Arkansas

Ag opinion

10,292 sections

86-145Can the quorum court pass an ordinance changing or adding additional duties to an elective office? ANSWER: No. A.C.A. 14-14-807; 14-14-608. BUT SEE 14-14-702(2) and (3). UNOFFICIAL.
86-147Does a prosecuting attorney have the right to speak up at quorum court meetings when he has not been recognized by the county judge? Q2) If the judge adjourns the meeting and leaves, can the rest of the members carry on? Q3) Is it unusual or illegal for the county judge's office to prepare an ordi
86-148Interpretation of ACA 9-9-302. Does this act preclude any other entity other than the Commissioner of Social Services from being appointed as legal guardian for a juvenile and who can consent to an adoption? Can it be a private entity? ANSWER: Yes.
86-151Can the millage rate be corrected to 31.6 mills? If so, what is the procedure for making the correction? ANSWER: Amendment 50 to the Arkansas Constitut ion does not allow for any correction in the millage rates to be made after a lready set except by election of the people.
86-155May a county sheriff reduce court imposed sentences of inmates serving time in county jail by use of meritorious good time? RESPONSE: Yes. 12-41-101 et seq. The sheriffs can promulgate regulations and rules for acquiring good time. They must be approved by the quorum court.
86-156Would there be any conflict of interest if an employee of a company which has in the past sold material to a suburban water improvement district were to serve on the board of that water improvement district? 14-92-207 14-92-208 14-92-221. ANSWER: Yes, a conflict exists, but seek court approv
86-160Are methods of finance required for the expenditure of millage funds levied by a community college for capital improvements? 19-4-1401 et seq., 19-4-102, 19-4-101, 19-4-105, 6-61-505, 6-61-201 et seq., 6-61-101. Q2) Must bidding and awarding of capital improvement contracts conform to Act 159 of 1
86-164Is a landowner who leases his property for oil production obligated to pay severance tax on the royalty interest he receives? Q2) Are severance taxes based on gas produced or the value of the gas still in the ground? Q3) Is a landowner who drills his own well exempt from paying severance taxes? A
86-168Are lands owned by Arkansas State University but leased to a private leaseholder and used for non educational purposes exempt from ad valorem taxation? RESPONSE: No. 26-3-301. Arkansas Constitution Art. 16, sec. 5 & 6.
86-169Can the quorum court create a slot in the sheriff's office for a deputy to be paid a minimal sum and to be stationed in one district of the county? What would the job description have to include to qualify one for training at the Police Academy? ANSWER: Yes. 12-9-102 He would have to be a full
86-174What is the disposition of fines and court costs in the case of a prosecution for the violation of a state law within the jurisdictional limits of a corporation court, such as a mayor's court, where the prosecution is commenced in the corporation court and later transferred to the local municipal co
86-177Does 25-10-106, which says that nothing in this act shall be construed to reduce any rights which any employee of the Department of Human Services may have, any civil service or merit system, apply only to those employees whose employment is covered by the Merit System Council? Q1a) What rights do
86-178Does the transfer of monies from the county general fund to the county road fund require an appropriation by the quorum court? ANSWER: Yes. 14-20-101 et seq.
86-179Is there a statute of limitations which applies to the collection of forfeited bail bonds in the municipal court in Arkansas? 16-84-101 et seq. 16-56-111 Five years, because the action is really one on the bond itself, pursuant to the written contract of the bond. The limitation period
86-180Questions concerning the application of Amendment 55 to the Arkansas Constitution. Because these issues are on appeal to the Supreme Court, we cannot answer them presently. In litigation.
86-181Use of word "Accountant" by non-CPA's. Is 17-12-106 which restricts the use of the word accountant and accounting to only those who are designated as certified public accountants, or public accountants, constitutional? RESPONSE: Sorry, this is in pending litigation, and therefore we cannot provide
86-182If a person is convicted of second degree battery, of being a felon in possession of a firearm, and of second degree murder, should he be considered a first offender under 16-93-101 et seq. simply because the offenses occurred on the same date? Must a judge specifically state in a criminal's commit
86-183Can Cleveland County establish separate court system? Did Cleveland County have legal authority to establish a separate county-wide municipal court system on 2-1-77? ANSWER: No. See Opinion 86-253.
