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Frequently asked questions concerning the 2013 Session
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: With the regular session of the 89th General Assembly now underway, when do these acts
that are adopted by the legislature become law? Te general rule about when an act that is passed becomes law is as
follows: Some acts have a specified effective date in the law; if so, these acts are effective on that date. Many acts have an emergency clause, which make the act effective on the date it is signed by the governor or becomes law without the governor’s signature. Appropriation acts are effective the first day of the fiscal year. Te fiscal year for the State of Arkansas is July 1 – June 30. General acts that contain none of the above are effective 90 days after the general assembly adjourns “sine die.” [Latin, Without day.] Without day; without assigning a day for a further meeting or hearing. A legislative body adjourns sine die when it adjourns without appoint- ing a day on which to appear or assemble again.
A.C.A. 10-2-101. “Time for meeting.” “(a) (1) The General Assembly shall meet in regular ses- sion at 12:00 noon on the second Monday in January in each odd- numbered year. “(2) (A) However, in any odd-numbered year following the election of a nonincumbent governor, the General Assembly upon convening at 12:00 noon on the second Monday in January may remain in session only for such time not to exceed two (2) days as is necessary to open and publish the votes for various constitutional offices, to swear in the state consti- tutional officers and members of the General Assembly, to organize and select officers, and to otherwise prepare for the regular session. “(B) Te General Assembly may then stand in recess for a period not to
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exceed thirty (30) days. “(b) (1) Te General Assembly shall meet in a fiscal session at
12:00 noon on the second Monday in February of each even-numbered year to consider appropriation bills. “(2) A bill other than an appropriation bill may be considered in a fiscal session if two-thirds (2/3) of the members of each house of the General Assembly approve consideration of the non-appropriation bill.”
Constitution. Ark. Const. Art. 5, § 17 “§ 17. Duration of sessions. (a) A regular biennial session shall not exceed sixty (60) calen- dar days in duration, unless extended by a vote of two-thirds (2/3) of the members elected to each house of the General Assembly. Te regular bien- nial session shall not exceed seventy five (75) calendar days in duration, unless extended by a vote of three-fourths (3/4) of the members elected to each house of the General Assembly.
Q 12
: How long will the regular session last? Te guidelines for this answer can be found in the Arkansas
: When do the regular and fiscal sessions begin? Tis answer can be found in Arkansas Code Annotated.
“(b) A fiscal session shall not ex-
ceed thirty (30) calendar days in duration, except that by a vote of three-fourths (3/4) of the members elected to each house of the General Assembly a fiscal session may be extended one (1) time by no more than fifteen (15) calendar days. “(c) Provided, that this section
shall not apply when impeachments are pending.” [As amended by Const. Amend. 86.] So the answer to this question is some- what open ended. Using my experience in working with the legislature now going on 13 regular sessions it has lasted the full 60 days in all of these regular sessions. It has also been extended the additional 15 days with a two-thirds (2/3) vote of each chamber for all the sessions I can remember. However, Mr. Speaker of the House Davy Carter filed HCR1003 re- cently which would extend the session 30 days to May 17. In my opinion, this would require a three-fourths vote of each chamber. I think it would be safe to say it will last at the very least 75 days and it could possibly go longer, although going longer has not been the trend.
Wes Fowler Government Relations Director
: What is the difference between the regular session and fiscal session? Tis can also be found in Arkansas Code Annotated and there is a major
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difference between them. A.C.A. 1-2-208.”Fiscal session” and “regular session” defined. “As used in the Arkansas Code, an act of the General Assembly, and an initiated measure: “(1) “Fiscal session” means with respect to the General Assembly the legislative session in which the General Assembly may consider only ap- propriation bills under Arkansas Constitution, Article 5, § 5(c); and “(2) “Regular session” means with respect to the General Assembly the legislative session in which the General Assembly may consider any bill under Arkansas Constitution, Article 5, § 5(b).” “Regular sessions” in other words means they can introduce any bill, many of which will affect county government; thus the importance of keeping track of the various bills being filed and working with the legisla- tors to improve county government and not harm its operation. I have found it to be a much larger task in playing defense, keeping bad legisla- tion from passing, than in going in the offensive direction and trying to pass new legislation. I would encourage you to look at the legislative alerts that the AAC is sending out during this and all legislative sessions and to contact your legislators when those alerts ask you to do so. I also would encourage you to attend your organizations meetings and the follow-up sessions that will be conducted after the session is concluded concerning legislation that was passed by the 89th General Assembly and how it will affect your office.
COUNTY LINES, WINTER 2013
FAQs: Frequently Asked Questions
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