Arkansas

Ag opinion

10,292 sections

85-217Amendment 59. Would a new tax approved by either a school district, city, or county after reappraisal and reassessment and millage rollback be applied to personal property, utility property, and carrier property as well as real property? Answer: A new tax for a new purpose would be applied
85-218Act to amend Worker's Compensation. Approval of popular name and ballot title.
85-219Validity and Constitutionality of Crawford County Ordinance dealing with the maintenance of sewer system waste on property, requiring landowners to take measures to ensure that the smell does not interfere with other's enjoyment of their land. The ordinance is invalid because it is p
85-220What effect will the Arkansas Home equity Living Plan (A.H.E.L.P.) have on a person's eligibility for tax refunds and deductions under the provisions of the Real Estate Taxes Homestead Exemption Act? 26-51-601 et seq. ANSWER: That person can still get the homestead credit.
85-221Seven questions regarding paying bills of counties for services rendered in one year out of next year revenues? Answer: A county may not incur an obligation one year that exceeds the revenue of that year, nor is it lawful to pay the obligation out of the next year's revenue. Ark. Const. Art. 12, sec
85-222Can the Arkansas Fair managers Association reject offers of membership? On what basis? May it terminate someone's membership? On what basis? 4-28-101 4-28-210 4-28-209 Probably, but constitutional safeguards apply.
85-223Can the people, a majority of the legal voters in the Ross Van Ness school district, hold an election by petitioning the Governor, or any agency, to let the people decide which school district, Lakeside or Eudora, they want to consolidate with? No. Act 61 of 1983 6-15-207 6-18-307
85-224Does the City of Fort Smith have the legal authority to compete outside the city limits with a private concern which is engaged in the business of removing industrial refuse? Garbage, solid waste. 14-43-602 14-232-103 Yes. waste, refuse; environment;
85-225Matching funds for State Employees election to join an health maintenance organization. Would it be mandatory that the state matching funds for each state employee electing to join an HMO be used to defray the cost of the premium? If not mandatory, would it be optional at the decision of th
85-226Is it likely that the constitutional problems of tourism bond issues would be solved if the proposals provided public benefit and were approved by an election? It would be prudent to hold an election. Can build the facility and then lease it to a private concern. Can the facility be located
85-227Resignation of Municipal Judge. Can the only person eligible to serve as municipal judge be appointed to fill the vacancy and then run for election next time? Yes. (Amendment 29 does not apply to municipal courts).
85-228How are salaries to be set for newly elected officials under County reorganization? Does this Clark County ordinance conflict with ACA 14-14-608 and 14-14-1204? Answer: (1) Under ACA 14-14-1204, the quorum court should appropriate the payment of salaries for the newly elected officials. The c
85-229Does a state employee have a property interest in his job? Can he be terminated without due process of law? Does due process include the right to request an evidentiary hearing? Can they request it closed? Which controls in a conflict between the state and federal constitutions? ANSWER: It dep
85-230If land was purchased at a foreclosure sale in January of 1982 because of delinquent municipal recreation improvement district assessments, and the taxes were not delinquent, is title received at the sale defective because the sale was on the wrong date? No. 26-37-101 et seq. 14-90-911 .
85-231Blood samples from dead bodies to determine whether chemical agents have played a part in the death. 16-83-112 5-65-202 5-65-203 5-65-204 5-65-205 May a county coroner who is not a physician and who does not draw the blood under the direction and supervision of the physician continue
85-233Approval for the Authority to engage the services of Wright, Lindsey & Jennin gs Law Firm, etc. This opinion is not in the bound volume.
86-001Alma's participation - Public Employee Retirement System, etc. Can the city of Alma withdraw from the system and start its own system after January 1, 1982? RESPONSE: No. 24-4-301; 24-4-302; 24-4-303; 24-4-211; 24-4-506. Is a prohibition of this nature constitutional? RESPONSE: Yes. Municipa
86-002Does a conflict of interest exist if the county treasurer places county funds on deposit at any bank of which a quorum court member is an officer? Would a conflict exist if any of these banks purchased any of the bonds issued to construct a new jail? 14-14-1202. RESPONSE: Yes.
