6 | 4 | | 95th General Assembly A Bill 2 |
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7 | 5 | | Regular Session, 2025 SENATE BILL 443 3 |
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8 | 6 | | 4 |
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9 | 7 | | By: Senator J. Bryant 5 |
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10 | 8 | | By: Representative Rose 6 |
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11 | 9 | | 7 |
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12 | 10 | | For An Act To Be Entitled 8 |
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13 | 11 | | AN ACT TO AMEND THE DUTIES OF THE STATE BOARD OF 9 |
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14 | 12 | | APPRAISERS, ABSTRACTERS, AND HOME INSPECTORS; TO 10 |
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15 | 13 | | AMEND THE LAW REGARDING LICENSURE OF ABSTRACTERS; TO 11 |
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16 | 14 | | AMEND THE LAW REGARDING LICENSURE OF HOME INSPECTORS; 12 |
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17 | 15 | | TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 13 |
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18 | 16 | | 14 |
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19 | 17 | | 15 |
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20 | 18 | | Subtitle 16 |
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21 | 19 | | TO AMEND THE DUTIES OF THE STATE BOARD 17 |
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22 | 20 | | OF APPRAISERS, ABSTRACTERS, AND HOME 18 |
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23 | 21 | | INSPECTORS; TO AMEND THE LAW REGARDING 19 |
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24 | 22 | | LICENSURE OF ABSTRACTERS; TO AMEND THE 20 |
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25 | 23 | | LAW REGARDING LICENSURE OF HOME 21 |
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26 | 24 | | INSPECTORS; AND TO DECLARE AN EMERGENCY. 22 |
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27 | 25 | | 23 |
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28 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 |
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29 | 27 | | 25 |
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30 | 28 | | SECTION 1. Arkansas Code § 17 -11-301 is amended to read as follows: 26 |
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31 | 29 | | 17-11-301. Certificate of registration required. 27 |
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32 | 30 | | (a)(1) Every person, firm, or private corporation engaged in the 28 |
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33 | 31 | | business of abstracting in one (1) county only, shall be or have in its 29 |
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34 | 32 | | employ a registered abstracter. 30 |
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35 | 33 | | (2) Every person, firm, or private corporation engaged in the 31 |
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36 | 34 | | business of abstracting in more than one (1) county in this state shall have 32 |
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37 | 35 | | at least one (1) registered abstracter for each county in which it maintains 33 |
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38 | 36 | | an abstract office. 34 |
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39 | 37 | | (b) No person shall execute an abstract certificate or otherwise 35 |
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45 | 41 | | abstracter as defined in this chapter. 1 |
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46 | 42 | | (c)(1) Each person engaged in the business of abstracting who is a 2 |
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47 | 43 | | registered abstracter may fulfill the requirements of subsection (a) of this 3 |
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48 | 44 | | section in one (1) county only. 4 |
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49 | 45 | | (2) No registered abstracter may fulfill the requirements of 5 |
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50 | 46 | | subsection (a) of this section for more than one (1) county or more than one 6 |
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51 | 47 | | (1) company at any one (1) time. 7 |
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52 | 48 | | 8 |
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53 | 49 | | SECTION 2. Arkansas Code § 17 -11-302(d), concerning an application for 9 |
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54 | 50 | | to become a registered abstracter, is amended to read as follows: 10 |
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55 | 51 | | (d) Thereupon the board shall notify the applicant of the time and 11 |
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56 | 52 | | place of the next scheduled examination, and notice of the examination shall 12 |
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57 | 53 | | be given to the applicant by mail or email. 13 |
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58 | 54 | | 14 |
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59 | 55 | | SECTION 3. Arkansas Code § 17 -11-305(d), concerning a temporary 15 |
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60 | 56 | | certificate of registration as an abstracter, is amended to read as follows: 16 |
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61 | 57 | | (d) The board shall notify the applicant by mail or email of the time 17 |
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62 | 58 | | and place of the examination. 18 |
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63 | 59 | | 19 |
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64 | 60 | | SECTION 4. Arkansas Code § 17 -11-322(c), concerning renewal notice for 20 |
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65 | 61 | | a certificate of registration as an abstracter, is amended to read as 21 |
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66 | 62 | | follows: 22 |
