Attorney General Opinions

AG Opinions: Wet/dry petitions to jail reimbursement funds

AG OPINION NO. 2015-133

The AG concluded that petitions signed under prior law on a wet/dry issue could not be submitted and counted under a new and materially different law. The General Assembly reduced the signature requirements for wet/dry petitions from 38 percent to 15 percent and also amended the text of the measure reflected on the petitions. Those signing the original petition were declaring their support for a measure that was materially different from those signing petitions signed under the new act. The AG further explained that the signatures collected under the text of the original petition did not strictly comply with the text of the measure to be adopted. Therefore, the court would have little difficultly concluding that signatures collected under the prior law, before the amended law and text, cannot support holding an election under ACA § 3-8-602 as amended.

AG OPINION NO. 2016-001

The AG addressed questions regarding special school millage elections. The AG determined that a school may conduct a school millage election under ACA § 6-14-102(b) on the same day as the preferential primary. The AG noted that the law requires approval by the Commissioner of Education. The AG also determined that ACA § 6-14-102(b)(2) requires the school millage to be included as a single issue on a separate ballot (apart from the party primary ballots and the nonpartisan ballot). The AG concluded that a court would hold that the requirement of a school election law (under title 6) that no other issues appear on the ballot (and thus a separate ballot is required) supersedes the requirement of general election law (under title 7) that all questions appear on the party and nonpartisan ballots. The AG explained that when statutes conflict on the same subject matter, the more specific provisions of law prevail over the general provisions of law.

AG OPINION NO. 2015-131

Amendment 79 of the Arkansas Constitution adopted an annual credit against the ad valorem property tax on a homestead of not less than $300. The General Assembly increased the credit to $350 in 2009. The AG explained that a person who lives in a house they don’t own (a relative of the deceased landowners) is not entitled to the homestead credit. ACA § 26-26-1122 defines “property owner” as: an owner of record, a mortgagee, a buyer under a recorded contract to purchase, a person holding a recorded life-estate or under certain circumstances, etc. The AG further indicated that the opinion is consistent with the published guidance of the ACD and ACD’s guidelines in the areas of assessment, equalization, and collection of taxes should be afforded deference as provided by ACA § 26-24-106.

AG OPINION NO. 2015-123

The Attorney General addressed whether the Arkansas Department of Corrections (ADC) can use funds appropriated by the General Assembly for reimbursing counties for holding state inmates from County Jail Reimbursement Fund to make payment to contractors holding inmates for the ADC out of state. The AG explained that the General Assembly appropriation for county jail back up under ACA § 19-5-1045 is for “reimbursing counties for housing prisoners” sentenced to the ADC. It does not allow ADC to use the appropriation for another purpose or another entity. Also, ACA § 12-27-114(b) explicitly directs the payments under the fund be based upon certified invoices by the county as to the number of days that inmates were held in the county jail. The AG made clear the ADC cannot use funds expressly to be used to reimburse counties to satisfy ADC contractual obligations for holding inmates with private contractors (in state or out of state). The AG also noted that AG Opinion No. 2013-058 made clear that the authority of county sheriffs to transfer a state inmate is generally limited to another county or regional jail in Arkansas (not to a jail or detention facility out of state).

AG Opinions

Mark Whitmore AAC Chief Counsel

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