86-187Does the Arkansas Department of Veteran Affairs require a certificate of need before it converts its veterans home to a seventy bed nursing home and a fifty-five bed domiciliary facility? If so, must the certificate be obtained prior to contracting for the conversion of the facility? 20-8-101 et s
86-188Is there a law stating that a sheriff for the State of Arkansas must house city and state prisoners, and if so, how much can they charge in fees to the city and state for their services? 12-41-501; 12-41-503; 12-41-502; 12-29-501. RESPONSE: Yes. 12-41-506. The quorum court sets the fees. As to
86-189Are establishments that carry on the business of selling prepared food for take-out and delivery only and which have no facilities for on-premise consumption required to collect a gross receipts tax pursuant to 26-75-602, 26-75-701? Are establishments that carry on the business of selling prepared
86-191Can two county employees, a deputy sheriff and a maintenance man, work on Saturdays to help supervising the road crew and be paid from county funds in addition to their regular salaries? ANSWER: No. It violates 14-14-1202. Conflicts of interest.
86-193No specific question posed. Requestor wants an interpretation of A.C.A. 27-51-1104. RESPONSE: There is no ambiguity, and in the absence of a specific question, cannot interpret.
86-194Is 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
86-195If A sells goods to B and B pays most of the price down and takes delivery, and then pays the balance with a check that is returned for insufficient funds, can B be prosecuted under the hot check law? 5-37-307; 21-6-411; 16-21-120. ANSWER: No. The hot check law was amended in 1985 so as to excl
86-197Is it proper to charge a filing fee for affidavits and warrants of arrest in municipal court? 16-81-106 16-81-104. RESPONSE: No. A victim of crime should not have to pay a fee to bring the perpetrator to justice. Arkansas Constitution Art. 2, sec. 13.
86-198Is it legal for a County Quorum Court to use County funds from either Revenue Sharing or the General Fund, to make grants or investments, if you will, to non-profit entites such as SCAN, The Area Council on Aging, The Veterans Administration, The Red Cross, The Community Action Program for Central A
86-199Can the Department of Health enforce its regulations against agricultural facilities becoming public nuisances against facilites which were in existence one year prior to the effective date of 2-4-107? ANSWER: No. The act exempts these facilities, and says no facility which was in existence one ye
86-203Is 20-49-301 et seq., relating to the sterilization of incompetent persons, constitutional? If so, what is its relation to 20-9-602? ANSWER: No. It is constitutionally suspect because it does not afford due process to the mentally incompetent or retarded person.
86-204Under Amendment 55 of the Arkansas Constitution and Act 742 of 1977, is it permissible for the county judge acting in his executive capacity to establish procedures for the repair of paving cuts on county roads? Q2) Under these provisions, may the quorum court establish such procedures? ANSWER: Q
86-206Tax Sheltered annuities. Whether state employers can make deductions for deferred compensation plans only for insurers that they endorse? ANSWER: Yes. 21-5-504, 21-5-506, 21-5-510.
86-207Physician supervision of lay midwives. Has the Arkansas State Boar d of Health exceeded its authority in the promulgation of rules and regu lations requiring specific physician supervision of lay midwives? No. 17-85-102
86-208Amendment 59, Section 26-25-10. Whether the millage rate can be increase d only 10 percent each year after reappraisal or whether after the first year following reappraisal the quorum court can raise the millage rate to what it was originally before reappraisal. Section 14(a) of Amendment 59
86-213Hot checks violations. 1. If a hot check is written within the city limits of Sheridan, does the fine go into the city treasury or the county treasury? 2. Should the hot check warrants for violations within the city limits be handled by the city police and the hot check warrants for violations o
86-215Are Educational cooperatives authorized under Act 349 of 1985 eligible to participate in the distribution of the non categorical Chapter 2 block grant funds on the same basis as local school districts? Q2) May a local educational agency award any part of the non categorical Chapter 2 block grant
86-218Is a circuit or chancery clerk and/or any other individual appointed as a master or commissioner in chancery a county employee? 2) Is a master or commissioner in chancery entitled to fees as compensation, or must compensation be set by quorum court ordinance if the individual is considered a county
86-231Whether the quorum court must appropriate the money raised by the increased fee before the money may be spent. Victim/Witness Fund and the Indigent Attorneys Fund. Q2) Also, whether the money raised by these fees must be appropriated by the county? RESPONSE: Q1) Yes. Q2) Yes. Section 14-14-907
86-233Whether a Municipal Judge for the city of Newport and Jackson County may be elected pursuant to Act 26 of 1965? RESPONSE: Only if the city fits the population classification of the Act in 1960.
