Missouri Revised Statutes

Mo. Rev. Stat. § 1.130 (2026)

Effective date of laws

✓ current as of May 2026

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1.130. Effective date of laws. — A law passed by the general assembly takes effect ninety days after the adjournment of the session at which it is enacted; but if the general assembly recesses for thirty days or more, it may prescribe by joint resolution that laws previously passed and not effective take effect ninety days from the beginning of the recess, subject to the following exceptions:

(1) A law necessary for the immediate preservation of the public peace, health or safety, which emergency is expressed in the body or preamble of the act and which is declared to be thus necessary by the general assembly, by a vote of two-thirds of its members elected to each house the vote to be taken by yeas and nays, and entered on the journal, or a law making an appropriation for the current expenses of the state government, for the maintenance of the state institutions or for the support of public schools, takes effect as of the hour and minute of its approval by the governor; which hour and minute may be endorsed by the governor on the bill at the time of its approval;

(2) In case the general assembly, as to a law not of the character herein specified, provides that the law takes effect on a date in the future subsequent to the expiration of the period of ninety days herein mentioned the law takes effect on the date thus fixed by the general assembly;

(3) In case the general assembly provides that any law takes effect as provided in subdivision (1) of this section, the general assembly may provide in such law that the operative date of the law or parts of the law takes effect on a date subsequent to the effective date of the law.

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(RSMo 1939 § 659, A.L. 1945 p. 1114, A.L. 1957 p. 587)

Prior revisions: 1929 § 659; 1919 § 7067; 1909 § 8061

CROSS REFERENCE:

Effective date of constitutional amendments, Const. Art. XII § 2(b)

(1991) "Later in time" rule of statutory construction does not apply when sections are passed in the same legislative session and neither has an emergency clause. Berdella v. Pender, 821 S.W.2d 846 (Mo.banc).

Notes of Decisions

Cited in 10 cases, 1960–2016 · leading case: Anderson Ex Rel. Anderson v. Ken Kauffman & Sons Excavating, L.L.C., 248 S.W.3d 101 (Mo. Ct. App. 2008).

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Anderson Ex Rel. Anderson v. Ken Kauffman & Sons Excavating, L.L.C., 248 S.W.3d 101 (Mo. Ct. App. 2008). · cites it 8× “1 was December 14, 2005, under section 1.130, which provides that a law passed by the legislature takes effect ninety days after the adjournment of the session at which it was enacted.”

City of Harrisonville v. Pub. Water Supply Dist. No. 9, 129 S.W.3d 37 (Mo. Ct. App. 2004). · cites it 6× “The Court found that Article III, § 29 of the Missouri Constitution and § 1.130 RSMo 1986 created a uniform effective date for all laws passed by legislature.”

Berdella v. Pender, 821 S.W.2d 846 (Mo. 1991). · cites it 2× “Implicit in this provision is the recognition that the actual dates when the governor approves a bill or when the General Assembly passes a bill are not legally significant (except for “emergency” laws adopted in accordance with the provisions of Article III, § 29 of the…”

State ex rel. Nat'l Advert. Co. v. State High. & Transp. Comm'n, 703 S.W.2d 514 (Mo. Ct. App. 1985). · cites it 4× “Ill, § 29, and § 1.130(1), RSMo 1978, and if it is truly an emergency measure it does away with the ninety-day effective date of an Act after adjournment of the General Assembly, but the Act becomes effective upon passage and approval.”

Levinson v. City of Kansas City, 43 S.W.3d 312 (Mo. Ct. App. 2001). · cites it 2× “In Berdella , the Court stated that Article III, § 29 of the Missouri Constitution and § 1.130, RSMo 1986, “create a uniform effective date for all laws passed in the same session of the legislature.”

Adams v. Richardson, 337 S.W.2d 911 (Mo. 1960). “Defendant’s contention is overruled. Defendant says there was secondary evidence that the judgment was for alimony and the remarriage of Gladys pri- or to 1952 extinguished her right to further alimony as a matter of law under § 452.”

Updegraff v. Farmers Mut. Ins. Co., 782 S.W.2d 700 (Mo. Ct. App. 1989). · cites it 2× “…would be effective January 1, 1985 and not ninety days following the adjournment of the legislative session. See also § 1.130, RSMo 1978.”

Dykes v. Gentry Cnty., 193 S.W.3d 293 (Mo. Ct. App. 2006). “Ill, § 29; § 1.130, RSMo 1994. In particular, the amended section 53.”

Ivester v. Lee, 991 F. Supp. 1113 (E.D. Mo. 1998). “§ 1.130 (1994). Section 513.647 was enacted during the first regular session of the 87th Legislature in 1993.”

In the matter of the petition of Missouri-Am. Water Co. for approval to change its infrastructure Sys. replacement surcharge (ISRS), Missouri Pub. Serv. Comm'n v. Off. of Pub. Couns. (Mo. Ct. App. 2016). · cites it 5× “III, § 29; Section 1.130 RSMo. Dykes v. Gentry Cty., 193 S.”

— Mo. Rev. Stat. § 1.130(1) — 2 cases

Anderson Ex Rel. Anderson v. Ken Kauffman & Sons Excavating, L.L.C., 248 S.W.3d 101 (Mo. Ct. App. 2008). “1 was December 14, 2005, under section 1.130, which provides that a law passed by the legislature takes effect ninety days after the adjournment of the session at which it was enacted.”

State ex rel. Nat'l Advert. Co. v. State High. & Transp. Comm'n, 703 S.W.2d 514 (Mo. Ct. App. 1985). “Ill, § 29, and § 1.130(1), RSMo 1978, and if it is truly an emergency measure it does away with the ninety-day effective date of an Act after adjournment of the General Assembly, but the Act becomes effective upon passage and approval.”

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