, 2007, and the 90th day of that period is Monday, June 25, 2007. When the last moment of that 90th day has expired, ninety full days will have passed after the adjournment "sine die" of the 2007 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 2007 Regular Session of the Kentucky General Assembly will be effective on the first moment of Tuesday, June 26, 2007. Gregory D. Stumbo Attorney General

Gerard R. Gerhard
Assistant Attorney General
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