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Publication of ordinances, effective dates
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upon passage by the quorum court and approval by the county judge. 14-14-908. Emergency ordinances or amendments. (d) Readings and Publication. An emergency measure does not require separate readings or publication prior to passage. There are three types of ordinances: general, appropriation and emer- However, publication shall be initiated gency. The timeframe for publication and their effective dates varies by within seven (7) calendar days, excepting type. So let us look at each one separately and the statutes that apply. Wes Fowler holidays, after approval of the emergency 14-14-905. Adoption and amendment measure by the county judge. GovernmentRelationsDirector of ordinances generally: (e) Voting Requirements. The passage (d) Approval and Publication. (1) (A) Upon passage, all ordinances or of emergency ordinances or emergency amendments shall be approved by the county judge within seven (7) days amendments to existing ordinances shall require a two-thirds (2/3) vote of unless vetoed and shall become law without his or her signature if not the whole number of justices comprising a quorum court. On the passage signed within seven (7) days. of every emergency measure, the yeas and nays shall be called and recorded (B) The ordinances or amendments shall then be published by the in the minutes of the meeting. county clerk as prescribed by law.(2) (f) Effective Date. An emergency (A) Approval by the county judge ordinance or emergency amendment shall be demonstrated by affixing his to an existing ordinance is effective immediately upon passage by the or her signature and his or her notaquorum court and approval by the tion of the date signed on the face county judge. of an original copy of the proposed t is very clear in the statute that apSo counties have ordinances which ordinance. must be published 14-14-905 (d) ( B) (B) This approval and authenticapropriation ordinances must have by the county clerk as prescribed by tion shall apply to all ordinances or law. Well what is the law? It is very amendments to existing ordinances the publication process started within two clear in the statute that appropriation unless the power of veto is invoked. ordinances must have the publication (e) Effective Date. (1) No ordidays of approval of the county judge. process started within two days (exnance or amendment to an existing cept for holidays) of approval by the ordinance other than an emergency county judge. It is also equally clear ordinance or appropriation ordifor emergency ordinances that the nance shall be effective until thirty publication process must be within (30) calendar days after publication seven days (excepting holidays) after has appeared. approval of the county judge. It is also (2) An ordinance or amendment to an existing ordinance may provide very clear that the county judge has seven days to take action on all ordifor a delayed effective date or may provide for the ordinance or amend- nances. The judge can either sign their approval or veto within the sevenment to an existing ordinance to become effective upon the fulfillment of day period or it will become law without the judgeâs approval. The county an indicated contingency. clerk will start the publication process depending upon the signature date A.C.A. 14-14-907. Appropriation or lack thereof within the proper time frame if the judge has not used their ordinances. veto. Regarding ordinances of the general nature, these are not an appro(d) Readings and Publication. An appropriation ordinance may be en- priation ordinance nor are they an emergency ordinance. The statute is acted without separate readings or publication prior to passage. However, not as clear with this type of ordinance; however, it has been the practice of publication shall be initiated within two (2) calendar days, excepting holi- most counties that publication start within seven days (except for holidays) days, after approval of the measure by the county judge. after approval of the county judge. This would seem to be the correct time (e) Voting Requirements. The passage of appropriation ordinances or since they are not immediately effective and the statute is silent on these amendments to existing appropriation ordinances enacted without sepa- type of ordinances. rate readings shall require a two-thirds (2/3) vote of the whole number The effective date is very clear. It is immediately upon approval by the of justices comprising a quorum court. On the passage of every appro- county judge for appropriation and emergency ordinances. For all other priations measure, the yeas and nays shall be called and recorded in the ordinances of the general nature, it is 30 days after publication unless statminutes of the meeting. ed otherwise in the ordinance. The otherwise stated date must however be (f) Effective Date. An appropriation measure is effective immediately at least 30 days after publication.
What is the time frame for publication of ordinances after passage by the quorum court and when do they become effective?
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COUNTY LINES, SUMMER 2012
