Mr. Roger Brown P.O. Box 2075 North Little Rock, AR 72115
Dear Mr. Brown:
This is in response to your request, received by this office on August 4, 1993, for approval and certification of the following popular name and ballot title, pursuant to A.C.A. § 7-9-107 (Supp. 1991):
(Popular Name)
AN ACT TO ELIMINATE THE INFLUENCE OF CHILD ABUSE HYSTERIA AND REMEDY INADEQUACIES IN CURRENT CHILD ABUSE LAWS IT'S EXISTENCE HAS DEMONSTRATED
(Ballot Title)
PURPOSE OF THE ACT ESTABLISHED TO RESTORE REASON IN CLIMATE OF CHILD ABUSE HYSTERIA, RULE OF LAW WITH REGARD TO INDIVIDUAL RIGHTS, FULLY PROTECT CHILDREN FROM ABUSE, AND REMOVE SPECIAL PRIVILEGES GAINED BY INDIVIDUALS EXPLOITING CHILD ABUSE HYSTERIA FOR PERSONAL BENEFIT; CERTAIN TERMS USED IN THE ACT DEFINED; RIGHT OF FREEDOM OF THOUGHT RECOGNIZED AND ESTABLISHED AND USED TO IDENTIFY ACTS AND CIRCUMSTANCES WHICH CANNOT BE USED AS A BASIS FOR DIAGNOSING MENTAL ILLNESS, DIAGNOSIS OF MENTAL ILLNESS MUST BE BASED ON DIAGNOSIS OF SPECIFIC PHYSIOLOGICAL DISORDER; DENIAL OF GUILT AND EXERCISE OF OTHER LEGAL RIGHTS CANNOT BE USED AS A BASIS FOR DIAGNOSING MENTAL ILLNESS OR CITED AS PROOF OF CHILD ABUSE; ISSUANCE OF "FINDING" OR LISTING ON REGISTRY CAN ONLY OCCUR AFTER CONVICTION OF CHILD ABUSE; VIDEO TAPING OF ACCUSER, ALLEGED VICTIM AND ALLEGED PERPETRATOR REQUIRED FOR ALL INTERVIEWS FOR CHILD ABUSE INVESTIGATION, REQUIREMENT THAT ALL INVESTIGATIONS CONSIDER AND REPORT ON POSSIBILITY ACCUSER AND ALLEGED VICTIM MAY NOT BE TRUTHFUL; CONDITIONS TO QUALIFY AND LEGAL REMEDY ESTABLISHED FOR VICTIMS OF CHILD ABUSE HYSTERIA WHICH OCCURRED BEFORE ACT BECOMES LAW; MISLEADING PORTRAYAL OF PERSONS NOT CONVICTED OF CHILD ABUSE PROHIBITED; SUBVERTING OR DIVERTING STATE RESOURCES TO BENEFIT A CLIENT OR FOR REASONS OF PREJUDICE PROHIBITED AND REQUIREMENT TO REIMBURSE STATE FOR COST OF INVESTIGATION; WILLFUL FALSE, MISLEADING, OR BIASED STATEMENTS OR ACTIONS PROHIBITED AND FIRST STATEMENTS OF CHILD MADE DURING INVESTIGATION SHALL NOT BE IGNORED OR DISTORTED BY INVESTIGATORS; DEPARTMENT OF HUMAN SERVICES REQUIRED TO DISCOURAGE FALSE ALLEGATIONS, NOT USE FUNDS CONDITIONAL ON MANDATORY REPORTING OR NOT PROVIDING FOR CARE OF FALSELY ACCUSED ADULTS OR FALSELY INVOLVED CHILDREN, DEPARTMENT OF HUMAN SERVICES REQUIRED TO ESTABLISH PROGRAM FOR FALSELY ACCUSED AND FALSELY INVOLVED; LEGISLATURE PROHIBITED FROM BENEFITING INTERESTS INVOLVED IN INSTITUTIONAL OR INSTITUTIONALIZED CHILD ABUSE; PENALTIES ESTABLISHED FOR VIOLATING THE ACT; SPECIFIC INTENTIONS OF ACT STATED FOR PURPOSES OF CLARITY WITH REGARD TO LEGAL CHALLENGES OF THE ACT; CONDITIONS ESTABLISHED FOR AMENDING OR REPEALING ACT.
The Attorney General is required, pursuant to § 7-9-107, to approve and certify the popular name and ballot title of all proposed initiative and referendum acts or constitutional amendments before the petitions are circulated for signature. The law provides that the Attorney General may substitute and certify a more suitable and correct popular name and ballot title, or if the proposed popular name and ballot title are sufficiently misleading, the entire petition may be rejected.
Section 7-9-107 neither requires nor authorizes this office to make legal determinations concerning the constitutionality of the act or amendment. Likewise, I am neither required nor