86-003City Clerks under Mayor Council form of government. Does A.C.A. 24-12-121 pertain to only elected City Clerks under Mayor Council form of Government, or to appointed city clerks in city manager and city administrator forms as well? RESPONSE: It applies to the other forms as well.
86-004Unfenced lands. Can an owner of unfenced lands lease out grazing rights on the lands where livestock may wander onto the public roads? Is it lawful for the owner of livestock to permit the livestock to graze on unfenced lands where they might wander onto public roads? If the owner leases the land
86-005Does Act 6 of 1985 permit local Firemen and Policemen Pension Funds to invest in stocks and bonds? 24-10-402; 24-11-410; 24-11-805. RESPONSE: No, not stocks, but it does authorize investment in certain no load mutual funds. 24-10-401; 24-10-205. Can still invest in certain bonds.
86-006Does the Uniform Attendance and Leave Act of 1975 provide a status for sending state employees on assignment under the Cooperative Fire Control Agreement in which they will receive no loss of pay from the state? Will state worker's compensation coordinate benefits with federal worker's compensation
86-007Act 816 of 1983 withholding of State Turnback Funds - Act 816 of 1983. When is the state treasurer required to withhold state turnback funds? (19-5-501, 19-5-601, 19-5-1001 et seq., 19-5-309, 19-5-1025, 19-5-934, 19-5-310, 19-5-901 et seq.) Reappraisal and reassessment. Rollback and Amendment 59
86-008AP&L's franchise and exclusive territory. Proposed Initiated Act to revoke AP&L's franchise and exclusive territory and to establish procedures and guidelines for awarding them to other franchisees. RESPONSE: Approval of popular name and ballot title.
86-009FAA-Memo of Understanding-Nondirectional Beacon. 1. Do local communities and their various airport commissions enjoy an immunity from liability in connection with their operation of the municipal airport in a governmental as opposed to proprietary function, i.e., proprietary referring to the sale o
86-010School Aid allocations for various districts. Does the Department of Education have the authority to adjust real property value assessments when computing aid allocation adjustments to school districts based upon projected assessed valuation and then actual assessed valuation, to limit the allowable
86-011May the city council approve the payment of purchases if the mayor fails to do so? If the answer is yes, may the city treasurer issue checks to make payment for such purchases? 14-58-305. ANSWER: Yes and yes. This opinion was issued in 1985 as well, as 85-194, and then reissued as 86-11.
86-012Alimony to be paid through Court Registry. Sec 3 of Act 989 of 1985 provides that any decree, judgment, or order requiring alimony or support to be paid through the registry of the court shall become a lien upon all property owned by the non-custodial parent, etc. Section 35 of that Act states that
86-013Act 889 of 1985. Does this act which says the overtime exclusion does not apply to a benefit computed at any time in the salary year prior to the effective date of the act, mean the fiscal year of the city or the 12 month period prior to the passage of the act? Are contributions to the police and
86-014Cemeteries - Perpetual care - If, in a perpetual care sales contract for the sale of a burial space, a separate and specific perpetual care fee is charged and paid in addition to the amount paid for the burial space, must the amount paid for the perpetual care fee be considered a part of the gross p
86-015Opinion #81-84 regarding Contractor's Licenses. What percent of ownership would constitute one as being the owner of a project so as to be exempt from the requirement of having a contractor's license? What if the owner received any type of fee? Q2) If an owner is not required to have a license to
86-016Is the Board of Trustees of a Retirement Fund, established under Act 432 of 1973, authorized to transfer to the Judicial Retirement System any of the court costs collected under Act 432? If yes, how should the Board of Trustees compute the amount to be transferred? RESPONSE: No. 24-8-301 et seq.
