When did laws passed in Kentucky's 2021 legislative session take effect?

Plain-English summary

Each year the Legislative Research Commission asks the Attorney General to fix the effective date of the bills passed during the regular legislative session. The Kentucky Constitution does not make most new laws effective the moment the Governor signs them. Instead, Section 55 says a law (other than general appropriations bills) does not take effect until 90 days after the legislative session adjourns, unless the law carries an emergency clause or specifies its own delayed effective date.

The Attorney General concluded that, because the 2021 Regular Session adjourned sine die on March 30, 2021, most legislation from that session became effective on Tuesday, June 29, 2021. The opinion walked through the counting method: the day of adjournment is excluded, so the 90-day period began March 31, 2021, and the 90th day was June 28, 2021. Once that day passed, a full 90 days had elapsed, making the effective date June 29, 2021. General appropriations measures and any act with an emergency or delayed effective date provision were not covered by that general date.

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.

Background and statutory framework

Section 55 of the Kentucky Constitution provides that no act, except general appropriation bills, becomes law until 90 days after the adjournment of the session at which it was passed, except in cases of emergency (which require a recorded majority vote and a stated reason) or where the act sets its own effective date. The opinion explained that "until ninety days after the adjournment" means the day of adjournment is excluded and the 90th day is included, so that 90 full days expire before the legislation becomes effective, citing the same counting method used in OAG 19-005. Applying that to the 2021 Regular Session, which adjourned sine die on March 30, 2021, the opinion identified March 31, 2021 as the first day of the period and June 28, 2021 as the 90th day, making the effective date June 29, 2021 for legislation other than appropriations bills and acts with emergency or delayed effective date provisions.

Citations and references

Constitution:
- Ky. Const. § 55 (90-day rule)

Source

• Landing page: https://www.ag.ky.gov/Opinions/Pages/default.aspx
• Original PDF: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG%2021-02.pdf

Original opinion text

The full opinion as issued by the Office of the Kentucky Attorney General:

Commonwealth of Kentucky
Office of the Attorney General
Daniel Cameron, Attorney General
Capitol Building, Suite 118, 700 Capital Avenue, Frankfort, Kentucky 40601
March 31, 2021
OAG 21-02
Subject: The effective date of legislation passed during the 2021 Regular Session of the Kentucky General Assembly.
Requested by: Jay D. Hartz, Executive Director, Legislative Research Commission
Written by: James M. Herrick, Assistant Attorney General
Syllabus: Under Section 55 of the Kentucky Constitution, the effective date of legislation passed by the 2021 Regular Session of the Kentucky General Assembly, except for general appropriation measures and those containing emergency or delayed effective date provisions, is Tuesday, June 29, 2021, since 90 full days will then have passed after final adjournment on March 30, 2021.

Opinion of the Attorney General

On March 30, 2021, the 2021 Regular Session of the General Assembly adjourned sine die. Thus, the effective date of legislation, other than general appropriation bills and acts containing emergency or delayed effective date provisions, passed during this session is Tuesday, June 29, 2021.

Section 55 of the Constitution of Kentucky provides:

No act, except general appropriation bills, shall become a 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.

As used in Section 55, "until ninety days after the adjournment" means that the day of adjournment is excluded when calculating the 90-day period. It follows that the 90th day is included in the period so that 90 full days expire after final adjournment and before certain legislation passed during the session becomes effective. See OAG 19-005.

Under Section 55 of the Kentucky Constitution, the General Assembly having adjourned on March 30, 2021, sine die, it is the opinion of this Office that the first day of the 90-day period after the session is Wednesday, March 31, 2021, and the 90th day of that period is Monday, June 28, 2021. When that 90th day has expired, ninety full days will have passed after the adjournment sine die of the 2021 Regular Session of the Kentucky General Assembly. Thus, legislation (except for general appropriation measures and those containing emergency or delayed effective date provisions) passed during the 2021 Regular Session of the Kentucky General Assembly will be effective on Tuesday, June 29, 2021.

Daniel Cameron
Attorney General
James M. Herrick
Assistant Attorney General