86-234Involuntary commitment of individuals directly to the State Hospital. Section 20-47-210; 20-47-208. Q1) In the event a family member brings the respondent directly to the State Hospital, and the State Hopsital finds ground to detain that individual, may the family file a petition in Pulaski County
86-235Does Act 160 of 1975, as amended, permit the use of designations such as "Licensed Public Accountant" and "Registered Public Accountant" or abbreviations therefore, i.e., "LPA" and "RPA", by persons registered by the Board under Section 5 of Act 160? ANSWER: No. These may be confused with "CPA" a
86-239How many days should a city of the second class have to publish an ordinance in a newspaper of general circulation within the city after the ordinance is adopted by the city council, and the effective date of the ordinance with respect to referendum action and publication. Section 14-55-205; 14-55-
86-240Is it in fact a conflict of interest for the city building inspector, employed by the city, to make inspections while wearing a uniform, badge and carrying a pistol. Q2) Does the city need to show cause if it elects to terminate a city building inspector. ANSWER: Q1) It should be discouraged. Q2
86-244What acreage is retained for assessment purposes on the tax roll, when the south half of a quarter section is conveyed and the original quarter section, was in deed, a fractional quarter section that was above normal size. RESPONSE: Whatever figure represents one-half of the actual acreage that wa
86-245Can Junction City, Arkansas, and/or the volunteer fire department which serves both Junction City, Arkansas and Junction City, Louisiana purchase a building in Louisiana to house the volunteer fire department's vehicles and equipment? Q2) What effect, if any, would there be on Arkansas' insurance t
86-250Do existing Arkansas statutes provide for the levy of a boat registration fee as proposed by the Garland County Sheriff? That proposal is that Garland County would levy an annual $10.00 registration fee on boats operated on Lake Hamilton. Such fee would then be used for equipment and salaries for
86-252Under the Physical Therapy Practice Act may a physician's clinic provide physical therapy by delegating responsibility to a staff individual or a nurse's aid if it is unlicensed under the act? Section 17-92-102. ANSWER: No.
86-253Whether or not the Cleveland County Quorum Court had legal authority to establish a separate county-wide municipal court system on February 3, 1977. See Section 16-17-201; Section 16-17-503. ANSWER: No.
86-258Regarding the propriety of legislation in Arkansas which would preclude an employer who is asked for a job reference for a former employee from having liability except for intentional false statements made about that employee to a prospective employer. ANSWER: Such legislation would not impact sui
86-260Should a municipal judge be elected on a county wide basis after the adoption of a Federal Decennial Census? RESPONSE: See Act 26 of 1965.
86-264When a law enforcement officer is transporting a person who is considered homicidal, suicidal, or gravely disabled, what amount of force may be used in carrying out the request for transportation. ANSWER: Reasonable force. ASA 20-47-210, -213. UNOFFICIAL.
86-265Whether state law prohibits a city from withdrawing from the public employee retirement system. If so, whether such an act would be constitutional or in violation of Article 23 of the Arkansas State Constitution. Section 24-4-301. RESPONSE: Yes, unless it withdrew prior to 01/01/82.
