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AG OPINION NO. 2013-031
Te Attorney General explained the process and legal analysis
for use of cooperative
purchasing to piggy-back from the public bid process of political subdivisions of other states under a cooperative purchasing agreement in accordance with A.C.A. 19-11-201 et seq. Te AG explained that under the law a city or county in Arkansas may enter into a cooperative agreement and take advantage of the bids and bid
processes of another appropriate
procurement unit. Te law requires the State Procurement Director to determine in writing that the procurement system and procedures of the procuring entity substantially meet the requirements of the Arkansas cooperative purchasing law. Use of this procedure is one way for a county or city in Arkansas to make use of the bids of other proper purchasing entities in Arkansas and other states and to eliminate the redundancy and costs of procurement procedures such as soliciting bids and advertising. {Also, A.C.A. 14-22-106 has been explicitly amended to exempt purchases made through programs of the National Association of Counties (“NACo”) and the Association of Arkansas Counties (“AAC”); and goods or services if the quorum court has by resolution approved the purchase of goods or services through competitive bidding by: the federal government or its agencies, another state, or associations of governments below state level.}
AG OPINION NO. 2013-050
Te AG examined the law on treasurer’s commissions on funds handled by the collector for suburban improvement districts; and concluded that the law does not envision the treasurer handling suburban improvement
COUNTY LINES, FALL 2013
district assessments and does not provide for a treasurer’s commission for those funds. Unless otherwise provided by A.C.A. §§ 6-13-701; 6-17-908; 6-20-221; 14-90-913; 14-284-403; and 21-6-104; the county treasurers shall be required to collect as a treasurer’s commission 2 percent on all funds coming into their hands as treasurers and to be paid out of the respective funds. However, Act 41 of 1941, codified as A.C.A. 14-92- 230, contemplates the collector will directly pay the SID and does not contemplate any handling by the treasurer.
AG OPINION NO. 2013-052, 058
Te AG interpreted laws about transportation of inmates. Te AG concluded in AG Opinion 2013-052 that the sheriff is responsible for taking a back-up inmate from the county jail to the Arkansas Department of Corrections (“ADC”) once ADC bed space is available. Te AG determined that the $28 per day reimbursement for state inmates backed- up in the county jail awaiting transportation to the ADC in 2011 explicitly included as a component the costs of the sheriff transporting the state inmate to the ADC. Te costs study and 2003 substantive law, Act 370 of 2003, ACA 12-27-114 declared that the reimbursement rate shall include transportation of the back-up inmates by the sheriffs to the ADC. [It should be noted there is no dispute that county inmate costs far exceed the sum arrived at more than a dozen years ago.] Te AG concluded in AG Opinion 2013- 058 that a county with no operating jail may not transport their prisoners to a jail or prison located outside Arkansas. Te law limits the sheriff to transporting inmates to “some other jail located in this state,” except for juvenile
d e t e n t i o n s . Also,
A.C.A
12-49-102, the
Interstate
Corr e ctions Compact, clearly authorizes state, but not local governments to transport their inmates for detention in prisons or jails in other states. [Counties made need similar legislation.]
Mark Whitmore AAC Chief Counsel
AG OPINION NO. 2013-060 Te AG agreed with the opinion of the
Arkansas State Police, that All-Terrain Vehicles (“ATVs”) are not empowered upon meeting
safety and equipment highways in Arkansas under requirements
under A.C.A. 27-21-102 to generally operate on Arkansas streets and highways. Te AG determined that operation of an ATV’s upon streets
A.C.A. 27-21-106 is generally unlawful and restricted except for certain circumstances such as farming operations or to go from trailhead to trailhead under A.C.A. 27-21- 109. Te AG explained an ATV modified to comply with automobile safety requirements vehicle remains an ATV.
AG OPINION NO. 2013-070
Te AG determined that the law is clear that the quorum court acting under authority of A.C.A. 14-14-805 is vested with authority to adopt vacation and leave policies of a general nature. County library boards do not have authority to adopt vacation or leave policies in contradiction to the policies adopted by the quorum court. Library employees that are county employees are subject to the policies adopted by the quorum court and made applicable to all county employees (except elected officials).
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ATTORNEY GENERAL OPINIONS
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