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Register for free for Innovation with Integrity: Embracing AI Responsibly in Your Legal Practice.
Register for free for Innovation with Integrity: Embracing AI Responsibly in Your Legal Practice.
Request for review and certification of the popular name and ballot title of a proposed constitutional amendment with the popular name, “The 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, for reasons explained in the opinion, I must reject your proposed popular name and ballot title and instruct you to redesign them.
Request for review and certification of the popular name and ballot title of a proposed constitutional amendment with the popular name, “A PROPOSED CONSTITUTIONAL AMENDMENT TO ABOLISH THE OFFICE OF CONSTABLE.”
Brief Response: The popular name and ballot title are substituted and certified.
Question 1: Do Arkansas procurement laws apply to a Regional Intermodal Facility when contracting for: public works construction projects; commodities; or professional services?
Brief response: No. Arkansas procurement laws apply to state agencies, but Regional Intermodal Facilities are public corporations that are not entities of the state. If a Regional Intermodal Facility possessed “state commodities,” then the Arkansas Procurement Law could apply. But I lack sufficient facts to determine whether that is the case here.
Question 2: What provisions of Arkansas law apply to any contracts entered by and between Regional Intermodal Facilities that concern or involve public funds, public works construction projects, commodities, or other services?
Question 3: Does Arkansas law exempt Regional Intermodal Facilities from state laws regarding contracts for: public works construction projects; commodities; or procurement of professional services with public funds?
Question 4: What Arkansas law, if any, prohibits or restricts the sale of real or personal property owned by a Regional Intermodal Facility?
Brief response: To answer these three questions together, the Regional Intermodal Facilities Act controls over conflicting law. Under A.C.A. § 14-143-129, a Regional Intermodal Facility is not required “to comply with the general provisions of law dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition,” except as provided for under the Regional Intermodal Facilities Act.
