AAC
Family & Friends
» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »
AG Opinions: From handguns to payment of burial expenses AG OPINION NO. 2015-064
The Attorney General rendered her opinion on the interpretation of Act 746 of 2013, ACA 5-73-120(a). The AG concluded that a person is permitted to carry a handgun, knife or club in a vehicle when traveling outside his or her county, regardless of whether the weapon is concealed or in plain view in the vehicle and regardless of whether the person has a license to conceal carry. If the person takes the weapon out of the vehicle, the journey exception (above) no longer applies, and the person will risk committing the offense of “carrying a weapon.” The AG opines that so long as the person has no intent to unlawfully employ the handgun, knife or club against another person, the person may lawfully carry the weapon outside the vehicle. She adds to lawfully carry a concealed handgun it will be necessary to obtain a concealed-carry license. The AG notes the capacity of law enforcement to investigate and the factors that constitute reasonable suspicion. {There may be litigation and future court rulings on adjudicating these issues}.
AG OPINION NO. 2015-066
Juvenile probation officers and juvenile intake officers are required to complete their initial certification requirements within one year of employment; and for the county to be eligible for state reimbursement, whichever is less of $15,000 per year or half of the officer’s salary, the juvenile probation and juvenile intake officers must be: (a) certified according to the laws of Arkansas and (b) the salary is paid by the county for the period of one year. See ACA 16-13-327 (d) and 328(d). The AG concluded that as long as
We want your news 12
AG Opinions
the county pays a full year’s salary for the position for an officer or officers (initial officer and replacement officer) that meet all the statutory requirements for their position, and the county submits supporting documentation, the AG likely concludes reimbursement by the state is warranted and authorized. The AG noted legislative clarification is warranted. {Also, the reimbursement ceiling of $15,000 for half of the salary is outdated (from 1989) and the reimbursement mechanism is less efficient than a defined monetary reimbursement. All concerned should consider working together to address these legislative issues}.
to civil liability. Finally, the AG stated that although there is no statute dictating the responsibility for payment of a cremation, Mark Whitmore a county is AAC Chief Counsel authorized to make payment for such a cremation under the county court’s authority and assuming there are appropriated funds for that purpose.]
AG OPINION NO. 2015-068
AG OPINION NO. 2015-084
The AG examined whether it is lawful for a county to pay for burial or cremation expenses for a deceased individual when relatives are unable and/or refuse to pay. The AG determined that it is lawful for a county to order a burial or cremation and to pay the expenses. The AG further stated that, in her opinion, when relatives have waived their right to a body, the waiver vests the county with the authority to order and pay for the burial or cremation. [AG Opinion- 2006-011: The AG stated that the county court has the authority to enter a judicial order authorizing the cremation of an unclaimed body after following all of the procedures of applicable law, and in cases where the deceased is a “pauper.” The AG further explained that A.C.A. § 20-17-702(a) requires a “diligent search” for the relatives or next of kin of the deceased and through this search, a deceased’s status as a pauper can be determined. If a county orders a body to be cremated without authority to do so, the AG stated that the county could be subject
The AG examined several laws on the allocation of fines from citations and misdemeanors within the boundaries of a district court. The AG concluded that the implementation of electronic tickets did not change the process or allocation of fines among the cities within a county. The AG also determined the number of district courts is set forth by statute and the mere act of holding court in a location within a district court district does not establish another district court. The AG further explained that a city that operates a police department but does not operate a district court can only share in the revenues if they: (a) have entered a written agreement affixing their share of the obligation for operating the district court and (b) actually contribute their share for the operating expenses of the district court. The AG explains that the written agreement is to be by and between all of the governing bodies of all of the political subdivisions in the county.
Did an aspect of county government “make news” recently in your county? Did any of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail csmith@arcounties.org. COUNTY LINES, FALL 2015
