Arkansas

Ag opinion

10,292 sections

85-110Does the term "local agencies," as used in Act 222 of 1985, refer to counties and municipalities? RESPONSE: No. 19-9-501 This act provides for the annual reporting to the State Board of Finance upon revenue bonds issued by "local agencies".
85-111This opinion deals with the establishment of education service cooperatives. 6-13-1001 et seq. 6-13-901 et seq. Answer: At least until 1990 the boundaries of education service cooperatives must meet the criteria of Act 349 of 1985. The board of directors of each cooperative is em
85-112Is Act 418 of 1985 constitutional? This act governs advertising by opthamalic dispensing firms, opticians ect. Concludes it is constitutional. This act does not appear in the new code but was "omitted". See also Opinion No. 85-068 which concludes that a similar act may or may
85-113Quitman School District millage. The school superintendent certified the wrong millage to the county clerk, and it was levied. The school district then notified the clerk that the correct millage should have been higher. Can the county charge the landowners an additional amount for the
85-114When a member fails to designate a beneficiary upon reenrollment as a member of the system, after having received a refund of all the contributions she had paid to the system during previous membership, is the person designated as beneficiary during such previous membership period still the va
85-115Act 866 of l985 Worker's Compensation. Can an individual city or county elect to individually self insure its employees and officials for workers' compensation, or does the measure require the cities and counties to either obtain insurance from a private carrier or join with other cities and c
85-116Is an outstanding student loan discharged in a bankruptcy proceeding? ANSWER: Probably not. 11 USC sec. 523(a)(8). Not unless it first became due five years before the date of the filing of the petition; or if excepting the debt from discharge will impose an undue hardship on the debtor.
85-117May Act 372 of l983 be applied retroactively to cases in which the debt arose prior to the Act's effective date? If so, would the statute of limitations still have effect? Does the Arkansas State Claims Commission have jurisdiction when a "debtor" under this Act seeks a judgment for monies "set-o
85-118Are agents of ABC Enforcement Division Policemen or public safety members as set out in Ark. Stat. {l2-2347(a) and l2-3302? No to both. The question concerns whether these officers will qualify for retirement and death or disability benefits. 21-5-701 24-3-102
85-119What are state requirements for building U.S. Post Office Building? Must a contractor still comply with local building requirements even though it is being built by a federal entity? ANSWER: Yes. But where local and federal standards conflict, the latter govern. 39 USC sec. 201; 39 USC sec. 40
85-120Act l03 of l985 How should consideration of each class of applications be made in determining which prospective bidders for a failed institution should prevail? Can an acquiring bank located outside the county in which the failed bank is located acquire the failed institution according to
85-121Act 780 of l985--Does this act authorize the Auditor to enter into a contract with a foreign clearing house and attorney located outside the state, for the location of and collection of unclaimed property located outside the state but belonging to citizens of the state? 18-28-201 et seq. Yes.
85-122Is a volunteer fireman considered to be a city employee? Yes.
85-123Who is entitled to representation by the Prosecuting Attorney or Deputy Prosecuting Attorney? Just the Quorum Court? By an enabling ordinance, the quorum court is authorized to have its own lawyer or attorney. In the absence of such an ordinance, the Prosecutors office may represent the
85-124F.O.I. Act--Can city of Eureka Springs legally pay for defense of mayor and city council members who are alleged to have violated the FOIA? No.
85-125Jury costs. Expenses incurred in bringing in witnesses. We could not answer this opinion because one of the parties to the litigation referred to was represented by our office.