86-017Suspending sentence of a defendant on DWI cases. In cases of DWI, can a Judge suspend the sentence of a defendant on the provision that his or her record remain clear for a specified period of time? (Re: HB 1001, 74th General Assembly.) Driving while intoxicated. Alcohol. ANSWER: No. Provisio
86-018Is it mandatory for second class cities to have wards? Q2) Should candidates, or can candidates live in wards and vote at large? Q3) Should there be odd or even numbers of wards to be voted on, such as 5, 6 or 7? ANSWER: Q1) Yes. 14-44-101 14-44-102. Q2) They must live in the ward from which
86-019Discusses problems encountered in attempts to obtain division orders on Arkla Gas wells in Logan County.
86-020Are any of the following public records under the Arkansas Freedom of Information Act -- Arkansas Crime Information Center Records, National Crime Information Center Records, Driving while intoxicated or DWI arrest reports? FOIA. ANSWER: The first two are shielded by federal and state law. The
86-022Does Act 567 of 1985, being the last action of the legislature, supersede Act 612 of 1985. Delivery of absentee applications and absentee ballots. Delivery of the application form to the office of the county clerk. Delivery of the ballot to the office of the County Clerk of the county of residenc
86-023Approval of popular name and ballot title of a proposed constitutional amendment to provide for mandatory retirement of the director of athletics at the University of Arkansas at Fayetteville, and to prohibit further involvement of retired directors with the coaches at the University. 7-9-107.
86-024Act 898 of 1983 - Uniform advance fee of $75.00. Act 898 of 1983 established a uniform advance fee of $75.00 for initiating a cause of action in Probate Court. Is the increased fee provided in Act 351 of 1985 (20-7-123, 20-18-406, 20-18-306 ) included in this seventy-five dollar fee? 16-14-105, 2
86-025Act 256 of 1979, Uniform disposition of unclaimed property act. Who is the correct state official with whom reports should be filed after voluntary dissolution of business associations? 4-26-1109, 18-28-206. Is it the State Auditor or the State Treasurer? ANSWER: The acts apply to different sit
86-026May schools establish sick leave banks or pools whereby certified personnel may contribute certain numbers of days of sick leave allowance to the bank and members of the bank may withdraw sick leave from the bank when they suffer a catastrophic illness and have used up all of their accumulated sick
86-027Can a utility collect sales tax on a franchise tax? RESPONSE: Yes. 26-52-301 et seq., 26-52-510, 26-52-103. They are part of the gross proceeds of a sale to which sales taxes are applicable. Double taxation.
86-028Act 1006 of 1985. Provides limitations on obtaining dealers tags and prescribes penalties for the misuse of the tags, etc. Driving a vehicle with dealers tags either in or out of the county or misusing a dealers license plate as defined in Section 1 of Act 1006 of 1985 is prohibited. What consti
86-029Who has authority to appoint a librarian for the city of West Memphis? RESPONSE: The city library board of trustees. See A.C.A. 13-2-503 and 14-42-110.
86-030When a person leases land, do they own all or any hunting rights on that property? Q2) What constitutes proper posting of land under state law? Q3) Can a person who is the lessee of property keep other people from hunting on that property without it being properly posted? ANSWER: Q1) Yes. Q2) T
86-031Can a person serve on the City council and also be chairman of the county Democratic Committee, which would automatically place him as a member of the county board of election commissioners? Can a person serve on the city council and be a member of the county board of election commissioners? Can a
86-032This opinion is to clarify Op. No. 86-5 which involves whether Act 6 of 1985 would permit moneys in firemen's and policemen's pension and relief funds to be invested in stocks and bonds. RESPONSE: The investments are not limited to no-load mutual funds, but may be in stocks and bonds under certain
86-033Does Act 860 of 1983, which authorizes court costs for expenses relating to the keeping of prisoners by the county, permit the use of these funds for expenses incurred in the relocation of the police department offices from one part of the building to another, so they will be closer to the jail? AN
86-034Do History Commission members have to file disclosures pursuant to Act 570 of 1979? 21-8-305. RESPONSE: Yes. Ethics, conflicts of interest.
86-035What is the deadline for schools to meet the standards established by Act 445 of 1983? Who, if anyone, is authorized to give a school extra time to meet the standards? RESPONSE: See Op. Nos. 85-40 and unofficial 6-86.
