Frequently Asked Questions

Publication of ordinances, effective dates

FAQs: Frequently Asked Questions

Q: What is the time frame for publication of ordinances after passage by the quorum court and when do they become effective?

There are three types of ordinances: general, appropriation and emergency. The timeframe for publication and their effective dates varies by type. So let us look at each one separately and the statutes that apply.

14-14-905. Adoption and amendment of ordinances generally:

(d) Approval and Publication. (1) (A) Upon passage, all ordinances or amendments shall be approved by the county judge within seven (7) days unless vetoed and shall become law without his or her signature if not signed within seven (7) days. (B) The ordinances or amendments shall then be published by the county clerk as prescribed by law.(2) (A) Approval by the county judge shall be demonstrated by affixing his or her signature and his or her notation of the date signed on the face of an original copy of the proposed ordinance. (B) This approval and authentication shall apply to all ordinances or amendments to existing ordinances unless the power of veto is invoked. (e) Effective Date. (1) No ordinance or amendment to an existing ordinance other than an emergency ordinance or appropriation ordinance shall be effective until thirty (30) calendar days after publication has appeared. (2) An ordinance or amendment to an existing ordinance may provide for a delayed effective date or may provide for the ordinance or amendment to an existing ordinance to become effective upon the fulfillment of an indicated contingency.

A.C.A. 14-14-907. Appropriation ordinances.

(d) Readings and Publication. An appropriation ordinance may be enacted without separate readings or publication prior to passage. However, publication shall be initiated within two (2) calendar days, excepting holidays, after approval of the measure by the county judge. (e) Voting Requirements. The passage of appropriation ordinances or amendments to existing appropriation ordinances enacted without separate readings shall require a two-thirds (2/3) vote of the whole number of justices comprising a quorum court. On the passage of every appropriations measure, the yeas and nays shall be called and recorded in the minutes of the meeting. (f) Effective Date. An appropriation measure is effective immediately

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. However, publication shall be initiated within seven (7) calendar days, excepting holidays, after approval of the emergency measure by the county judge. (e) Voting Requirements. The passage of emergency ordinances or emergency amendments to existing ordinances shall require a two-thirds (2/3) vote of the whole number of justices comprising a quorum court. On the passage of every emergency measure, the yeas and nays shall be called and recorded in the minutes of the meeting. (f) Effective Date. An emergency ordinance or emergency amendment to an existing ordinance is effective immediately upon passage by the quorum court and approval by the county judge. So counties have ordinances which must be published 14-14-905 (d) ( B) by the county clerk as prescribed by law. Well what is the law? It is very clear in the statute that appropriation ordinances must have the publication process started within two days (except for holidays) of approval by the county judge. It is also equally clear for emergency ordinances that the publication process must be within seven days (excepting holidays) after approval of the county judge. It is also very clear that the county judge has seven days to take action on all ordinances. The judge can either sign their approval or veto within the sevenday period or it will become law without the judge’s approval. The county clerk will start the publication process depending upon the signature date or lack thereof within the proper time frame if the judge has not used their veto. Regarding ordinances of the general nature, these are not an appropriation ordinance nor are they an emergency ordinance. The statute is not as clear with this type of ordinance; however, it has been the practice of most counties that publication start within seven days (except for holidays) after approval of the county judge. This would seem to be the correct time since they are not immediately effective and the statute is silent on these type of ordinances. The effective date is very clear. It is immediately upon approval by the county judge for appropriation and emergency ordinances. For all other ordinances of the general nature, it is 30 days after publication unless stated otherwise in the ordinance. The otherwise stated date must however be at least 30 days after publication. Wes Fowler Government Relations Director “It is very clear in the statute that appropriation ordinances must have the publication process started within two days of approval of the county judge.”