85-126May Calhoun and Union counties enter into an interlocal agreement pursuant to 14-14-910 for the operation of the Calhoun County hospital? Can the interlocal entity lease the property from Calhoun County? Can it then sublease the property to a private partnership? Can the county continue to coll
85-127Does Section 35 of the Arkansas Credit Union Act (Act 132 of 1971) exempt Arkansas chartered credit unions from paying personal property tax? 23-35-101 et seq. 23-35-201 et seq. 23-35-301 et seq. 23-35-401 et seq. 23-35-501 et seq. 23-35-601 et seq. 23-35-701 et seq. 23-35-801 et se
85-128Test scores for teachers. The question regards on what basis teacher testing scores become available. There appears to be a conflict between acts 76 of 1983 and 693 of 1985 . One act provides for the scores to be released on a county wide basis, and the other on a state wide basis. Answ
85-12915 year old charged as an adult--can he be placed in jail with adults? Can the name and charges of the juvenile be released to the public? If charged as an adult, can probably house with adult prisoners, but constitutional principles must be considered. Information about the juvenile canno
85-131May a school district enter into a contract with a teacher and then release the teacher from all duties for the purpose of representing the teacher association full time? RESPONSE: All the salary and social security will be repaid by the orgainzation to the school district. Probably not. Amendme
85-132Is a member of the City of Hot Springs Civil Service Commission who was a resident of the city at the time of his appointment, but who has since moved his residence from the city eligible to continue serving as a member of the commission? Must the city council remove the commissioner is h
85-133For minerals sold prior to Act 626 of 1983, what is the proper method of redemption and the role of the tax collector and county clerk in redeeming such property? Since the Supreme Court in Dawdy v. Holt has said that these minerals deeds which were not subjoined to the tax assessment are
85-134Does the public have a right of access to a manual prepared by the State Police the purpose of which is to inform the police of the activity of extremist groups? The FOIA probably applies, but this manual may fall within an exception (clearly unwarranted invasion of personal privacy
85-135All-terrain vehicles. Will act 1011 of 1985 be applicable to all terrain vehicles that were equipped and licensed for street use prior to the effective date of the act? RESPONSE: Yes. Even though previously licensed to operate on the streets and highways, after the effective date of this act, s
85-136Should a clerk charge fees contained in section 2 of Act 898 of 1983 in addition to the $75 fee for initiating a cause of action? Yes if applicable. The statute says that the uniform $75 dollar advance fee shooud cover those things listed in section 1, but if the charge is not a thing of th
85-137Does a Quorum Court have authority to assess households in incorporated towns for a county landfill? Answer: No. The power to tax must be delegated by the General Assembly. Ark. Const. Art. 2, sec. 23; Art. 19, sec. 27; ACA 14-14-805
85-138When three school districts consolidate what is the makeup of the newly formed district? Pursuant to 6-13-306 6-13-309 6-13-307 the Board of Directors of the former districts are authorized to enter into an agreement defining the composition of the new board. But, if the districts have
85-139When is retirement required, without forfeiture of retirement benefits, of a judge first elected to the judiciary at the General Election in 1966 and continuously elected and born October 3, 1917? He must retire before January 1, 1989. Act 289 of 1985 24-8-215 24-8-216 24-8-217
85-140To what extent would a local fire department of individual firefighter be liable for personal injury or damages which might result from the negligent operation of a Hurst tool used to remove people from wrecked cars? Municipal fire departments are immune from civil liability. 21-9-301
85-141Where can Assessor legally assess property. This opinion clarifies Op. No. 85-85 which involves whether the assessor can properly assess personal property in a school district other than that in which the taxpayer resides. 85-85 said No. This opinion clarifies our position as being that per
85-142Does the sheriff have the authority to expend moneys in Radio Equipment Repair and Replacement Fund for the purposes prescribed in Act when he determines that repair or replacement of existing radio equipment is needed or that there is a need for the purchase of additional equipment or is it necessa
85-143To clarify Opinion No. 85-131. This opinion involves releasing a teacher from her contract with a school district so that she or he may represent a teacher's organization full time. The opinion states that there are no statutes dispositive of the question, and that a local school distr
85-144Act 680 of l985--Increase of Oil and Gas Commission members from seven to nine members. The act does not state how may votes are now necessary to constitute a quorum or to adopt rules and regulations. Both require a majority vote. 15-71-102
85-145Water wells allegedly destroyed by pollution. Can the City of Green Forest require land owners outside the city who claim that their wells were polluted by the city to sign a release of claim saying that they will not sue the city for damages, as a condition of the city installing wate
85-146Home Schooling. Does section 6 of House bill 4 give equal protection to the special education children in the state with regard to the availability of home school education provded for other children in this proposed act? Probably. "Handicapped" is not a suspect classification, and this act
85-147Adoption Agencies. Can the legislature legally exempt certain parties (doctors and lawyers) from the regulations and licensing of adoption agencies that are required of all others? Answer: Yes. The decision to exempt certain individuals from these requirements appears to be within the legislature'
85-148Mopeds and Scooters. Are mopeds treated differently than scooters? Is there a legal definition of a moped and a motor scooter? What age limitation apply to motor scooters? What equipment requirements apply to each of these vehicles, such as helmets? Under what circumstances may a person ride a
85-149Act 529 of l983 Fire Training Academy. Can the Arkansas Fire Training Academy Board actually hire or fire the Director or any employee of the academy pursuant to Act 529 of 1983, or any other law? 12-13-202 12-13-203 No. Its role is merely advisory.
