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2015 Op. Ark. Att'y Gen. 1 (2015)

handle is hein.sag/sagar0107 and id is 1 raw text is: 






                         STATE   OF  ARKANSAS
                         THE  ATTORNEY   GENERAL
                            DUSTIN  McDANIEL



Opinion No. 2014-130

January 5, 2015

The Honorable Warwick  Sabin
State Representative
Post Office Box 250508
Little Rock, Arkansas 72225-0508

Dear Representative Sabin:

You  have requested my opinion on the following questions concerning the Central
Arkansas Library System (CALS):

             1. Because CALS  was  created pursuant to Ark. Code
             Ann. § 25-20-201 et seq., as a public body corporate
             and politic, is it required to request appropriation of
             the Pulaski County  Quorum   Court  (and all other
             participating public agencies) in order to receive tax
             funds that were  levied by the  taxing agencies in
             support of CALS?

             2. If so, does the Agreement for Joint Cooperative
             Action between   the participating public agencies,
             which  dedicated the  library taxes levied by  the
             agencies to CALS, negate the requirement of a yearly
             appropriation such that these funds can be distributed
             directly to CALS by the Pulaski County Treasurer?

             3. If CALS  is required to request an appropriation
             from  the various agencies  who  are party  to the
             Agreement, would  this requirement run afoul of Ark.
             Code  Ann.  § 25-20-203(b), which  states that once
             created, CALS is not subject to any further supervision
             or regulation of the participating public agency, nor

             323 CENTER STREET * SUITE 1100 * LITTLE ROCK, ARKANSAS 72201
                        (501) 682-2007 * FAx (501) 682-8162
                    INTERNET WEBSITE * http://www.arkansasag.gov/

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