Is Act 287 of 1985, or 6-63-303 constitutional? This provision enables school districts to enter into contracts with teachers for nine months but pay them on a twelve month basis. RESPONSE: The statute is constitutional, but may create a problem under the General Accounting and Budgetary Procedur

_ STATE: OF. ARKANSAS GEFIGE THE’ ATTORNEY.GENERAL . 201 EAST MARKHAM-STREET patra ~ HERITAGE. WEST. BUILDING . ATTORNEY GENERAL _ poe ~ LITTLE ROCK; "ARKANSAS 72201 ' OPINION: NO, 862194. . April 29, 1986 © as." nd The. Honorablé: “Bilt, ‘Walters State Senator. an te PZ-0. Box (280°: - Greenwood, Arkansas 72936 boar’ Senator Watters! v This: is in response. to. your opinion request on the validity of: Act 287° of; :1985% - According to your opinion request, a . question has atisen: on whether Act 287 of 1985 might be in conflict with -certain constitutional provisions which would render it ineffective. : Act 287 of. 1985: "4 <dodified' at 80-5605.1 (Supp. 1985) and provides as follows: Any . Institution oF. “Higher Education may, at the option of its Board of Trustees, enter into contracts for the . hiring of nine’ month and part-time employees to provide payment of - afriual, salaries on the basis of twelve (12) ee. ‘monthly. . instaliments: In no case shall the nstallments under such contracts commence earl inthe .first day. of the month in which said employee begins, work, ; og this Office that the provisions “of. Act Lot in’ conflict with the Arkansas Constitu- It is. “the “opi: - 287-08 1985, - tion and, :i substantive.” ions. _Y problem is created, however, by Ark. Stat, ‘Anne §80- =5602 (Suppl: 1985) which provides that, 2 The. provisibns: ‘of .this Act [$§80-5601 - 80-5611] shall. be:applicable. ‘to all publicly supported Institutions of . wee Higher | Education | in this’ State and shall not supersede Tue Honorable Bill Walters April 29, 1986 Page 2 the provisions of the General Accounting and Budgetary Procedures Law, the ‘Uniform Classification and Compensation Act, .the State Purchasing Law or other fiscal control laws of this State and their successors. As the memorandum attached to your opinion request reflects, officials from the Department of Finance and Administration and Legislative Audit are concerned that the procedural aspects of Act 287 of 1985 create conflicts with the General Accounting and Budgetary Procedures Law. Specific concerns include prepayment for services not yet rendered and prohibitions against payment for services rendered in different fiscal years. With the passage of §2 of Act 287 in 1985, however, any such prohibitions are not. superseded. Despite the apparent conflict with these fundamental tenets of state accounting practice, state officials have developed methods which give full effect to the spirit of Act 287 of 1985. Furthermore; this Office has been informed that legislation is being developed to eliminate the conflicts ‘referred to. ° Hence, inasmuch as full effect is being given to the spirit of Act 287 of 1985, this Office need not address the specific question of whether there exists in the statutes a conflict with the state's general accounting laws. . The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General C. Randy McNair, ill. LV ba wees ag vet tbr dept ned ay wot AT symm aris woagk FeeU UN & ad Mowe Ne toe be a Sincerely, . ee _ STEVE CLARK mt Attorney General JSC: CRM: jk -