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67 | 63 | | (c)(1)(A) No more than sixty (60) days nor less than thirty (30) days 23 |
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68 | 64 | | before the expiration date of the certificate issued, the board shall cause a 24 |
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69 | 65 | | notice of expiration and application for renewal to be mailed or 25 |
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70 | 66 | | electronically mailed to each of the holders of the certificates. 26 |
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71 | 67 | | (B) The notice and application shall be in a form prepared 27 |
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72 | 68 | | by the board. 28 |
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73 | 69 | | (2) Upon determination by the board of the applicant's 29 |
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74 | 70 | | compliance with this chapter, a renewal certificate of authority shall be 30 |
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75 | 71 | | issued to the applicant. 31 |
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76 | 72 | | 32 |
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77 | 73 | | SECTION 5. Arkansas Code § 17 -11-322(d)(1), concerning failure to 33 |
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78 | 74 | | renew a certificate of registration as an abstracter, is amended to read as 34 |
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79 | 75 | | follows: 35 |
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85 | 79 | | renewal of his or her authority and to pay the fee provided therefor, the 1 |
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86 | 80 | | board shall cause to be mailed or emailed to the holder a notice that his or 2 |
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87 | 81 | | her certificate has expired and is no longer valid authority for the person 3 |
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88 | 82 | | to engage in the business of abstracting. 4 |
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89 | 83 | | (B) The notice shall be mailed or emailed not more than 5 |
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90 | 84 | | thirty (30) days following the certificate expiration date. 6 |
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91 | 85 | | (C) The holder shall be granted an additional period of 7 |
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92 | 86 | | sixty (60) days from the date of mailing the notice within which to file his 8 |
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93 | 87 | | or her application for renewal. 9 |
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94 | 88 | | 10 |
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95 | 89 | | SECTION 6. Arkansas Code § 17 -11-342 is repealed. 11 |
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96 | 90 | | 17-11-342. Seal. 12 |
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97 | 91 | | Any licensee under this chapter shall provide a seal, which shall have 13 |
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98 | 92 | | stamped on the license the name of the licensee, and shall deposit with the 14 |
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99 | 93 | | State Board of Appraisers, Abstracters, and Home Inspectors an impression of 15 |
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100 | 94 | | the seal and the names of all persons authorized to sign certificates to 16 |
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101 | 95 | | abstracts on behalf of the licensee. 17 |
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102 | 96 | | 18 |
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103 | 97 | | SECTION 7. Arkansas Code § 17 -11-343 is repealed. 19 |
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104 | 98 | | 17-11-343. Abstract as evidence. 20 |
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105 | 99 | | An abstract or photostat or verbatim copy of any public record, where 21 |
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106 | 100 | | certified by and impressed with the official seal of any licensed abstracter, 22 |
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107 | 101 | | shall be admissible in evidence, if otherwise admissible, on behalf of any 23 |
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108 | 102 | | party litigant in any court in the State of Arkansas and shall be prima facie 24 |
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109 | 103 | | evidence of the facts recited therein. 25 |
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110 | 104 | | 26 |
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111 | 105 | | SECTION 8. Arkansas Code § 17 -11-404 is repealed. 27 |
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112 | 106 | | 17-11-404. Investigations – Independent or private investigator. 28 |
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113 | 107 | | (a) A member of the State Board of Appraisers, Abstracters, and Home 29 |
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114 | 108 | | Inspectors shall not: 30 |
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115 | 109 | | (1) Act as an investigator on a matter before the board; or 31 |
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116 | 110 | | (2) Perform any investigative task or work required by the 32 |
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117 | 111 | | board. 33 |
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118 | 112 | | (b)(1)(A) The board shall contract an independent investigator or 34 |
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119 | 113 | | private investigator to perform any investigative task or work as needed or 35 |
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125 | 117 | | (B) An independent investigator or private investigator 1 |
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126 | 118 | | contracted under subdivision (b)(1)(A) of this section shall have expertise 2 |