86-267Whether a conflict of interest arises when a city councilman votes on issues which relate to his private employment. 1. Is there a conflict where a councilman who is also a manager for a State School for the handicapped votes to blacktop a road around the school; 2. Is there a conflict where a ci
86-273Fidelity bond coverage requirements for Arkansas Public Employees Retirement System employees considering Act 793 of 1977 and Act 286 of 1985. Q1) Is the Arkansas Public Employees Retirement System still required to have $1,000,000 in total coverage? Q2) If so, should the State Risk Manager incre
86-274Whether the Department of Human Services is defined as a health and social agency. Q2) Whether the release of information required by Act 1020 of 1985 constitutes a breach of confidentiality. CFR Sec. 361.49, Act 1020 Sec. 3(1)(a). A.C.A. 20-14-401, 20-14-402, 20-14-403, 20-14-404. RESPONSE: Q1
86-275Whether Arkansas' partnership laws would attach to Lorimar Film Partners, L.P., which was formed under the limited partnership laws of Delaware should the Arkansas Public Employees System decide to invest monies in that entity? ANSWER: No. It is subject to the laws of Delaware. Section 4-43-705.
86-277The validity of a county ordinance which provides funding for a solid waste disposal system in Hot Springs County. Section 8-6-301; 8-6-302; 8-6-306. RESPONSE: It is valid.
86-278Whether this Act prohibits the operation of golf carts on public streets and highways. Act 1011 of 1985; Section 27-21-101; 27-21-103; 27-21-104; 27-21-102. ANSWER: No. A golf cart is not an "all-terrain" vehicle under this act, but still must comply with all other equipment regulations to oper
86-282Q1) Is it legal for the spouse of an elected alderman to work for the city utility? Q2) If it is legal for said spouse to work for said utility, should the Alderman-spouse refrain from voting on any issue that pertains to the utility where the spouse works? Section 14-42-107. RESPONSE: This is a
86-283Whether county monies can be spent in the defense of a lawsuit against a county judge by a taxpayer alleging that the county judge has engaged in illegal practices in violation of the constitution and statute of the State of Arkans as and ordinance of Scott County, Arkansas? Section 16-21-114
86-285If there is no offense of shoplifting, as defined by the Arkansas Criminal Code, can we create a presumption which gives rise to an offense of shoplifting? Q2) Do the provisions of Section 5-36-116 and the presumption created by 5-36-102 apply to the larcenous acts of an employee? Q3) If the Arka
86-287Whether under Section 3 of Act 986 of 1985 a county is required to match dollar for dollar any funds received from the County Solid Waste Management System Aid Fund. Also see Act 986 of 1985, Sec. 4(2); 19-5-1019, 8-6-301 to -307. RESPONSE: No.
86-2901. Whether the proper interpretation of 42 U.S.C. Section, 300 X-4 is to set aside 3% in fiscal year 1985 and any other fiscal year not less than 5% of t he total Block Grant to provide new or expand on existing programs that provi de alcohol and drug abuse services to women? 2. If yes, if the Of
86-291Whether the American Legion and VFW are exempt from ad-valorem taxation because they qualify as "public charities." Article 16, Section 5 of the Arkansas Constitution. See Amendment 59 Sec. 17. RESPONSE: It appears not.
86-297Approval of a proposed popular name and ballot title entitled "Equal Requirements for passage of all bills levying taxes." ACA 7-9-107.
86-298Teacher employed at UAM and a member of Teacher Retirement System prior to and through part of July 1, 1971. Q1) Is the teacher eligible to purchase service credit with the Teacher Retirement System under the conditions described above? Q2) Can the Teacher Retirement System legally accept back con
86-301Alternative Service Act of 1975. 16-93-507. Whether Sections 4(d)(i) and (ii) of Act 378 of 1975, as amended, which are codified as 16-93-507, permit an inmate to be eligible for alternative service and eligible for pardon and/or parole? Q2) Can the Commission have access to expunged records? RE
86-302Commemorative Commission; Section 13-7-201; How many commissioners should serve on this Commission? ANSWER: The Arkansas Commemorative Commission is to be comprised of eight commissioners -- two appointed at-large and one each from the six congressional districts which were established by Act 297
86-307This opinion is in regards to the expenditure of a balance of funds resulting from property assessments in No Fence District #1 of Jefferson County. Whether these remaining funds may be used to supplement other available funds to construct a county jail? ANSWER: Yes. Section 14-386-505.
