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Under what conditions may a school district that was required to go to zoned board elections based solely on Act 60 of 2003, return to at-large board elections? Q2) If such a change as is contemplated in question 1 is possible, when would the change back to at-large elections become effective? Q3) Is it possible for a school district that elects all school board members from single member zones to convert to a combination of single member zones and at-large positions? Q4) Is it possible for a school district to convert from electing board members from multiple zones with substantially equal population to a system of electing school board members from only two zones, one for each of the original districts, and having as boundaries the former district lines? RESPONSE: Your first and second questions are governed by A.C.A. 6-13-1413 (Supp. 2007), which prescribes detailed procedures for resulting districts wanting to return to at-large board elections. In my opinion, the answer to your third and forth questions is "no." There is no mechanism by which resulting districts can move directly from single-member zones to either a combination of at-large and zoned positions or the system you describe in question four. But after resulting districts complete the transition to all at-large positions, it is unclear whether they can move to some combination of at-large and zoned positions, or the system you describe in question four. Legislative clarification on this score is indicated.

Does a volunteer fire department have the ability to exempt a person, business, occupiable structure, or tax exempt organization from paying fire department dues under A.C.A. 14-20-108? Who or what entity, if any, has the authority to make exemptions? Q2) Does A.C.A. 14-20-108(a)(3), which allows for an exemption of active members of the fire department from paying dues, have any affect on the answer to question 1? Q3) A.C.A. 14-20-108(a)(2) states that an ordinance enacted by the court shall set forth the terms and conditions on which such dues are to be collected by the county and remitted to the volunteer fire department. Can this ordinance provide for exemptions or give someone the power to make exemptions? Q3a) If the ordinance is silent on the issue of exemptions, will this limit the ability to make exemptions? Q4) If an occupiable structure is tax exempt, how are the fire department dues billed and collected? RESPONSE: With respect to your first question, in my opinion, fire departments are only permitted to exempt active, volunteer firefighters pursuant to A.C.A. 14-20-108(a)(3). With respect to the second part of your first question, the quorum court and fire departments may only exempt those mentioned in subsection 14-20-108(a)(3). Q2) It is my opinion that subsection 14-20-108(a)(3)'s exemption does not alter the statute's general "no exemption" stance. Q3) Subsection 14-20-108(a)(2)'s phrase "terms and conditions" does not permit the quorum court to include additional exemptions, in my opinion. Q3a) Given my answers to your first three questions, I believe this question is moot. Q4) As for your final question, I cannot opine about the practical concerns regarding how the quorum court's ordinance is implemented.

When a regular census is taken that results in a population increase supporting the issuance of ten (10) additional liquor permits, but the ABC Board issues three (3) liquor permits, leaving seven (7) unissued liquor permits for the area; may the ABC Board, in their discretion and at a future date(s), accept additional applications for and issue additional liquor permits up to the maximum number supported by the most recent regular census pursuant to procedures set forth in A.C.A. 3-4-208? RESPONSE: The Alcoholic Beverage Control Board and the Division likely may, but are not required to, accept additional applications at a later date after the census figures have been determined, and issue additional liquor permits up to the maximum number supported by the most recent regular census. See A.C.A. 3-4-201 and 3-4-208.