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127 | 119 | | or background in the subject matter in which he or she is being contracted to 3 |
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128 | 120 | | investigate. 4 |
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129 | 121 | | (2) An appropriation made available for professional fees in the 5 |
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130 | 122 | | board's Operations appropriation act shall be made available to the board for 6 |
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131 | 123 | | the purpose of contracting under subdivision (b)(1) of this section. 7 |
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132 | 124 | | (c)(1) The board shall file a report annually on or before December 1 8 |
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133 | 125 | | with the Senate Committee on State Agencies and Governmental Affairs and the 9 |
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134 | 126 | | House Committee on State Agencies and Governmental Affairs for the Senate 10 |
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135 | 127 | | Committee on State Agencies and Governmental Affairs' and the House Committee 11 |
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136 | 128 | | on State Agencies and Governmental Affairs' review. 12 |
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137 | 129 | | (2) The report shall include: 13 |
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138 | 130 | | (A) The number of complaints that have been filed; 14 |
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139 | 131 | | (B) A list of who has been investigated and the purported 15 |
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140 | 132 | | violation; and 16 |
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141 | 133 | | (C) A summary of the findings of each investigation. 17 |
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142 | 134 | | 18 |
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143 | 135 | | SECTION 9. Arkansas Code § 17 -14-103(17), concerning definitions 19 |
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144 | 136 | | pertaining to appraisers, is amended to read as follows: 20 |
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145 | 137 | | (17)(A) “Real estate appraisal” means an unbiased estimate of 21 |
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146 | 138 | | the nature, quality, value, or utility of an interest in, or aspect of, 22 |
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147 | 139 | | identified real estate and related personalty .; 23 |
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148 | 140 | | (B)(i) A real estate appraisal may be classified by 24 |
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149 | 141 | | subject matter into either a valuation or an evaluation. 25 |
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150 | 142 | | (ii) Valuation is the process of estimating the 26 |
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151 | 143 | | market value, investment value, insurable value, or other properly defined 27 |
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152 | 144 | | value of an identified interest or interests in a specific parcel or parcels 28 |
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153 | 145 | | of real estate as of a given date. 29 |
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154 | 146 | | (iii) Evaluation or analysis is the study of the 30 |
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155 | 147 | | nature, quality, or utility of a parcel of real estate, or interests in or 31 |
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156 | 148 | | aspects of real property, in which a value estimate is not necessarily 32 |
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157 | 149 | | required, i.e., a study of real estate or real property other than estimating 33 |
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158 | 150 | | value; 34 |
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159 | 151 | | 35 |
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165 | 155 | | composition of the State Board of Appraisers, Abstracters, and Home 1 |
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166 | 156 | | Inspectors, is amended to read as follows; 2 |
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167 | 157 | | (3) One (1) senior and consumer representative; 3 |
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168 | 158 | | 4 |
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169 | 159 | | SECTION 11. Arkansas Code § 17 -14-201(b)(2), concerning the composition 5 |
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170 | 160 | | of the State Board of Appraisers, Abstracters, and Home Inspectors, is 6 |
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171 | 161 | | repealed. 7 |
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172 | 162 | | (2) At least four (4) real estate appraiser members appointed to 8 |
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173 | 163 | | the board shall be members in good standing of: 9 |
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174 | 164 | | (A) A state or regional chapter of a nationally recognized 10 |
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175 | 165 | | real estate appraisal organization that requires an individual to have 11 |
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176 | 166 | | qualified appraisal experience, education, and testing in order to become a 12 |
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177 | 167 | | designated member and to adhere to standards of professional practice in 13 |
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178 | 168 | | order to retain such a designation; or 14 |
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179 | 169 | | (B) The Association of Consulting Foresters of America, 15 |
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180 | 170 | | Inc., Arkansas Chapter. 16 |
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181 | 171 | | 17 |