86-309Does service by mail under Rule 4(d)(8) apply only to the United States Postal Service or may it also apply to a private mail deliver such as Federal Express, UPS, or some other private courier type service? ANSWER: Both. Arkansas Rules of Civil Procedure -- #'s 55(c) and 60(b).
86-311Doctrine of sovereign immunity. Section 21-9-301. Whether improvement districts, soil conservation districts, economic development districts and volunteer fire departments are to be considered "political subdivisions" under Section 21-9-301. ANSWER: Yes.
86-313Arkansas Historic Preservation/ FOIA/quarterly meetings of the State Review Committee for Historic Preservation. Whether the State Review Committee for Historic Preservation of the Arkansas Historic Preservation Program can go into executive session to discuss properties nominated for inclusion on
86-315Can the surviving spouse of a member who retired prior to his or her death participate in the health benefit program as established under the authority of Act 951 of 1985? Q2) Can the surviving spouse of a member who died while an active uniformed employee continue coverage under the health benefi
86-318What is the effective date of amendment #3 to the Arkansas State Plumbing Code? Under their own established rules of procedure, the Arkansas State Board of Health has set the number of days to be 20 days after they are filed with the Secretary of State
86-320If the cost of the project exclusive of the cost of the land upon which the improvements are to be located exceeds $20,000.00, is it mandatory that the general contractor and all subcontractors required by the statute: a) plumbing; b) heating; c) ventilating; d) Air Conditioning; e) Electric wiri
86-321Must the county coroner be notified of all deaths that occur under suspicious or unusual circumstances within the county? Q2) May a deputy coroner sign a death certificate? ANSWER: Q1) Yes. Q2) No. See ACA 16-83-103, 12-12-315, and 16-85-707.
86-325Whether a burial association may invest its reserves in mutual funds which invest only in U.S. Government Securities. Act 91 of 1953, Section 23-78-101.
86-326Possible tax amnesty program for the State of Arkansas. 1) Does the Commissioner of Revenue for the State of Arkansas have legal authority to administratively implement a tax penalty amnesty program which would relieve taxpayers from liability for civil or criminal penalty, interest or tax, pursuan
86-329Does a public facilities board or any other board appointed by city have the authority to exempt real and/or personal property from ad valorem taxes payable to the county or any other taxing unit within the county? Q2) Does a public facilities board or any other board appointed by a county have th
86-336Whether or not suburban improvement districts, central business improvement d istricts, levy district, drainage districts, or other similar type districts are considered to be counties or municipalities under the Supreme Court decis ion in the City of Hot Springs v. Creviston, 288 Ark. 286, 705 S.W
86-337What will be the effective date of Acts passed at the Second Extraordinary Session of the 75th Arkansas General Assembly which did not carry an emergency clause or on which the emergency clause failed to pass? Q2) What will be the deadline, both day and hour, for filing petitions to refer an Act pa
86-338Charging a fee for serving a summons by certified mail. Rule 4 of the Arkansas Rules of Civil Procedure states that a party or the party's attorney of record can serve a summons by certified mail. Opinion No. 89-060 stated that an attorney could charge a fee that was analogous to service by teleph
86-339Whether the increased fee established in Act 351 of 1985 for providing a certified copy of a birth certificate by the State Registrar in an adoption case, Section 20-18-306, is included in the $75.00 uniform advance fee established by Act 898 of 1983? ANSWER: No.
86-340The method of election of city directors under Hot Springs newly adopted city manager form of government. Section 14-47-109; 14-42-203. RESPONSE: They should be elected at large.
86-345Asbestos abatement project. Q1) What is the extent of State Building Services' liability as an agency and as individual's when preparing contract documents (plans and specifications) for asbestos abatement projects in state owned buildings? Article 5, Section 20 of the Constitution. ACA 21-9-203.
