Arkansas

Ag opinion

10,292 sections

84-001Ark. Stat. Ann 66-3308 Supp l983 Amendment 60 to Ark. Const., Bishop v. Link- way Stores, Inc., 280 Ark. 106 (1983). Classification of Insurance Interest Rate Successive Loan Applications, etc.
85-001Can the state land Commissioner transfer title of tax forfeited land to a state institution, particularly Southern Arkansas University under Ark. Stat. Ann. 10-904? A.C.A. 22-6-501. ANSWER: No. The land must adjoin the university for this statute to be applicable, and the land here is not adjoini
85-002Are the following expenses legal expenditures of the county road fund or the municipal street fund -- street lights, a percentage of the recorder/treasurers salary, county judge or mayors salary or car allowance, a loan of funds to the county general fund or municipal general fund? May the County j
85-003Whether guardianship of children granted to a child care facility exempts the facility from board licensure requirements. RESPONSE: No. A.C.A. 20-78-202
85-004Whether Interim Study Proposal 83-118, which provides that after July 1, 1987 no person shall assess property for ad valorem taxation purposes unless certified by the Arkansas Tax Assessor's Certification Board would be constitutional. RESPONSE: Yes.
85-005The county levied the school, municipal and county taxes at its regular meeting in November, but omitted a part of the city millage. Actually, this millage was never properly adopted by the city. Is the municipal millage zero? Or does the old millage carry over from last year? Can the Quorum Co
85-006Can both the hamburger tax on the sale of hotel and restuarant services and the private clubs tax apply to the gross receipts of a private club which sel ls prepared food for comsumption on the premises. 26-75-602 3-9-221 3-9-222, 3-9-223, 3-9-224 and 3-9-225.
85-007Act 171 of 1985 11-3-203 Is this statute which prohibits an employer from making a job applicant pay for a pre-employment medical examination or physical exam applicable to municipal corporations? Yes.
85-009This opinion involves many questions surrounding fire fighters pensions, disability, widows rights, and the contributions by the department and the individual firefighters.
85-010Use of emergency lights on police, fire and other emergency vehicles. Is 27-36-301 et seq exclusive as to the regulation of the use of emergency lights on these types of vehicles?
85-011Is Juvenile Court required to release information to adult courts concerning an adult defendant's history of delinquency for the purpose of probation and/or presentence reports? 9-27-363 5-4-102 Yes.
85-012Act 6l7 of l983 Does this act require the training of Probation Offic ers through the Arkansas Law Enforcement Training Acedemy? 16-93-103
85-013Foster handicapped Child--where should they attend school. Can such a child whose parents live in one district, but it lives in another attend school where the child resides? 6-20-501 et seq. Yes.
85-014Is the Governor responsible for setting executions, etc.? 16-90-507. Can he grant a reprieve by failing to set an execution date? Is 16-90-507 mandatory or directory?
85-015Whether State Hospital licensure statutes allow psychologists to practice independently in hospital settings, etc. 20-9-214, 20-9-215 20-10-214 20-9-205 20-10-216
85-016Can an animal control officer issue a summons or citation requiring a court appearance in a city court? ANSWER: He can issue a citation, but not a summons. A.R.Cr. P. Rule 5.1 (a) and (b).
85-017Act 68 of l983, Compensation plan for State employees, etc. Are employees who are employed as classified state employees prior to July 1, 1983, and who were subsequently promoted, required to serve two years from the date of promotion before they may be awarded a normal step increase? Yes.
85-018Students attending non-resident districts. Can they return to their resident districts, etc.? Can they continue to attend in their nonresident district? Act 111 of 1983 (1st Ex. Sess) 6-18-205
85-019Annexation of schools in dissolved districts, etc. Saline County Board of Education v. Hot Springs County Board of Ed. 6-15-201 et seq. Act 445 of 1983 Annexing dissoved school district territory across county lines. Can the receiving school district board reject the an
85-020Unlawful passing of school buses, etc. This opinion engages in a discussion of the constitutionality of rebuttabal presumptions.