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182 | 172 | | SECTION 12. Arkansas Code § 17 -14-203(6)(E)(i), the powers and duties 18 |
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183 | 173 | | of the State Board of Appraisers, Abstracters, and Home Inspectors, is 19 |
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184 | 174 | | amended to read as follows: 20 |
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185 | 175 | | (E)(i) Every applicant for registering, licensing, and 21 |
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186 | 176 | | certifying shall be accompanied by an application fee and a criminal 22 |
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187 | 177 | | background check fee that the State Board of Appraisers, Abstracters, and 23 |
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188 | 178 | | Home Inspectors may establish by rule. 24 |
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189 | 179 | | 25 |
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190 | 180 | | SECTION 13. Arkansas Code § 17 -14-205(b), concerning disciplinary 26 |
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191 | 181 | | hearings conducted by the State Board of Appraisers, Abstracters, and Home 27 |
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192 | 182 | | Inspectors, is repealed. 28 |
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193 | 183 | | (b) Disciplinary hearings conducted by the board for the purpose of 29 |
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194 | 184 | | determining whether to levy civil penalties under the Arkansas Appraiser 30 |
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195 | 185 | | Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., 31 |
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196 | 186 | | and § 17-14-301 et seq., and for the purpose of determining whether to revoke 32 |
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197 | 187 | | or suspend any registration, license, or certificate issued under the 33 |
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198 | 188 | | Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 34 |
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199 | 189 | | 17-14-201 et seq., and § 17-14-301 et seq., shall not be deemed open public 35 |
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205 | 193 | | Freedom of Information Act of 1967, § 25-19-101 et seq. 1 |
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206 | 194 | | 2 |
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207 | 195 | | SECTION 14. Arkansas Code § 17 -14-206(a)(3), concerning disciplinary 3 |
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208 | 196 | | action of the State Board of Appraisers, Abstracters, and Home Inspectors, is 4 |
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209 | 197 | | amended to add an additional subdivision to read as follows: 5 |
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210 | 198 | | (3) Conviction of or pleading guilty or nolo contendere to any 6 |
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211 | 199 | | offense listed under § 17 -3-102 or § 17-14-203(12)(C) unless the person 7 |
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212 | 200 | | requests and the board approves a waiver under § 17 -3-102(b). 8 |
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213 | 201 | | 9 |
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214 | 202 | | SECTION 15. Arkansas Code § 17 -14-305 is amended to read as follows: 10 |
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215 | 203 | | 17-14-305. Compliance with uniform standards and code of ethics – 11 |
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216 | 204 | | Seals – Licensing and certification documents. 12 |
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217 | 205 | | (a)(1) Each state-registered appraiser, each state -licensed appraiser, 13 |
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218 | 206 | | each registered apprentice appraiser, and each state -certified appraiser 14 |
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219 | 207 | | shall comply with the Uniform Standards of Professional Appraisal Practice 15 |
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220 | 208 | | and code of ethics adopted by the State Board of Appraisers, Abstracters, and 16 |
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221 | 209 | | Home Inspectors and shall authenticate all written appraisal reports with a 17 |
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222 | 210 | | seal that shall indicate the registration, license, or certification number 18 |
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223 | 211 | | of the appraiser. 19 |
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224 | 212 | | (2)(b) The seal and number shall also be used in all statements 20 |
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225 | 213 | | of qualifications, contracts, or other instruments used by the registration, 21 |
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226 | 214 | | license, or certificate holder when reference is made to his or her status as 22 |
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227 | 215 | | a state-registered appraiser, state -licensed appraiser, registered apprentice 23 |
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228 | 216 | | appraiser, or state-certified appraiser. 24 |
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229 | 217 | | (b) Registration, license, and certificate documents, licenses, 25 |
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230 | 218 | | certificates, seals, and pocket cards shall remain the property of the state, 26 |
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231 | 219 | | and, upon any suspension, revocation, or other termination of a registration, 27 |
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232 | 220 | | license, or certification under the Arkansas Appraiser Licensing and 28 |
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233 | 221 | | Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-29 |
