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Attorney General Opinions

2026-072
Mr. Damon Charles Sanford
2026-07-24

Question: Is the custodianโ€™s decision to withhold the requested employee-evaluation records consistent with the FOIA?

Brief Response: Yes, the custodianโ€™s decision to withhold the evaluation records of employees who have not been suspended or terminated is consistent with the FOIA.

https://opinionstorage.blob.core.windows.net/opinions/2026-072.pdf?sv=2024-11-04&spr=https&st=2025-11-10T16%3A56%3A20Z&se=2033-01-02T01%3A11%3A20Z&sr=c&sp=racwdl&sig=f4DaaI85zQD1LrafTHkslBvUPZhTHLXbHbLjhM45yLg%3D
2026-066
Mr. David E. Johnson
2026-07-23

Request for review and approval of an Intergovernmental Agreement between Central Arkansas Water and the North Little Rock Wastewater Utility.

Brief Response: After reviewing the Intergovernmental Agreement, I have determined that the Interlocal Cooperation Act does not apply; therefore, my approval is not required.

https://opinionstorage.blob.core.windows.net/opinions/2026-066.pdf?sv=2024-11-04&spr=https&st=2025-11-10T16%3A56%3A20Z&se=2033-01-02T01%3A11%3A20Z&sr=c&sp=racwdl&sig=f4DaaI85zQD1LrafTHkslBvUPZhTHLXbHbLjhM45yLg%3D
2026-063
State Senator Tyler Dees
2026-07-23

Question: Does Act 839 of 2025 exempt from taxation sources of Name, Image, and Likeness (โ€œNILโ€) income other than compensation received from an institution of higher education or income received through a revenue-sharing arrangement.

Brief Response: The NIL tax exemption would not apply to direct payments made by a private business (or any other entity that is not an institution of higher education) to a student-athlete for the use of his or her NIL. Further, a student-athlete could not claim a tax exemption for NIL-related income from a private business under the guise of a payment to an โ€œemployeeโ€ of an institution of higher education. But whether an exemption applies to any particular income is a fact-specific issue and any factual dispute concerning the applicability of an exemption should be resolved initially by the Department of Finance and Administration.

https://opinionstorage.blob.core.windows.net/opinions/2026-063.pdf?sv=2024-11-04&spr=https&st=2025-11-10T16%3A56%3A20Z&se=2033-01-02T01%3A11%3A20Z&sr=c&sp=racwdl&sig=f4DaaI85zQD1LrafTHkslBvUPZhTHLXbHbLjhM45yLg%3D