86-036FOIA Act - Can a dismissed, discharged, or fired employee meet with a board or commission in executive session? ANSWER: No. Former employees may not be included in executive sessions. Freedom of Information Act. FOI.
86-037Can a state employee purchase credited service in accordance with 24-2-502 in the retirement system for a period not to exceed three years for service in the military prior to full time employment, even though he had part time employment or temporary summer employment? If not, does he qualify for t
86-038Whether terms of school consolidation agreement are consistent with Arkansas law? Involves whether the newly consolidated district suceeds to the rights, and property of the old district, and become liable for all debts contracts and obligations thereof. 6-43-110, 6-43-111. RESPONSE: The agreeme
86-039Can the use of the term "registered therapist" by one who is not licensed by the State Examining Committee for Physical Therapists be enjoined as false, fraudulent or misleading? 17-98-101 et seq. 17-98-201 et seq., 17-98-301 et seq., 17-92-102. ANSWER: No. Therapy technology and technologists.
86-040Is it lawful for a state newspaper to publish advertising of a state lottery of another state? RESPONSE: Yes. See A.C.A. 5-66-118.
86-041Can a veterinarian legally sell rabies vaccine over the counter to be used by non veterinarians? Is an animal legally vaccinated when vaccinated by the owner? What rules apply to a veterinarian who owns and operates a feed store or animal health retail outlet? Is he held to a more strict standard
86-042Are funds of a nonprofit county hospital public funds for the purposes of Act 21 of 1935 as amended? A.C.A. 19-8-101 et seq. ANSWER: Yes. The act requires deposit of public funds in insured depositary institutions. County Depositary Board has authority to deposit public funds.
86-043Will copies of narcotic orders furnished to the Arkansas Department of Health by the Federal Drug Enforcement Agency comply with the requirements of 20-64- 205 ? ANSWER: If DEA submits all orders directly to Health Dept. then there is compliance. Narcotic drugs.
86-044May Dronabinol (Delta-9 Tetrahydrocannabinol, THC) be deleted from Schedule VI and added to Schedule II without the approval of the legislature by following the Administrative Procedures Act? ANSWER: No. 5-64-215. Marijuana, Controlled substances, drugs.
86-045If an individual resides within the City of Texarkana, Arkansas for more than six months, and then becomes a non-resident, can he avail himself of the border city income tax exemption for the payment of state income tax for the entire year? 26-52-602, 26-51-102. RESPONSE: Probably, yes.
86-046Can an appointed circuit judge run for a newly created chancery judgeship even though he could have changed courts by agreement with the other judges at any time? ANSWER: Yes. He is not attempting to succeed himself. Amendment 29, sec. 2.
86-047May the State of Arkansas purchase repurchase agreements? Would the purchase of repurchase agreements be considered a deposit or investment in a financial institution or would such transaction be considered a purchase of an obligation? ANSWER: Yes. 19-3-307. No. It is a purchase of securities.
86-048Investment of public funds in repurchase agreements backed by United States obligations. May county treasurer purchase these from banks? Q2) From savings and loans? Q3) What securities qualify as direct obligations of the U.S.? Q4) Must the county treasurer perfect the counties security interest
86-049Does the fixing of compensation of county officers and employees require the quorum court to adopt an ordinance setting forth such compensation separate and apart from adopting an appropriation ordinance, or may both the fixing and appropriating of compensaion be made through a single ordinance? Q2
86-050Issuance of Tourism or Parking Revenue Bonds. In certain localities, the governing body has assumed, subsequent to issuance, responsibility for payment of these bonds from public general revenues. Is this a legal and constitutional practice? Q2) From what sources may these bonds be paid? Can ge
86-051What is the scope of the term "revenue" as it is defined in 14-20-103? (A county may not appropriate more than 90% of its revenues for any particular year). RESPONSE: Not just limited to taxes. Q2) Must the county court or county judge issue an order to effect the expenditures of county funds or
86-052If a court under 5-64-505 permits a law enforcement agency or prosecuting attorney to retain property that is actual cash, would those funds have to be deposited in the county or municipality general fund or special fund and appropriated by the proper body? Do the proceeds from the sale of forfeite
86-053Are prosecuting attorneys and deputy prosecuting attorneys subject to 14-14-1202? Yes. (Involves conflicts of interest of county officials). Ethics. They are district judicial officers serving a county. Q2) Would they be prohibited from being interested in a contract of the county such as renti
86-054May the city police in Van Buren establish a general roadblock to check for violations of license and registration laws? Attached is a copy of state police rules and regulation on the topic, adopted in response to a court order. ANSWER: Fourth Amendment search and seizure. Constitutional prohibi
86-055Can a person who was convicted of a felony and later pardoned serve on a city council? If not, and they are already serving, are ordinances valid? ANSWER: No. Pardon does not restore right to hold office. He was probably a de facto officer, though. Arkansas Constitution Art. 5, sec. 9.