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234 | 222 | | 301 et seq., the individual holding the related documents shall immediately 30 |
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235 | 223 | | return the documents to the board. 31 |
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236 | 224 | | 32 |
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237 | 225 | | SECTION 16. Arkansas Code § 17 -14-409(a)(1), concerning the registry 33 |
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238 | 226 | | of applicants for appraisers, is amended to read as follows: 34 |
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239 | 227 | | (a)(1) The Executive Director of the State Board of Appraisers, 35 |
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245 | 231 | | registration. 1 |
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246 | 232 | | 2 |
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247 | 233 | | SECTION 17. Arkansas Code § 17 -52-303(8), concerning definitions 3 |
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248 | 234 | | pertaining to home inspectors, is amended to read as follows: 4 |
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249 | 235 | | (8) “Residential unit” means any dwelling from one (1) to four (4) 5 |
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250 | 236 | | units in design intended principally for residential purposes by one (1) or 6 |
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251 | 237 | | more persons a structure consisting of at least one (1) but no more than four 7 |
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252 | 238 | | (4) units designed for occupancy by a single family that is occupied or 8 |
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253 | 239 | | unoccupied. 9 |
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254 | 240 | | 10 |
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255 | 241 | | SECTION 18. Arkansas Code § 17 -52-306 is amended to read as follows: 11 |
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256 | 242 | | 17-52-306. Powers and duties of board. 12 |
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257 | 243 | | The State Board of Appraisers, Abstracters, and Home Inspectors may: 13 |
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258 | 244 | | (1) Perform the duties and functions appropriate and necessary to 14 |
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259 | 245 | | carry out the provisions of this subchapter; 15 |
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260 | 246 | | (2) Review, approve, or reject registration applications and issue 16 |
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261 | 247 | | registration certificates to applicants; 17 |
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262 | 248 | | (3) Establish a mandatory continuing education program designed to 18 |
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263 | 249 | | upgrade the professional skills and knowledge of home inspectors practicing 19 |
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264 | 250 | | in Arkansas; 20 |
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265 | 251 | | (4)(A) Establish administrative procedures for disciplinary 21 |
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266 | 252 | | proceedings conducted according to the provisions for this subchapter. 22 |
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267 | 253 | | (B) The procedures shall include provisions for the suspension 23 |
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268 | 254 | | and revocation of registration and enforcement of civil penalties; 24 |
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269 | 255 | | (5) Establish procedures for processing and resolving complaints 25 |
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270 | 256 | | against home inspectors conducting home inspections in Arkansas; 26 |
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271 | 257 | | (6) Authorize disbursement of the funds collected into the Arkansas 27 |
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272 | 258 | | Home Inspectors Registration Fund; 28 |
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273 | 259 | | (7) Employ legal counsel to represent it in any proceedings when legal 29 |
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274 | 260 | | counsel is required; 30 |
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275 | 261 | | (8) Develop competency exams for home inspectors; 31 |
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276 | 262 | | (9)(7) Establish a standard of practice and code of ethics for home 32 |
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277 | 263 | | inspectors; 33 |
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278 | 264 | | (10)(8) Enter into agreements with other states, territories, 34 |
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279 | 265 | | districts, or possessions of the United States concerning registration or 35 |
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285 | 269 | | (11)(9) Maintain working files as it deems necessary; 1 |
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286 | 270 | | (12) Contract for administrative support services and meet financial 2 |
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287 | 271 | | obligations of those contracts using moneys from the fund; 3 |
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288 | 272 | | (13)(A)(10)(A) Develop and implement a means for conducting internet 4 |
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289 | 273 | | board meetings, which may be observed by the public in real time. 5 |
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290 | 274 | | (B) Public participation in the meetings may be permitted in 6 |
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291 | 275 | | accordance with rules developed by the board; 7 |
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292 | 276 | | (14)(11) Establish and maintain a website devoted to home inspection 8 |
