Frequently Asked Questions about Effective and Operative Dates of California Statutes

What is an effective date of a statute? A common definition of “effective date” is when the new law is “on the books.”

What is an operative date of a statute? A common definition of “operative date” is when the new law becomes operative or is implemented (which commonly, but mistakenly, is described as when the new law is “in effect”).

Can a bill create a delayed operative date? Yes, any bill can specify a delayed operative date.

Do some bills take effect immediately? Yes, there are certain types of bills that are deemed to be in effect upon enactment (i.e., when the governor signs them and the secretary of state assigns a chapter number). Therefore, unless the bill calls an election, contains an urgency clause, or is a budget-related or tax levy measure, one can presume the effective date of a new law is January 1 of the following year.

What is an operative date? An operative date is distinguished from an effective date. “A statute may be worded so as to provide for an operative date other than its effective date” 28 Ops. Atty. Gen. 20 (1956). An operative date, therefore, may be the same as the effective date (which is most common), or it may be different than the effective date. An operative day must occur after a statute’s effective date.

How have state courts viewed operative dates? According to a decision of the court of appeal in California, “unlike a statute’s effective date, which is determined according to immutable rules written into the state constitution, its operative date, the date upon which the directives of the statute are actually implemented, is set by the Legislature in its discretion.” People v. Verba (2012).

What is the general rule for the effective date of statutes? That rule is found in Section 9600(a), which provides that a statute enacted at a regular session shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute and a statute enacted at a special session shall go into effect on the 91st day after adjournment of the special session at which the bill was passed.

What are the exceptions to the general rule that a new statute takes effect on the following January 1? The exceptions to this general rule are found in Section 9600(b) of the Government Code, which provides that statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the state, and urgency statutes shall go into effect immediately upon their enactment.

What are some examples of effective dates? A non-urgency bill enacted on September 5, 2023 would take effect on January 1, 2024. A non-urgency measure, however, that is enacted in the second year of the two-year session would go into effect on January 1 following a 90-day period from the date of enactment. By contrast, statutes enacted at a special session take effect on the 91st day after the adjournment of the special session at which they were passed.

Why does the California Constitution require most bills to have an effective date after 90 days? The delay in the effective dates of the statutes enacted at regular and special sessions provide a 90-day interval between the enactment and the effective date of the statute as is required by the Constitution in order to permit the circulation and presentation of a referendum petition requesting that the statute, or a part of it, be submitted to the electorate.