85-150Can Mayor be re-called in a second class city? Not generally. The only statute relating to the removal of a mayor is 14-42-109, and it provides for removal upon indictment of the circuit court.
85-152Land belonging to minors sold for taxes. Are minors entitled to redeem land sold for delinquent taxes after two years after the tax sale? Is the redemption procedure the same for a minor, redeeming after two years, as it is for an adult redeeming within the two year period? Yes. They
85-153Act 608 of l985. Is this act, which requires an oil and gas company to file a bond with a county before it can drive heavy equipment on county roads for exploration or drilling projects, constitutional? Is the term "heavy equipment" void for vagueness? Is it unconstitutional to require on
85-155Act l032 and Act l058 of l985--Do these acts apply only to wholesalers of new and or used motor vehicles, or do they apply to retailers as well? They apply to retailers as well. 23-112-101 et seq. 23-112-201 et seq. 23-112-301 et seq. 23-112- 401 et seq.
85-156What is the intent of Act 2l6 of 1985? Answer: It requires physicians and some other persons to notify the sheriff of deaths occurring under certain conditions. We cannot elaborate on which deaths must be reported beyond the definitions given in the statutes. Also a funeral director who has k
85-157Act 972 of l985--Does Sec. l(c) mandate that a motorized bicycle have pedals? ANSWER: No. It amends the definition of motorized bicycle to include any bicycle with an automatic transmission which does not displace more than 50 cubic centimeters. There is no requirement any more of pe
85-158Whether an indigent defendant in a police court or mayor's court is entitled to an appointed counsel and ifso, in what instances. 2. how will appointed counsel be paid; and 3. whether the Arkansas statutes provide any authority for city councils with mayor's courts to have a fund to pay attorn
85-160Act 876 of l973--Professional Consultant Services. Is the Game and Fish Commission an independent constitutional body which can act outside the authority of the legislature? Is the Commission subject to the General Accounting and Budgetary Procedures Law? 19-4-101 et seq. RESPONSE: Q1) No, unle
85-161Would an ordinance prohibiting the burning of solid wastes within the Jacksonville City limits violate the provisions of the Arkansas Water and Air Pollution Control Act? 8-4-306. Would the enactment of an ordinance contrary to state or federal law entitle a sucessful plaintiff to seek attorneys
85-162Where the county has by ordinance designated the county assessor as the "appropriate county officer" under 26-28-102, Act 522 of 1975, to be responsible for the maintenance and operation of the computer and the preparation of the tax books, is the county assessor responsible only fo
85-163Who is responsible for paying the cost of medical services rendered to a county or city jail inmate-- the inmate or the city or county? 12-41-504. ANSWER: The county is probably responsible for payment of these expenses for prisoners housed in the county jail, but its is probably up to each c
85-164Can a person who is a mayor of an incorporated town serve as a J.P. at the Quorum Court. Incompatability of offices , conflicts of interest, dual office holding. This is a factual question. See also Arkansas Constitution Art 19, sec 6.
85-165Does ACA 17-23-201 allow more than two members of the cosmetology board to be school owner representatives? Would the statute allow a school owner representative, who is also an electrologist, to fullfil that requirement as well? Answer: No. and No. The statute says two members of the
85-166Does the tax collector make the final distribution of tax payments? No. 26-39-201 26-39-406.
85-167County Wide Sales Tax. Can Sebastain county propose a county wide sales tax and dedicate the proceeds of that tax to a specific purpose and only that purpose? Yes. 26-74-208
85-168Does Pulaski County have any responsiblilty to the employees of the Sixth Judicial Circuit and Chancery Courts for withholding of federal state and social security taxes? What about qemployer matching and unemployment taxes? What about health insurance and retirement benefit payments? Do these
85-169Is there any provision for an attorney for a public board or commission to attend an executive session of that board or commission? Can an evidentiary hearing for a public employee in a dismissal case be held in executive session under the FOIA? Can an attorney for a fired public employee be allow
85-170Taking the County Judge's salary from the road fund. This opinion reviews Op. No. 85-2 which said you can't do this. 26-79-101. 26-79-104 26-79-105 You still can't do it. The county road fund must be used for roads.
