Oscar Stilley, Att'y at Law Central Mall Plaza, Ste. 516 5111 Rogers Avenue Fort Smith, AR 72903-2041
Dear Mr. Stilley:
You have requested certification, pursuant to A.C.A. § 7-9-107, of the following popular name and ballot title for a proposed constitutional amendment:
(Popular Name) AN AMENDMENT TO PROVIDE FOR INSPECTIONS OF STRUCTURES BY ANY QUALIFIED PERSON, TO PROVIDE THAT LAND USE REGULATION BY LOCAL ENTITIES IN UNINCORPORATED AREAS MUST BE DONE BY PERSONS ELECTED BY THE VOTERS OF SAID UNINCORPORATED AREAS, TO PROVIDE THAT OWNERS OF LAND IN UNINCORPORATED AREAS MAY SELL PROPERTY AS A MATTER OF RIGHT BY GRANTING CERTAIN EASEMENTS AND ENFORCING CERTAIN SETBACK PROVISIONS, TO LIMIT STATE AND LOCAL REGULATION, AND FOR OTHER PURPOSES
(Ballot Title) AN AMENDMENT TO THE ARKANSAS CONSTITUTION PROVIDING THAT ALL INSPECTIONS OF STRUCTURES (DEFINED AS ANY BUILDING, ROAD, STREET, BRIDGE, DAM, PLANT, TOWER, EXCAVATION, OR SIMILAR MANMADE OBJECT, OR ANY COMPONENT PART THEREOF, OR ANY ELECTRICAL, MECHANICAL, OR HYDRAULIC SYSTEM, OR OTHER DEVICE, FOR USE IN OR FOR THE BENEFIT OF ANY SUCH BUILDING, ROAD, STREET, BRIDGE, DAM, PLANT, TOWER, EXCAVATION, OR SIMILAR MANMADE OBJECT) WHETHER FOR RESIDENTIAL, COMMERCIAL, OR OTHER PURPOSES, REQUIRED BY THE STATE OR ANY OF ITS SUBDIVISIONS, SHALL BE PERFORMED BY 1) LICENSED ARCHITECTS OR ENGINEERS, QUALIFIED FOR THE INSPECTION OF BUILDINGS, OR, 2) PERSONS WHO HAVE TAKEN AND PASSED A STANDARDIZED TEST DEMONSTRATING KNOWLEDGE OF THE SUBJECT MATTER OF THE INSPECTION TO BE PERFORMED, AND THUS LICENSED TO PERFORM SUCH INSPECTIONS; PROVIDING THAT THE GENERAL ASSEMBLY MAY BY GENERAL LAW PRESCRIBE EDUCATIONAL AND CHARACTER QUALIFICATIONS FOR PERSONS SEEKING SUCH LICENSES, BUT MAY NOT PRESCRIBE DIFFERENT OR MORE STRINGENT STANDARDS FOR PERSONS WHO ARE NOT EMPLOYED BY GOVERNMENTAL ENTITIES FOR THE INSPECTION OF STRUCTURES; PROVIDING THAT THE gENERAL aSSEMBLY MAY BY GENERAL LAW REQUIRE ALL SUCH PERSONS TO BE BONDED, PROVIDED THAT BONDING REQUIREMENTS SHALL BE EQUALLY APPLICABLE TO PERSONS EMPLOYED BY GOVERNMENTS OR THEIR AGENCIES, PROVIDING THAT THE WRITTEN REPORT OF ANY SUCH INSPECTION SHALL BE ACCEPTED BY ANY CITY, TOWN, OR OTHER GOVERNMENTAL AGENCY REQUIRING SUCH INSPECTIONS, AS PROOF THAT THE STRUCTURE MEETS THE REQUIREMENTS OF THE PERTINENT LAWS, ORDINANCES, OR CODES, AS SET FORTH AND ALLEGED IN THE REPORT; PROVIDING THAT NEITHER THE STATE OF ARKANSAS NOR ANY OF ITS SUBDIVISIONS SHALL REQUIRE OTHER OR FURTHER PROOF OF COMPLIANCE WITH PERTINENT LAWS, ORDINANCES, OR CODES; PROVIDING THAT WHERE ANY LICENSED INSPECTOR WILLFULLY AND FRAUDULENTLY CERTIFIES COMPLIANCE WITH PERTINENT LAWS, ORDINANCES, OR CODES, AND ANY PERSON IS INJURED IN HIS PERSON OR PROPERTY THEREBY, SUCH INSPECTOR SHALL BE LIABLE ON HIS BOND AND OUT OF HIS OWN ESTATE FOR THE DAMAGES PROXIMATELY CAUSED THEREBY; PROVIDING THAT UPON PROOF OF SUCH FACTS, THE INSPECTOR SHALL ALSO BE SUBJECT TO SUSPENSION OR REVOCATION OF HIS LICENSE, AS MAY BE APPROPRIATE; PROVIDING THAT ALL LOCAL GOVERNMENT REGULATION OF THE DEVELOPMENT OF UNINCORPORATED AREAS WITHIN THE COUNTIES OF THE STATE SHALL BE BY PERSONS ELECTED EXCLUSIVELY BY THE LEGAL ELECTORS RESIDING IN THE UNINCORPORATED AREAS OF THE COUNTY, VOTING AT