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 that—read literally— 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 “Mutual Aid/Interlocal Agreement for the Establishment of Consolidated Public Safety Answering Point and Dispatch Center.”
Brief Response: After reviewing the submitted interlocal agreement, I have determined that it does not meet the requirements of A.C.A. § 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 buyer’s tags also required to be registered under A.C.A. §§ 27-14-701 to -727?
Brief Response: Yes. Vehicles with temporary preprinted buyer’s tags must still be registered within 60 days of being transferred to a new owner. Attaching a temporary preprinted buyer’s tag only temporarily satisfies certain buyers’ duties to display a valid license plate on a vehicle. Regardless of the license plate, all vehicles—except those specifically exempted—must be registered within the 60 days, even if they have a temporary preprinted buyer’s tag.