85-021What is the impact of Ark. Stat. Ann. l3-l402 (ACA 19-10-204 to 206) on the administration of Ark. Stat. Ann. 62-1824, etc.? Answer: ACA 19-10-204 to 206 regarding jurisdiction of the Claims Commission does not conflict with the procedures under ACA State 28-13-110 for a rightful heir to claim
85-022Act 626 of l983. Delinquent Taxes. Is the 10% simple interest provided for in this act which is to be paid by a tax delinquent land redeemer, in addition to the ten percent penalty? ANSWER: Yes. 26-37-101 et seq. 26-37-201 et seq, and 26-37-301 et seq.
85-023Can State Agencies carry over encumbered monies from year to year? May a state agency require a vendor, who has breached on a scheduled (pre-fiscal year end) delivery date, to reimburse that agency for funds it was unable to expend (in the prior fiscal year) as a direct result of that breach? ANSW
85-024Autonomy of the Board of the Ark. School for the Blind and the School for the Deaf.
85-025May Director of Office of State purchasing amend a usurious contract to conform with the current interest limit? If so, may the vendor be excused for any penalties for such an infraction? ANSWER: Probably yes.
85-026Act 34 of l983--Paying of School personnel etc. Is the act which requires that school teachers receive at least seventy percent of the districts net current revenues (tax dollars) constitutional? ANSWER: Probably yes.
85-027Whether the proposed amendment to the prepaid funeral expense law will operate to prevent the income and principle from being subjected to attachment, garnishment, execution or from becoming a part of the bankruptcy estate? ANSWER: Act 78 of 1961, Act 604 of 1983, ACA 23-40-101 et seq. The answer
85-028Act 436 of l987--Retirement from Stat supported Colleges. Under this act, can a college board establish two or more alternate retirement plans and permit employees to chose? What about plan established by the Vocational Education Board under Act 480 of 1983? ANSWER: Yes.
85-029Whether meeting of officers or directors of a property owners association comes within the purview of the Freedom of Information Act (FOIA). Yes.
85-030Act 76 of l983. What teachers of school personnel are tested for certification. Must person holding positions as substitutes, bus drivers, ect., be tested or lose their certification? ANSWER: If they are certified, yes.
85-031Can Deputy County Tax Collector also serve on the County Board of Education? No. 6-12-101
85-032Does SB 330 violate Art. 5, Sec. 20 of Ark. Constitution of 1874? Does this proposed act, which submits all highway commission contract disputes to arbi- tration, violate our constitution? ANSWER: No.
85-033Is the Pollution Control and Ecology Commission subject to the Administrative Procedures Act? 25-15-210 et seq. Yes definitely
85-034Would proposed new criteria violate memorandum and order of Judge Eisele's entry in Wessel v. Pryor? Mental health, State hospital, involuntary commit- ment.
85-035Whether one person can serve as municipal judge and juvenile court referee simultaneously? No.
85-037Application of Act 626 of l983 to the sale of forfeited lands. Must notice be sent by certified mail? ANSWER: Yes, and must include the sale date sale of Tax delinquent lands by the land commissioner. 26-37-101 et seq 27-37-201 et seq.
85-038Certain court costs in Police Courts in Ark. Can a police court charge the three dollar fee authorized by 16-17-113 or 21-6-409? NO and yes. And cities in the county must approve the levy of court costs to support a public defender system in the county.
85-039Does school district have to file copy of contracts, if so with whom? ANSWER: If the office of county school supervisor has been abolished, then the contracts should be filed with a secretary employed by the County Board of Education or by the respective school superintendent. 6-12-204 6-12-20
85-040When standards for accreditation of Ark. School as adopted by the State Bd. of Education will become effective. Act 445 of 1983, The answer is June 1, 1987. 6-15-201 et seq.
85-041What authority does a juvenile referees have to find a juvenile in contempt and jail him for failure to attend school as ordered? None. 9-27-342 9-27-353
85-042Assuming weighting for vocational technical schools, special education and gi fted and talented programs are constitutional, would weighting for small schools also be legal? No. School Funding. Minimum Program Foundation Aid.
85-043Whether the Natural Heritage Commission is eligible to enter into a limited authorities cooperative agreement for the conservation of plants? Answer: Yes if certain criteria are met. ACA 15-20-301 et seq; 16 U.S.C. 1531 et seq.
