Request By:
Mr. Vic Hellard, Jr.
Director, Legislative
Research Commission
State Capitol
Frankfort, Kentucky
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 16 in which you raise the following questions:
"Assuming that the General Assembly adjourns on April 15, 1980, would you please advise me as to the effective date of legislation.
"Do you anticipate any problems due to the fact that the effective date of legislation will fall after the beginning of the new fiscal year?
"We are reviewing all legislation, with special attention to that legislation containing appropriations, to determine if an emergency clause is needed."
In response to your initial question, we are of the opinion that ordinary legislation enacted at the 1980 Regular Session of the Kentucky General Assembly would become effective on July 15.
April 15, the day of adjournment, must be excluded which means that July 14 would be the 90th day following adjournment which must be included in computing the 90-day period of time, thereby making all ordinary legislation effective on July 15.
Our response to your second question would be in the negative. Regardless of whether the legislation becomes effective before or after the beginning of the next fiscal year, any reference to appropriations contained in the legislation must be anticipated and provided for in the budget bill for the next biennum; otherwise, it must be funded from whatever unappropriated funds surplus that may exist following its effective date.