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2022 Op. Ark. Att'y Gen. 1 (2022)

handle is hein.sag/sagar0114 and id is 1 raw text is: Opinion No. 2021-099
January 6, 2022
The Honorable John Thurston
Secretary of State
Arkansas State Capitol, Room 256
500 Woodland Street
Little Rock, AR 72201-1094
Dear Secretary Thurston:
This is in response to your request for my opinion regarding the effective date of
legislation passed during the Second Extraordinary Session of the Ninety-
Third Arkansas General Assembly. Your request pertains to legislation that did
not carry an emergency clause or a specified effective date.
Acts of the General Assembly with no emergency clause or specified effective
date become effective on the 91st day after sine die adjournment of the session in
which they were enacted.1 This rule stems from Amendment 7 to the Arkansas
Constitution,2 which gives the people ninety days after the final adjournment of
the session to file referendum petitions.3 The day of adjournment is not counted,
as it is not a full day during which petitions may be filed. Additionally, if the
petition-filing deadline falls on a Saturday, Sunday, or legal holiday, the deadline
to file such petitions is the next day that is not a Saturday, Sunday, or legal
holiday.'
1 See Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980 (1941).
2 Codified at Ark. Const. art. 5, § 1.
s Id. (under Referendum).
4 See generally Richardson v. Martin, 2014 Ark. 429, *6, 444 S.W.3d 855, 859 (holding that the
deadline for a ballot-initiative petition that fell on a legal holiday must be extended to the next

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