Press Releases

Question 1: Under the Arkansas Constitution, can the General Assembly grant permission to a federal law enforcement agency to enforce Arkansas state law?

Brief Response: Yes. The Arkansas Constitution does not prohibit the General Assembly from granting federal law enforcement officers authority to enforce state law. And it granted that power in A.C.A. § 16-81-106(g)(1), allowing specific “persons employed as full-time law enforcement officers” by designated federal law enforcement agencies to “be empowered to act as officers for the arrest of offenders against the laws of this state … to the same extent and under the same circumstances as certified state law enforcement officers.”

Question 2: Under Arkansas law, can a political subdivision grant permission to a federal law enforcement agency to enforce Arkansas state law?

Brief Response: Yes, if the General Assembly has delegated law enforcement authority to the political subdivision.

Question 3: Can federal law enforcement agency personnel enforce Arkansas state law if they are outside their jurisdiction?

Brief Response: Yes. The federal law enforcement officers listed in A.C.A. § 16-18-106(g)(1) can enforce state law outside their jurisdiction in the four situations discussed in the opinion below.

Question 4: Does Arkansas state law apply on federal public lands so that federal law enforcement agency personnel can enforce Arkansas state law there?

Brief Response: Probably yes. The United States Supreme Court has explained that states can “enforce [their] criminal and civil laws on federal land so long as those laws do not conflict with federal law.” But without knowing the state law at issue, I cannot definitively say whether it is compatible with federal law and thus may be enforced on federal public lands.

Request for review and certification of the popular name and ballot title of a proposed constitutional amendment with the popular name, “The Clean and Healthy Natural Environment Amendment.”

Brief Response: Having reviewed the text of your proposed initiated amendment, as well as your proposed popular name and ballot title, I have concluded that I must reject your proposed popular name and ballot title and instruct you to redesign them. Problems in the text of your proposed amendment prevent me from (1) ensuring your ballot title is not misleading or (2) substituting a more appropriate ballot title.

Question 1: Under Arkansas law, more specifically the Arkansas Safe Haven Act, is the installation and operation of a Safe Haven Baby Box at a city-owned fire station legally permissible?

Brief Response: Yes, the Arkansas Safe Haven Act expressly permits the installation and operation of a newborn safety device at a city-owned fire station, provided specific statutory conditions are met.

Question 2: Under Arkansas law, are there any specific safety regulations, building or fire codes, or other compliance requirements—at the state or local level—that must be met to fully comply and lawfully operate a Safe Haven Baby Box?

Brief Response: Yes, in addition to the Arkansas Safe Haven Act’s requirements, the installation and operation of a newborn safety device must comply with the Arkansas Fire Prevention Code and the codes adopted by the City of Beebe.

Question 3: Would the City assume any legal liability or risk by allowing the installation and operation of a Safe Haven Baby Box on municipal property, whether maintained by the City or in partnership with an outside organization?

Brief Response: Generally, a city is protected by statutory qualified immunity under A.C.A. § 21-9-301 for claims involving negligence, unless liability insurance applies. In addition, the Arkansas Safe Haven Act provides fire departments with civil and criminal immunity for good faith actions related to the installation and operation of a newborn safety device. But this immunity does not extend to intentional misconduct, nor does it apply to third-party organizations, such as non-profits or manufacturers, which may still face liability.  

Question 4: Are there any additional certifications or testing requirements, federal, state, or otherwise, required or applicable to the installation and operation of a Safe Haven Baby Box?

Brief Response: At this time, there are no specific federal or state certifications required beyond those outlined in Arkansas law and applicable fire, building, and mechanical codes. The Arkansas Safe Haven Act requires regular testing and inspection of newborn safety devices, and those requirements should be strictly followed.