86-056Is a lease-purchase agreement entered into by the Judicial Department for the installation of electronic telephone system legal? It was not let on competitive bidding. ANSWER: Yes. The department is exempt from Arkansas Purchasing Law, 19-11-201 et seq., and thus competitive bidding requirement
86-057Is a widow of a municipal judge who is drawing retirement benefits prior to remarriage, eligible to draw back and future retirement benefits if she gets her subsequent marriage annuled? 9-12-201. ANSWER: Yes.
86-058Are cities acting contrary to the ballot title which was on a vote to pass a sales tax, in not devoting the sales tax money to the purposes which the ballot title designated? ANSWER: Yes. 26-74-301 et seq. The ballot title requires the deposit of the monies in the various funds.
86-059Meaning of "Direct Supervision" in 12-9-303. Can auxillary law enforcement officers legally make valid arrests even though their supervisor may be located at the police station? Must they be under "direct supervision" -- meaning another full time law enforcement officer must be present? ANSWER:
86-060What is the fee that can be charged for the serving of a summons by mail with return receipt requested? ANSWER: There is no specific statute on this. But 21-6-104 says that officers can receive a fee similar to other services. It is more similar to service by telephone, see 21-6-503, and that fe
86-061Is an individual who has been sentenced to prison for carnal abuse under the Alternate Service Act of 1975 (Act 378 of 1975) eligible for early release and alternative service? Q2) Is carnal abuse defined as a non-violent crime? Q3) Is an individual convicted of carnal abuse deemed non-threatening
86-062When must an independent candidate for municipal judge file a petition for candidacy in order to get his name placed on the ballot? Must he file it before the deadline established for county officials? ANSWER: No. He must file according to 7-7-103, which says sixty days before the general electi
86-063Does 16-19-301 or any other statute authorize constables to serve criminal warrants issued by municipal court? Q2) If so, are they entitled to payment for their services? Q3) May they serve warrants outside their township? RESPONSE: Q1) Apparently yes, but they may not charge any fees. Q2) No.
86-067Emergency lights & sirens on ambulances. Can these lights be used in non-emergency situations? 27-36-304 Yes? 27-37-202 This is an unofficial opinion.
86-070Registration of Tradenames by Individuals in AR. Does the Secretary of State have authority and jurisdiction to set up a procedure for the registration of trade names and service marks? 4-71-101 Arkansas Constitution, Art. 6, sec. 21 and 22. No. 4-70-203
86-074Is the use of the term "House Bill 511," in section 1 of Amendment 2 to House Bill 716 of 1985, valid since House Bill 511 became Act 350 of 1985 four days before passage of the amendment? Does Amendment 2 to House Bill 716, where it says "this act," refer to Act 350 as the bill became, or does it
86-086Is the city ordinance scheme, dealing with driving while intoxicated, and which deals with the same subject matter as state law, valid as a matter of state law? What action should be taken by the Office of Driver Services when it receives a record of a driver's violation of these city ordinances.
86-087Can Faulkner County appropriate money from its general funds to pay a school district the amount it was mistakenly denied because the county clerk levied a lower millage tax than was required? RESPONSE: No. 14-14-805.
86-089Whether regulations issued by the Child Care Facilites Review Board are in conflict with Act 491 of 1985. RESPONSE: This act has been repealed so this question is moot.