85-171Does the awarding of a contract for the printing and furnishing to the Arkansas General Assembly of legislative bills and resolutions to a company owned by the spouse of a member of the General Assembly violate any conflict of interest provision or any other provision of the Arkansas Constitution?
85-172May, for example, a person holding a valid certificate of license as a registered nurse function as a paramedic without that nurse being specificall y licensed as a paramedic? 20-13-210 Can a person authorized to serve process pursuant to orders of court have access to the Nation Crime
85-173Act 93 of l967 FOI Act. Does this act restrict attendance at executive sessions to those only specifically mentioned in the act? 25-19-106 Would a joint executive session of two distinct and separate boards of the state be in violation of the FOIA? Yes to both.
85-174Can the Mayor vote in a City Council meeting under any circumstances? If there is not a more specific statute than 14-43-501; 14-43-402; 14-43-403; 14-43-404, which prohibits the mayor from voting, then he or she can vote. That provision says that the mayor shall have a vote when it is needed to p
85-175Is a county required to provide Workers' Compensation coverage for all of its volunteer firemen, even if only a small portion are involved in the day- to day maintenance of the equipment? Is a county required to provide Worker's Compensation coverage for its sheriff's auxiliary law enf
85-176Act 111 of 1983 6-18-205? Deals with the counting of students for ADM purposes and receiving state aid. Attend attendance Minimum Foundation Program Aid.
85-177Can a poll worker challenge the vote of a person who lives outside the city but who is registered to vote in the city? Are county clerks authorized to change the voting books to reflect the actual place of residence? Are there criminal sanctions for those voters who choose to vote in the city ele
85-178Effective date of Act 873 of l985--Arkansas Private Activity Bond Allocation Act of 1985-- Is the effective date the day of its enactment or May 1, 1985? It is May 1, 1985 . 15-5-501 et seq.
85-179If a consolidation election was held and defeated, and then a petition is filed to acheive consolidation to a different district, and then the school board passes a resolution with another district requesting the upper four grades be consolidated to it, what is the legal duty of the count
85-180Act 20l of l969. Must a state agency, when buying, leasing, or renting property, at the time of contracting assure that the vending machines of the Vending Facility Program with the Division of the Services for the Blind will be given a preference? Yes. 22-3-1303 But there are some excepted
85-181Attending meetings--FOI. This opinion is exactly the same as Op. No. 85-169. It deals mainly with who may attend executive sessions under the FOIA.
85-182Amendment l3 to the Constitution--is this still in effect. No. It was repealed by Amendment 62 to the extent of any conflict. Bonds.
85-183Act 34 of l983--What is the obligation of a school which pays its certified personnel l00% of the average salary of certified personnel in adjoining states? RESPONSE: This exempts them from paying the teachers seventy percent of the district's net current revenue, but still must pay the fifty-six
85-184Is it legal for an alderman to vote to pay legal fees to himself as a plaintiff in a lawsuit where the city is a defendant? 14-42-107 It is not prohibited specifically by statute. Conflict of interest
85-185Contracts for hauling gravel. Would a contract to haul gravel for the county (where the county pays for the gravel by paying a royalty directly to the owner of the gravel pit) be subject to bidding procedures or is it exempt as personal services? What about if the contract required the spreading
85-186Act 468 of l985--Public Records. What records pertaining to employees and clients are now determined to be open to public inspection? Where federal law exists regarding the release of employee or client information, will such law supersede Act 468? If it is determined that Act 468 is controlli
85-188When the county judge has made a determination that several engineering companies are qualified to perform a project involving construction of a solid waste disposal plan, should the formal bidding procedures of 14-22-101 be followed? Competitive bidding. 14-22-102 ANSWER: Probably not. They a
85-189Implication of Act 485 of the writing of fire insurance for the town of Bassett. Is an insurance agent in violation of Act 37 of 1985 (Ex. Sess.) 23-88-103, if he writes insurance at a class rate lower than that listed by the Arkansas Insurance Division where the fire protection is provided b
85-190Are elected county officials and state prosecuting attorneys provided worker' s compensation coverage? Yes. 14-26-101 et seq. 14-60-101 et seq.
85-191Is there any prohibition against a city holding a sales tax election immediately following a defeat of a similar proposal by voters of the county wherein the city is located? No. 26-74-210
85-192Proper way to dispose of islands in navigable streams. Does the Commissione r of State Lands have the authority to determine the disposition of newly formed islands in navigable streams which are property of the state. If not whose responsibility is this? 22-6-203 22-6-201 Yes. Ark. Stat.