85-044Would teacher not taking test have her certificate revoked? ANSWER: No the penalty is that a certificate will not be renewed. It is good until it expires. Act 76 of 1983 (Ex Sess.) Teacher testing.
85-045Applications for 3-mill county road tax etc. Can a quorum court levy the 3 m mill county road tax pursuant to Amendment 61 after the county has gone through reappraisal and rolled back its millage under Amendment 59? Yes. See Op. No. 84-139
85-052Can Justices of the Peace who serve on the Quorum Court respective committees draw an hourly wage for time spent in committee work in addition to receiving compensation for the regular meetings and per diem pay for travel? Answer: No. ACA 14-14-1205 14-14-1207
85-053Are charges for medical services performed prior to the adoption of Ark. Stat . Ann. 37-245 (Supp. 1983) limited to the 18 month statute of limitations per iod set out by that Act? 16-56-106 No. 16-56-105
85-054The Uniform Attendance and Leave Policy Act-- Whether the two weeks leave granted state employees for annual military training is calculable in calendar days or work days. Act 567 of 1975 21-4-212 Answer: 2 work weeks, ten working days.
85-056Can the Game and Fish Commission impose different treatment on landowners within a wildlife management zone? Yes. Amendment 35 to the Arkansas Constitution, Art. 2, sec. 22
85-057Is it prohibited for a person to be both a non-law enforcement employee with sheriff's office and the Municipal Court Clerk of County jurisdiction? Yes. 14-14-1202
85-058How are poll workers compensated for the extra time involved in processing the ballots of a general election that include city ballots? Who has the authority to determine the amount of extra compensation? ANSWER: The quorum court of the county. See 7-5-104 7-5-315 7-4-112
85-059Who is eligible to vote in a school district election? Are polling sites for general elections the same as those for school district elections? Are the ballots cast by the Caraway residents invalid? 6-14-108 Persons eligible to vote in general election are qualified to vote in school d
85-060Is the visiting of graves of deceased relatives as outlined in the proposed amemdment a "recreational purpose" as defined in Section One of House Bill 123? This opinion does not state the subject matter of these bills, but includes some good case law definitions of the word "recreation" a
85-061Is the Arkansas gallonage tax on wines constitutional in light of recent U.S. Supreme Court decisions? Answer: No. The tax violates the interstate commerce clause, in that Arkansas wine is taxed less than "nonnative" wine. ACA 3-7-104; 3-5-409.
85-062Is Federal law enforcement officer with power of arrest conferred by federal law a "law enforcement officer" within the definition of Rule 1.6(a) of the Rules of Criminal Procedure? Yes. 5-1-102 16-85-401 16-81-106 12-9-106
85-063Act 527 of l983. Is this act, which allows persons 18 years of age and older to sell or handle beer and cooking wine (alcohol) sold at retail grocery stores doing a gross business of two million or more, constitutional? [3-3-204] RESPONSE: Yes. Equal protection.
85-064Can a county enact an ordinance requiring all nonresidents wishing to camp on public or private property for recreational purposes to apply for and obtain a permit and to pay a fee for this permit? Answer: Probably not. ACA 14-14-801.
85-065Act 763 of l977. Questions concerning the City County Tourist Meeting and Facilities Assistance Law. Is the eighty percent reimbursment authorized in this act intended to apply to both bonded obligations and all other expenditures; or just bonded obligations or just other expenditures?
85-066Driver's license suspended for DWI--during the time of the suspension does he have a legal rights to operate any type of motor vehicle, including motorcycles and motor driven cycles? Act 549 of 1983 819 of 1979 Act 201 of 1959 5-65-101 et seq 27-20-101 et seq. Yes.
85-068HB 7l4 which would Limit or discourage advertising by opticians, is it constitutional? Would it violate the First Amendment freedom of speech rights? If the disclosure required of optical advertisments is too long and burdensome, it might be constitutionally suspect.
85-069Must isolated school districts still meet the minimum standards imposed by Act 445 of 1983? Yes. Act 64 of 1983 (Ex Sess.) 6-15-201 et seq. 6-20-602
85-070Juvenile and Youthful offenders. Can the City of Stuttgart set up a program whereby juveniles and youthful offenders could be placed in a work program rather than being fined? Yes. The Alternate Service Act. 16-93-501 et seq. 9-28-201 9-27-432
85-071School Districts entering into a long agreement over a term of several years May a school district enter into such an agreement to obligate the district to financial payments in each separate year of the agreement? 6-20-402 Probably not.