86-346What process must a shcool district follow to collect property taxes from a bankrupt corporation (North American Car Corporation)? ACA 20-9-201, 20-10-2 13, 20-10-301, 20-10-101, 20-10-201. RESPONSE: File a claim with the bankruptcy court.
86-347Under A.C.A. Section 24-11-818 to -819 is the definition of "physically or mentally disabled" a total disability, unable to have gainful employment, or it just unable to perform the duties of a firefighter? ANSWER: Just unable to perform the duties of a fire fighter.
86-348The validity of Regulation 1901, Section 4 of the Office of Long Term Care. Whether the above regulation is a proper interpretation of A.C.A. Section 20 -9-201, and if it is a valid classification. Distinguishes between nursing homes and residential home facilities. RESPONSE: Yes, it is valid.
86-350Can a school district that has not elected to operate with a district treasurer maintain bank accounts for lunchroom funds and school sponsored "activity" funds, such as athletic funds, fees and rentals, or bookstore operations? Q2) Can anyone other than the ex-officio financial secretary of a scho
86-352The owners of one corporation form another corporation with the addition of one owner. The owners then hire employees through the new corporation, and the new corporation leases equipment from the old corporation, and then subcontracts work from the old corporation. QUESTION: Which corporation wi
86-355Re: the feasibility of challenging the Food Security Act of 1985, P.L. 99-198, Section 1505. P.L. 99-198 requires that states exempt food stamp purchases from state and local sales taxes in order to participate in the federal Food Stamp Program. ANSWER: A challenge would in all likelihood be unsu
86-3561) Whether Act 877 authorizes a state bank, bank holding company and/or their subsidiaries to engage in real estate investment and development where the project is condominium units which will be developed and constructed at the same time. 2) Whether Act 877 authorizes a state bank, bank holding c
86-359Whether the greyhound racing franchise held by Southland Racing, an Arkansas corporation, would devolve to and vest in the surviving corporation in the pr oposed merger you outlined? Section 4-26-1009, 4-26-1005, 23-111-201
86-361An Opinion regarding the procedure which the Crawford County Quorum must follow to establish an increase in fees levied for that county's emergency medical services and also regarding the County Coroner's potential conflict of interest in owning and/or managing the county's ambulance service. ANSWE
86-362A.C.A. Section 4-28-222. How is voluntary dissolution of a non-profit corporation accomplished? ANSWER: There is no statutory procedure, but could probably amend the articles of incorporation to state a specific duration of the corporation. See also, A.C.A. 4-28-205.
86-3631. The legality of the action by a Civil Service Commission disciplining an assistant police chief by reducing him in rank to captain; 2. Whether the pr omotion rights of current lieutenants in subject police department are infrin ged in that the demoted police chief has never taken the examinati
86-365Is a legislator of the State of Arkansas an "employee" within the meaning of Act 483 of 1979? That is, does the Ethics in Public Contracting Act, its requirements and prohibitions, apply to a state legislator? Q2) If an "employee," within the meaning of Act 483 of 1979, is a partner with another
86-366Is it permissible to instead designate the issues on the ballot as "1986 Proposed Constitutional Amendment No. 1", ----No. 2, ---No. 3, etc., and then assign an actual amendment number to those issues which are certified as adopted after the election? Q2) Is it permissible to rotate these monthly
86-367Competitive bidding requirements on contracts over $5,000 for First Class Cities. Section 14-58-303. The question stated is that the City of Fayetteville reportedly awarded a contract for archeological work in the amount of approximately $70,000 without taking bids on said contract. ANSWER: See
86-368Does anything in Arkansas law preclude our charging a subscription fee for a magazine that at first will be supported primarily by state tax revenues? Section 15-11-101. RESPONSE: No.
86-371May the Quorum Court appoint any person it chooses as an official to solemnize marriages in the county? If no, what qualifications must a person possess to be eligible for such appointment? Section 9-11-213. ANSWER: Opinion superseded by Att'y Gen Op. No. 92-046.