85-194May a city council approve the payment of purchases if the Mayor fails to do so? If yes, may the city treasurer issue checks to make payment for such purchases? 14-58-305 Yes.
85-195Are the intent forms filed by parents wishing to home school their children subject to public access? No. They can be used for statistical purposes only. FOIA. 6-18-201 6-15-501 et seq.
85-196Proposed Homestead Exemption Initiative constitutional amendment. To exempt homesteads from state and local taxes. Ballot title and popular name approved.
85-197Can live livestock and poultry inspectors arrest for all misdemeanors or just for violations of livestock and poultry laws and regulations? Answer: They can only arrest for the latter. ACA 2-40-201 et seq.; 2-33-108; 2-40-502.
85-198Does a Hot Springs City Ordinance, which sets the hours for the sale of alcoholic beverages, violate state law? Answer: Partially. The ordinance can lawfully set the hours for hotels and restaurants, but no other places. Alcohol Beverage Control Board regulations can govern. ACA 3-3-206, 3-3
85-199Act 38l of l983--What are the exact responsibilities of the Auditor under the act? Requires auditor to serve as the ex officio and nonvoting chairman of the Fire and Police Pension Review Board. Can auditor resign from this position? No. 24-11-203
85-200Must law enforcement personnel in making arrests for misdemeanor offenses and issuing citations follow the requirements of 27-50-603, or are they required to follow the requirements and directives of a municipal court judge or magistrate having jurisdiction over the offense? If the arrest was mad
85-201Is the Arkansas State Bank Commissioner required to approve or disapprove a protested bank application before referring the matter on to the State Bank- ing Board for a hearing? Can any additional objections be perfected after the ten day statutory period under 23-32-1202 has elasped if a par
85-202Does the Chief Fiscal Officer have the authority to enter into a two year contract with American Express to secure credit cards for official state travel expenses? Yes. 19-4-1007 19-4-1008
85-203Want ballot approved for Special Election in Franklin County to pass a one cent sales tax for a emergency medical service. The official ballot meets th e requirements of 7-5-207 7-5-208
85-204Can wife of Quorum Court member be hired as Deputy Clerk without there being any violation of Arkansas law and without there being any conflicts of interest? 14-14-1202 Maybe.
85-205Approval of ballot title and popular name for The Homestead Exemption from Taxes Amendment. Approved.
85-206If the natural parents of a school aged child reside in school district "A," and the legal guardian of the child resides in school district "B," does the child have the option of attending either school district regardless of whether the child resides with his parents or his legal guardian or reside
85-207Examination of Election Calendar of Secretary of State. Found all dates to be in conformity with the constitution and statutes except recalculatd date to file petition of candidacy for the school board with the county board of education. 6-14-111. And recalculted date of George Washington's
85-208Conflict of interest with teachers at Baptist University. Would a confilct arise if a person who is employed part time as a teacher at a private institution also accepted a postiion as Director of the Adult Education Center? No.
85-209Failure of Teller's Machine after dog race at Southland Greyhound Park. The teller machines failed to lock at one point, and people were allowed to place bets after the race began. The money collected on the race is being held. Does the State have any claim to the money? Can the Racing Commissio
85-210Income earning practices of school employees. Can a schoo district permit one if its employees to engage in personal income earning ventures utilizing public school facilities during school hours of after school hours? For example a school bus driver repairing cars in the school garage? Ame
85-211Given the fact that the Arkansas State Constitution expressly prohibits monopolies and most of the large public utilities operate in a monopolistic situation, i.e. exclusive franchises, would it be possible for the General Assembly to pass a law which would prohibit utility monopolies and open
85-212An opinion regarding the constitutionality of an ordinance setting the hours to sell liquor or alcoholic beverages in Union County. The ordinance violates both state and federal law. The Alcohol Beverage Control Board has authority to set hours, and local ordinance cannot contradict these rules
85-213May association dues for the Arkansas School Baords Association or any other association be paid from school district funds? May school district funds be donated contributed to the Arkansas School Board Association or any other association? Probably OK for the School Boards Association, but l
85-215Approval of Popular Name and Ballot title of initiated act to revoke AP&L franchise and exclusive territory and establish procedures and guidelines for their award to other franchisees.
85-216Does Act 493 of 1985 authorize individual members of the State Constitutional Board and Commissioners Management Audit and Review Study Commission to issue subpoenas of witnesses or the production of books, documents, or records without conferring with or obtaining approval of the commission? Does