86-091Does the Arkansas Committee on water well construction have the authority to regulate pump installers under present law? Is this considered plumbing and under the jurisdiction of the Health Department? Are there no laws regulating pump installing? 17-43-101 et seq., 17-43-201 et seq., 17-31-101.
86-093Can persons advertise as abstractors in a county without having met the licensure requirements? 17-11-101 et seq.; 17-11-201 et seq.; 17-11-301 et. seq. ANSWER: There is no law against an abstract company licensed in one county from advertising in another. If persons engage in the business of
86-100Is a juvenile referee a part-time judge? 2. Is a bastardy referee, as defin ed in Ark. Stat. Ann. Section 34-701.1, a part time judge? Pursuant to the C ode of Judicial Conduct, Canon 7, a referee is considered to be a judge. The refore, the juvenile referee and bastardy referee are considered t
86-101Does 21-6-307 allow a sheriff to charge fifteen dollars for the service of a summons, capias, scire facias, attachment, writ of garnishment, writ of injunction or subpoena and charge an additional ten dollars for the return of the writ, summons, or subpoena? ANSWER: Yes.
86-102Re: Act 587 of 1983 - Transient Merchants Licensing Act of 1983. Does the sale of shrimp fall within the exemption for agricultural products under this act? 17-42-104, 17-42-101 et seq. ANSWER: No.
86-103What is the effect of Arkansas Constitution Amendment 60 on 23-81-309? Q2) Is it permissible to let the parties to an insurance contract agree to the date of the policy issuance governs as to usury, and not the date the loan application is made? Q3) Does Amendment 60 merely place a ceiling on the
86-113Under what circumstances is a director of a nonprofit corporation personally liable for actions taken by the Board? How about failure to act? Does it make a difference if the purpose is charitable? Is a youth service provider charitable? What makes a non-profit charitable? Under what circu
86-117In applying for and receiving a valid driver's license, has a citizen waived any rights that are constitutionally protected? Which ones? Q2) Is the license evidence of a contract, or quasi-contract, between the licensee and the state? If so, are the terms of the contract the traffic statutes of A
86-118Is Act 989 of 1985 concerning child support collection techniques applicable to proceedings initiated under 9-10-101 et seq. with respect to bastardy, paternity, proceedings for support, and custody of children, ect.? ANSWER: No. 9-12-312. Act 989 applies only proceedings before chancery court
86-120Are cities of the first class required to enter into contracts for professional services and other services upon the basis of competitive bidding or requests for proposals? Are water commissions, sewer commissions and advertising and promotion commissions required to enter into professional service
86-121Municipal Court Costs -Can a county which shares a municipal court with other counties, enact court costs for the administration of justice? 16-17-212 16-17-109 16-17-111 16-17-112 16-17-113 Yes.
86-122Is 9-27-305, which provides that any juvenile within this state shall be considered a ward of the state and may be subjected to the care, custody, and control and jurisdeiction of the juvenile court, constitutional? Where in our state constitution does it say this? Arkansas' Constitution i
86-126Does the enclosed ordinance, which sets up some administrative boards, usurp any authority of the county judge? Q2) Does the next ordinance take away any of the judge's authority to auction surplus property of the county? Q3) Is a sitting commissioner of a fire improvement district required to res
86-132Is it legal to pay a part-time employee from a regular salary appropriation? Is it legal to pay a full-time employee out of an extra-help appropriation for any portion of a fiscal year even though that employee will ultimately work more than 1,000 hours in that fiscal year? RESPONSE: Case law doe
86-141Does the term "establishments" in 3-3-204 mean one store or a chain of stores? What does "retail grocery establishments" mean? Would a convenience store meet this definition? ANSWER: This statute has to do with allowing minors (under the age of eighteen) to handle alcoholic beverages. The statu
86-144Act 791 of 1981; Act 445 of 1985. Language of law may be confusing and/or in conflict with the Social Work Licensing Law. Does 9-9-212 conflict with 17-39-101 et seq.,17-39-201, or 17-39-301 et seq. when it allows licensed social workers to do independent investigations subsequent to the filing o