When did ordinary laws passed in Kentucky's 2010 extraordinary legislative session take effect?

Plain-English summary

Kentucky's Attorney General concluded that ordinary laws passed during the General Assembly's 2010 extraordinary session took effect at the first moment of August 28, 2010. The Assembly finally adjourned on May 29. The AG read Section 55 of the Kentucky Constitution to exclude the adjournment date, count 90 full days from May 30 through August 27, and place the effective moment after that period ended.

The answer expressly left out general appropriation bills and acts with emergency or delayed effective-date provisions. The opinion cited OAG 10-002 while explaining why the day of adjournment was excluded from the 90-day count.

Currency note

This opinion was issued in 2010. 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 a typical act from Kentucky's 2010 extraordinary session become effective?
A: The AG said the first moment of August 28, 2010, for an act without a special effective-date provision and outside the general appropriation exception.

Q: Did the May 29 adjournment date count toward the 90 days?
A: No. The AG excluded the day of final adjournment, counted May 30 as the first day, and said 90 full days ended with August 27.

Q: Did the same date govern emergency acts or general appropriation bills?
A: No. The opinion expressly excluded general appropriation measures and acts with emergency or delayed effective-date provisions.

Background and statutory framework

The Legislative Research Commission asked about the effective date of ordinary legislation from the extraordinary session after final adjournment on May 29. Section 55 of the Kentucky Constitution supplied the general 90-day waiting period and exceptions. The AG excluded the day of adjournment itself and cited OAG 10-002 on this counting point.

Citations and references

• Section 55, Constitution of Kentucky: general waiting period and exceptions.
• OAG 10-002: cited on the counting of days after adjournment.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_ae89c22b-b695-4fb9-9383-d9a0589c3fd8/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_ae89c22b-b695-4fb9-9383-d9a0589c3fd8

Original opinion text

OAG 10-004
June 7, 2010
Subject:

Effective Date of Certain Legislation Passed During
the 2010 Extraordinary Session of the Kentucky General Assembly.

Requested by:

Robert S. Sherman, Director
Legislative Research Commission.

Written by:

Ryan M. Halloran, Assistant Attorney General.

Syllabus:

In accordance with Section 55 of the Constitution of
Kentucky, the effective date of legislation passed by
the 2010 Extraordinary 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 Saturday, August 28, 2010, since 90 full days will then have passed after final adjournment on May 29, 2010.

Statutes construed:
OAGs cited:

Section 55, Constitution of Kentucky.

10-002

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 10-004
Page 2

sions, passed during the 2010 Extraordinary Session of the Kentucky General Assembly, the Assembly having finally adjourned on May 29, 2010?

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 2010 Extraordinary Session of the Kentucky General Assembly, is the first moment of Saturday, August 28, 2010. 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 10-002. Applying the analysis described above to the 2010 Extraordinary Session, the General Assembly having adjourned sine die on May 29, 2010, we find the following, regarding legislation other than general

OAG 10-004
Page 3

appropriation bills or acts containing emergency or delayed effective date provisions: The first day of the 90 day period after the session is Sunday, May 30, 2010, and the 90th day of that period is Friday, August 27, 2010. When the last moment of that 90th day has expired, ninety full days will have passed after the adjournment "sine die" of the 2010 Extraordinary 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 2010 Extraordinary Session of the Kentucky General Assembly will be effective on the first moment of Saturday, August 28, 2010. Jack Conway Attorney General

Ryan M. Halloran
Assistant Attorney General
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