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Attorney General Opinions

2024-024
State Senator Jim Dotson
Question: Can the General Assembly under Amendment 7 amend an initiated constitutional amendment by a 2/3 majority?

Brief Response: The plain language of Amendment 7 gives the General Assembly power to amend initiated constitutional amendments. In 1951, the Arkansas Supreme Court reasoned thatโ€”read literallyโ€” Amendment 7 does just that. But the Court departed from the text because it did not believe the people could have intended to give the General Assembly that power. In my opinion, that decision employed an erroneous form of reasoning and was wrongly decided. If this issue were raised today, I believe the Supreme Court would overturn that case and hold that the plain language controls.
2024-085
Mr. Colby T. Roe
Request for review and approval of an interlocal cooperation agreement between the City of Fort Smith, Arkansas, and Sebastian County, Arkansas, entitled โ€œMutual Aid/Interlocal Agreement for the Establishment of Consolidated Public Safety Answering Point and Dispatch Center.โ€

Brief Response: After reviewing the submitted interlocal agreement, I have determined that it does not meet the requirements of A.C.A. ยงย 25-20-104 because it fails to specify how to dispose of property upon partial or complete termination of the agreement. Thus, I cannot approve it.
2024-086
State Senator Scott Flippo
Question: Are vehicles with temporary preprinted buyerโ€™s tags also required to be registered under A.C.A. ยงยงย 27-14-701 to -727?

Brief Response: Yes. Vehicles with temporary preprinted buyerโ€™s tags must still be registered within 60 days of being transferred to a new owner. Attaching a temporary preprinted buyerโ€™s tag only temporarily satisfies certain buyersโ€™ duties to display a valid license plate on a vehicle. Regardless of the license plate, all vehiclesโ€”except those specifically exemptedโ€”must be registered within the 60 days, even if they have a temporary preprinted buyerโ€™s tag.
2024-024
State Senator Jim Dotson
Question: Can the General Assembly under Amendment 7 amend an initiated constitutional amendment by a 2/3 majority?

Brief Response: The plain language of Amendment 7 gives the General Assembly power to amend initiated constitutional amendments. In 1951, the Arkansas Supreme Court reasoned thatโ€”read literallyโ€” Amendment 7 does just that. But the Court departed from the text because it did not believe the people could have intended to give the General Assembly that power. In my opinion, that decision employed an erroneous form of reasoning and was wrongly decided. If this issue were raised today, I believe the Supreme Court would overturn that case and hold that the plain language controls.
2024-085
Mr. Colby T. Roe
Request for review and approval of an interlocal cooperation agreement between the City of Fort Smith, Arkansas, and Sebastian County, Arkansas, entitled โ€œMutual Aid/Interlocal Agreement for the Establishment of Consolidated Public Safety Answering Point and Dispatch Center.โ€

Brief Response: After reviewing the submitted interlocal agreement, I have determined that it does not meet the requirements of A.C.A. ยงย 25-20-104 because it fails to specify how to dispose of property upon partial or complete termination of the agreement. Thus, I cannot approve it.
2024-086
State Senator Scott Flippo
Question: Are vehicles with temporary preprinted buyerโ€™s tags also required to be registered under A.C.A. ยงยงย 27-14-701 to -727?

Brief Response: Yes. Vehicles with temporary preprinted buyerโ€™s tags must still be registered within 60 days of being transferred to a new owner. Attaching a temporary preprinted buyerโ€™s tag only temporarily satisfies certain buyersโ€™ duties to display a valid license plate on a vehicle. Regardless of the license plate, all vehiclesโ€”except those specifically exemptedโ€”must be registered within the 60 days, even if they have a temporary preprinted buyerโ€™s tag.
2024-024
State Senator Jim Dotson
Question: Can the General Assembly under Amendment 7 amend an initiated constitutional amendment by a 2/3 majority?

Brief Response: The plain language of Amendment 7 gives the General Assembly power to amend initiated constitutional amendments. In 1951, the Arkansas Supreme Court reasoned thatโ€”read literallyโ€” Amendment 7 does just that. But the Court departed from the text because it did not believe the people could have intended to give the General Assembly that power. In my opinion, that decision employed an erroneous form of reasoning and was wrongly decided. If this issue were raised today, I believe the Supreme Court would overturn that case and hold that the plain language controls.
2024-085
Mr. Colby T. Roe
Request for review and approval of an interlocal cooperation agreement between the City of Fort Smith, Arkansas, and Sebastian County, Arkansas, entitled โ€œMutual Aid/Interlocal Agreement for the Establishment of Consolidated Public Safety Answering Point and Dispatch Center.โ€

Brief Response: After reviewing the submitted interlocal agreement, I have determined that it does not meet the requirements of A.C.A. ยงย 25-20-104 because it fails to specify how to dispose of property upon partial or complete termination of the agreement. Thus, I cannot approve it.
2024-086
State Senator Scott Flippo
Question: Are vehicles with temporary preprinted buyerโ€™s tags also required to be registered under A.C.A. ยงยงย 27-14-701 to -727?

Brief Response: Yes. Vehicles with temporary preprinted buyerโ€™s tags must still be registered within 60 days of being transferred to a new owner. Attaching a temporary preprinted buyerโ€™s tag only temporarily satisfies certain buyersโ€™ duties to display a valid license plate on a vehicle. Regardless of the license plate, all vehiclesโ€”except those specifically exemptedโ€”must be registered within the 60 days, even if they have a temporary preprinted buyerโ€™s tag.