85-072What is legal authority of City Attorneys? Do they have authority to prosecute defendants in Circuit Court on appeals from Municipal Court convictions for violations of state law? Do they have any legal obligation to do so? If not, then whose responsibility is it? No. Prosecuting
85-073Does a county judge have the exclusive power to operate the system of county roads? Does a county judge have the exclusive power to authorize and approve disbursement of appropriated county funds? Does the judge have the right to decide which equipment the county purchases provided it is purc
85-074"Drug Buy" fund for under cover purchases. Does the Uniform Controlled Substances Act authorize the establishment of a "drug buy" fund from money confiscated under the act? 5-64-505 Yes. Drugs, narcotics
85-075Local governmental Anti-Trust Act of l984. Are school districts governmental entities protected by this act? Yes.
85-076Can the Chief Justice of the Supreme Court, acting pursuant to section 22-142 temporarily assign a Circuit judge from another district to hold court in the county of a disabled judge? No. 16-10-101 Ark const. art. 7 22 and Ark const Art. 7 sec. 21. 16-14-104
85-077Whether the language of House Bill 487 which says "shall seek to invest not less than five percent nor more than ten percent of their portfolio in Arkansas investments" is mandatory or permissive. It is mandatory. Good discussion on construction of the word "shall". Retirement?
85-078Does any agency of state or county government have the right and authority to destroy stray dogs which have not been vaccinated for rabies? Answer: Generally no, not unless they clearly constitute a danger to persons or other animals. ACA 20-19-202.
85-079Volunteers in Courts organization. Whether the Volunteers in Court, a non profit corporation, could be held liable if one of its referrals were injured or injured someone else on the job. Question of fact. Involves soverign immunity, charitable immunity. Negligence
85-080Annexation of adjoining school district. If both districts to the annexation consent, does the County Board of Education have any discretion to deny the request for annexation? Act 61 of 1983 (Ex. Sess.) 6-15-207 No. This case involves failure to meet minimum standards.
85-081Enterprise Zone Act of 1983. This opinion involves the exemption in Act 740 of 1983 of sales and use taxes on purchases of materials used in the construction of buildings for qualified business enterprises. Can contractors get refunds of taxes already paid? RESPONSE: Only if he has not passed
85-082Proper method of jury selection. May a venire for example for an October term of court to be selected by computer from the then current voter registration list or must the computer only be used in the compilation of the master list which is made up in October or November of each year?
85-083Death or sickness in family of inmate. Does the Department of Correction have the authority to grant a temporary release to an inmate as a reward for good conduct and not for any of the purposes described in Section 13 of Act 50 of 1968 (Ex. Sess.) (12-29-104). RESPONSE: Yes.
85-084Governor's Scholarship Fund. Would students who graduate from private schools in Arkansas be eligible to participate in the Governor's Scholarship Program, and would Arkansas students who graduate from out-of-state public or private schools be eligible to participate in the program? Act 176 of 198
85-085Assessing taxes on personal property in a school district. Can the tax assessor legally assess personal property in a school district other than or different from the district in which the property owner resides? Stated another way, must the personal property of a taxpayer be assessed in a
85-086Status of real estate owned by Western Ark. Counseling and Guidance Center. Is its property tax exempt? Art 16 sec. 5 Public property used exclusively for public purposes. This is a fact question for the local assessor.
85-087Fees HB 419 - Whether the city of Heber Springs can enact an ordinance allowing it to go five miles outside the city limits for planning and zoning purposes, and whether it can charge a fee for this service? Yes, but can't charge a fee.
85-088Can a county quorum court initiate and pass an ordinance which would increase the $75 fee by an amount of $5, the proceeds of which would be directed toward an indigent care fund for the county? Answer: Can't increase the $75 maximum, but could charge a separate $5 fee. Act 898 of 1983; ACA
85-089Act 76 of l983 Requirement for Teachers. If a teacher's certificate expires prior to taking the competency test what happens? Will the teacher be granted a temporary certificate? No. Not eligible for recertification. Act 76 of 1983 teacher testing
85-090Act 76 of l983 Requirement for Teachers. Would teachers employed by a private non-profit corporation which subcontracts with a school district to provide educational services to school age children with developmental disabilities have to comply with this act? Teacher testing. No.
