Hon. Vic Hellard, Jr.
Legislative Research Commission
Room 300, Capitol Building
Frankfort, Kentucky 40601
RE: Effective Dates of Legislation Enacted During the 1993
First Extraordinary Session. AGO Corr. No. 93-(O)-326
Dear Mr. Hellard:
By letter of February 24, 1993, you ask that this office issue an opinion concerning the
normal effective date of legislation enacted during the 1993 First Extraordinary Session of the
General Assembly, which adjourned sine die (finally for the session) on Tuesday, February 16,
1993. You also ask that our opinion indicate the effective date of Senate Bill 7 (1993 [1st Extra.
Sess.] Ky. Acts ch. 4), passed during the session with an emergency provision, as well as certain
dates in a "transition schedule" contained in that legislation.
Extraordinary sessions of the General Assembly are authorized by Section 80 of the
Constitution of Kentucky.
The effective date of legislation is governed by Section 55 of the Constitution of
Kentucky, which 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 justified this action must be set out at length in the
journal of each House.
The language "ninety days after adjournment" (emphasis added), quoted above, indicates
that the day of adjournment sine die, February 15, 1993, must be excluded in computing the 90
day period set forth in the above cited Constitutional provision, and that the 90th day, here
May 17, 1993, through the end of that day, must be included. See Opinion of the Attorney
General (OAG) 89-1, and OAG 91-38. It is the opinion of this office that the "normal" effective
date for legislation enacted during the 1993 First Extraordinary Session of the Kentucky General
Assembly, that is, the effective date for legislation which does not contain an emergency
provision or a delayed effective date, is May 18, 1993.
Senate Bill 7, 1993 (1st Extra. Sess.) Ky. Acts ch. 4, the "Kentucky Code of Legislative
Ethics," you indicate, contained an emergency clause (Section 92). Accordingly, in keeping with
Section 55 (above) of Kentucky's Constitution, the Act as a whole became effective when the
Governor tendered the bill, which he had signed, to the Secretary of State on the afternoon of
February 18, 1993, thus completing the last act in such regard which he had the power to
perform. Constitution of Kentucky, Sections 88 and 91, Johnson v. Sampson, 232 Ky. 648, 24
S.W.2d 306, 310 (1930); Royster v. Brock, 258 Ky. 146, 79 S.W.2d 707, 711 (1935).
Your letter points out that Section 87(13) of SB 7 makes the majority of the bill effective
two hundred ten (210) days after the effective date of this Act," and that earlier subsections
within Section 87 establish a "transition schedule' with other specific dates calculated from the
effective date of the Act. This "transition schedule" is actually a listing of deadlines within which
certain actions called for in Section 87 of the Act are to be completed. You thus ask, in
substance, that we indicate the dates of the various deadlines in accordance with the terms set
forth in Section 87 of Senate Bill 7.
As the terms in question call for computation of a time period, Kentucky Revised Statutes
(KRS) 446.030 is applicable. Subsection (1)(a) of that statute provides, in part pertinent here,
In computing any period of time prescribed . . . by any applicable statute . . . the
day of the act . . . after which the designated period of time begins to run is not to
be included. The last day of the period so computed is to be included, unless it is a
Saturday, a Sunday, a legal holiday or a day on which the public office in which a
document is required to be filed is actually and legally closed, in which event the
period runs until the end of the next day which is not one of the days just
mentioned . . . .
Upon application of the above provision, it follows that requirements to be completed
within the periods listed below, in view of the effective date of the Act in question being
February 18, 1993, must be completed by midnight on the dates indicated:
Within forty-five (45) days of the effective date of this act = on or before April 5,
1993, since the 45th day is Sunday, April 4.
Within sixty (60) days of the effective date of this act = on or before April 19,
Within seventy-five (75) days of the effective date of this act = on or before
May 4, 1993.
Within ninety (90) days of the effective date of this act = on or before May 19,
Within one hundred fifty (150) days of the effective date of this act = on or before
July 19, 1993, since the 150th day is Sunday, July 18.
Within one hundred eighty (180) days of the effective date of this act = on or
before August 17, 1993.
Two hundred ten (210) days after the effective date of this act = September 16,
Gerard R. Gerhard
Assistant Attorney General