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293 | 277 | | registration and related subjects; and 9 |
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294 | 278 | | (15) [Repealed.] 10 |
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295 | 279 | | (16)(12) Establish educational requirements for registration to begin 11 |
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296 | 280 | | after July 1, 2004, including the standards and procedures for approval of 12 |
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297 | 281 | | educational programs if the maximum number of hours required shall not exceed 13 |
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298 | 282 | | ninety (90) classroom hours. 14 |
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299 | 283 | | 15 |
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300 | 284 | | SECTION 19. Arkansas Code § 17 -52-307 is amended to read as follows: 16 |
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301 | 285 | | 17-52-307. Hearings – Review – Access to records. 17 |
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302 | 286 | | (a) As part of an investigation or as a condition of renewal, the 18 |
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303 | 287 | | State Board of Appraisers, Abstracters, and Home Inspectors may require a 19 |
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304 | 288 | | home inspector to submit in writing home inspection reports and other 20 |
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305 | 289 | | documents to be reviewed by the board. 21 |
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306 | 290 | | (b) Requests by the board for copies of home inspection reports shall 22 |
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307 | 291 | | supersede any contract of client privacy or confidentiality whether written 23 |
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308 | 292 | | or oral. 24 |
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309 | 293 | | (c) Any documents submitted to the board as part of an investigation 25 |
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310 | 294 | | shall: 26 |
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311 | 295 | | (1) Be considered as confidential documents; 27 |
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312 | 296 | | (2) Be used only for the purpose for which they are requested; 28 |
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313 | 297 | | (3) Not be available for public viewing; 29 |
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314 | 298 | | (4) Not become part of any official file; and 30 |
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315 | 299 | | (5) Not be revealed to any nonboard members. 31 |
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316 | 300 | | (d) When the action for which they were requested is completed by the 32 |
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317 | 301 | | board, the documents shall be returned to the home inspector at his or her 33 |
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318 | 302 | | own expense or destroyed if the home inspector requests that the documents be 34 |
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319 | 303 | | destroyed. 35 |
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325 | 307 | | comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., 1 |
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326 | 308 | | and any person aggrieved by any rule or other actions of the board for which 2 |
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327 | 309 | | an appeal is not provided for in the Arkansas Administrative Procedure Act, § 3 |
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328 | 310 | | 25-15-201 et seq., may appeal to the Pulaski County Circuit Court. 4 |
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329 | 311 | | (f) All work papers submitted to the board for action on complaints 5 |
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330 | 312 | | and disciplinary procedures under this subchapter shall not be deemed public 6 |
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331 | 313 | | records under the Freedom of Information Act of 1967, § 25-19-101 et seq. 7 |
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332 | 314 | | 8 |
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333 | 315 | | SECTION 20. Arkansas Code § 17 -52-310(e)(1), concerning continuing 9 |
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334 | 316 | | education for home inspectors, is amended to read as follows: 10 |
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335 | 317 | | (e)(1) Failure to complete continuing education requirements shall may 11 |
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336 | 318 | | result in suspension of the home inspector’s registration. 12 |
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337 | 319 | | 13 |
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338 | 320 | | SECTION 21. Arkansas Code § 17 -52-311 is amended to read as follows: 14 |
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339 | 321 | | 17-52-311. Custodian of records. 15 |
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340 | 322 | | (a)(1) The Executive Director of the State Board of Appraisers, 16 |
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341 | 323 | | Abstracters, and Home Inspectors shall be the custodian of permanent, 17 |
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342 | 324 | | official, home inspector registration files and shall maintain permanent 18 |
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343 | 325 | | records of all home inspector registration applications received since the 19 |
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344 | 326 | | enactment of this subchapter . 20 |
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345 | 327 | | (2) The executive director shall maintain the permanent records 21 |
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346 | 328 | | of the State Board of Appraisers, Abstracters, and Home Inspectors. 22 |
