OAG 88-21 | KOGC

Request By:

Mr. Vic Hellard, Jr.
Director, Legislative
Research Commission
Room 300, State Capitol
Frankfort, Kentucky 40601

Opinion

Opinion By: Frederic J. Cowan, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General

This is in response to your letter of March 14, 1988, in which you present the following question:

"If the 1988 Regular Session of the General Assembly adjourns sine die on Friday, April 15, 1988, what will be the effective date for legislation which does not contain an emergency clause or special effective date?"

In response to the above question, we are of the opinion that ordinary legislation adopted at the 1988 Regular Session of the Kentucky General Assembly will become effective on July 15, 1988.

In determining the effective date of ordinary legislation, April 15, 1988, the day of adjournment, must be excluded which means that July 14, 1988, would be the 90th day following adjournment which day must be included in computing the 90-day period of time provided in Section 55 of the Constitution, thereby making all ordinary legislation effective July 15, 1988. Cf. OAG 72-195 and KRS 446.030.

LLM Summary

In OAG 88-21, the Attorney General responded to an inquiry about the effective date of legislation passed during the 1988 Regular Session of the Kentucky General Assembly without an emergency clause or special effective date. The opinion concluded that such legislation would become effective on July 15, 1988, based on the constitutional 90-day period calculation post-adjournment. OAG 72-195 was referenced to support the interpretation of the effective date calculation.

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