85-091Invitations to bid for sale of County property. Whether a mandatory repurchase provision in an invitation to bid is legal. No. 14-16-105
85-092Can dog catcher issue citations for violations of city ordinances? 14-54-1101 12-9-102
85-093Can person under l8 be charged with contributing to the delinquency of anoth er person under l8. 5-27-220 9-27-367 No.
85-094Whether a criminal defendant's name should be removed from the criminal court book index when his record is expunged, and a separate index established to conincide with the sealed record book. Should not be destroyed , but masked. Could establish as separate index. 16-93-502 16-93-301
85-095School Elections Is there anyway for the Malvern Special School District to hold another school election this year with the millage on the ballot? No. Amendment 40 Amendment 11 Art. 14 sec. 3.
85-096Act 357 of l985--Does the wording of this act require equal treatment between inside city customers and outside city customers, and if so, does this preclu de the use of discounts, rebates, franchise taxes, or toehr pricing schemes w hich result in unequal rates being charged outside city customers?
85-097Maintaining voter registration, who does this? Do the statutes allow the circuit clerks and circuit judges to use in house or contracted computer equipment to select jury panels from the voter registration lists maintained by the county clerks? See Op. No. 85-82 16-32-103 16-32-1
85-098Retirement of State Police. Is a motion of the Board of Trustees designating the last 36 months of employment the time frame to be used in calculating final average salary consistent with the law? Yes, the statute requires benefits to be calculated on the basis of the last three yea
85-099Rights of school district to use school funds for accreditation of public schools. May "Chapter 2" funds be used by local school districts in Arkansas to meet minimum standards under Act 445 of 1983? No. Education Consolidation and Improvement Act 6-15-208
85-100FOIA/Access to documents of the County Judge. Does a justice of the peace have the same access to any documents of the county judge? Yes. If a private company has applied for public dollars and receives these monies does the public have a right to review their application? Wh
85-101Is it a conflict of interest for a newly elected member of the county quorum court to also be a VP of Sales and/or hold some office with Riggs Tractor Company (a company which does business with the county)? 14-14-1202 Conflict of interest does exist.
85-102Can school fund appropriated for specific purposes such as teachers salaries and maintenance be used for paying a judgment imposed against a school district? ANSWER: NO. Arkansas Constitution, Art. 14 sec. 3, Amendment 11 and Amendment 40. School taxes may only be appropriated for the purposes fo
85-103Deferred Compensation Plan. This opinion concerns the rights of state employees in the event an inusurance company which sells the state annuity contracts goes into bankruptcy or rehabilitation. The employees have a limit ed right under 21-5-510 to the amounts not yet expended by the state to
85-104Ark. Stat. {19-2204, 9-2221.1 Firemen's Pension. Since overtime pay cannot be used in the calculation of pension benefits under 24-11-818m can the employee fireman and the City stop withholding the six percent from overtime pay that they are presently putting into the pension fund? No. 24-11-816
85-105Representation of Logan County Judge. Who represents the County Judge? Ordinarily, the prosecuting attorney, but if the prosecuting attorney represents conflicting interests of the quorum court, then the county judge may have to employ his own counsel 14-14-902, by ordinance, and may att
85-106School Board contracts -- If a school board makes a contract in February to extend an existing contract and grant a raise to the superintendent and principals, by a majority vote of the existing school board, can a newly elected board, during the March meeting, by majority vote, disappr
85-107If School District "A" has a higher millage rate than School District "B" and School District "A" is found to fail the minimum standards for accreditation and is annexed to School District "B," and then a new millage rate of the combined schools higher than School District "B" had at the time of the
85-108What is the effective date of the acts passed by the 75th General Assembly which did not carry an emergency clause or on which the emergency clause did not pass? What will the deadline, both day and hour, be for filing petitions to refer an Act passed by the 75th General Assembly? RESPONSE: Ame
85-109Popular name and ballot title; Repeal of Act 456 of 1985 (gasoline tax, etc.)