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347 | 329 | | (b) The executive director shall receive and process applications for 23 |
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348 | 330 | | initial registration and renewal of registration. 24 |
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349 | 331 | | 25 |
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350 | 332 | | SECTION 22. Arkansas Code § 17 -52-312 is amended to read as follows: 26 |
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351 | 333 | | 17-52-312. Fund. 27 |
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352 | 334 | | (a) There is created in the State Treasury a fund to be known as the 28 |
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353 | 335 | | “Arkansas Home Inspectors Registration Fund” “State Board of Appraisers, 29 |
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354 | 336 | | Abstracters, and Home Inspectors Fund” . 30 |
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355 | 337 | | (b) All funds, fees, charges, costs, and collections accruing to or 31 |
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356 | 338 | | collected under the provisions of this subchapter shall be deposited into the 32 |
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357 | 339 | | State Treasury to the credit of this fund. 33 |
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358 | 340 | | (c) The funds shall be used for the purposes as specified in this 34 |
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359 | 341 | | subchapter. 35 |
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365 | 345 | | effective with the 2003 registration and under the provisions of this 1 |
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366 | 346 | | subchapter, all funds, fees, charges, costs, and collections accruing to or 2 |
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367 | 347 | | collected by the Secretary of the Department of Labor and Licensing shall be 3 |
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368 | 348 | | deposited quarterly into the fund. 4 |
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369 | 349 | | (2) [Repealed.] 5 |
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370 | 350 | | (e) The State Board of Appraisers, Abstracters, and Home Inspectors 6 |
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371 | 351 | | will process disbursements of those funds as necessary in the administration 7 |
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372 | 352 | | of this subchapter. 8 |
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373 | 353 | | 9 |
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374 | 354 | | SECTION 23. Arkansas Code § 17 -52-313 is amended to read as follows: 10 |
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375 | 355 | | 17-52-313. Disposition of funds. 11 |
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376 | 356 | | (a)(1) The Executive Director of the State Board of Appraisers, 12 |
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377 | 357 | | Abstracters, and Home Inspectors shall receive, disburse, and account for all 13 |
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378 | 358 | | income paid to or received by the State Board of Appraisers, Abstracters, and 14 |
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379 | 359 | | Home Inspectors. 15 |
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380 | 360 | | (2) The executive director shall institute a system of books and 16 |
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381 | 361 | | financial records satisfactory to the Secretary of the Department of Finance 17 |
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382 | 362 | | and Administration. 18 |
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383 | 363 | | (3)(A) All fees collected on behalf of the board and all 19 |
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384 | 364 | | receipts of every kind and nature shall be paid into the State Treasury and 20 |
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385 | 365 | | shall be credited to the Arkansas Home Inspectors Registration Fund State 21 |
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386 | 366 | | Board of Appraisers, Abstracters, and Home Inspectors Fund . 22 |
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387 | 367 | | (B) The Arkansas Home Inspectors Registration Fund State 23 |
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388 | 368 | | Board of Appraisers, Abstracters, and Home Inspectors Fund shall be for the 24 |
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389 | 369 | | general uses of the board, and out of it shall be paid all salaries and all 25 |
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390 | 370 | | other expenses necessarily incurred in carrying into effect the provisions of 26 |
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391 | 371 | | this subchapter. 27 |
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392 | 372 | | (C) Expenditures from the Arkansas Home Inspectors 28 |
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393 | 373 | | Registration Fund State Board of Appraisers, Abstracters, and Home Inspectors 29 |
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394 | 374 | | Fund shall be substantiated by vouchers and itemized statements at the end of 30 |
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395 | 375 | | each fiscal year or at any other time when demand is made by the Department 31 |
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396 | 376 | | of Finance and Administration. 32 |
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397 | 377 | | (4) The executive director shall deposit all funds of the board 33 |
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398 | 378 | | that he or she receives with the State Treasury within forty -eight (48) 34 |
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399 | 379 | | hours, excluding holidays and Sundays, after he or she receives the funds. 35 |
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405 | 383 | | subchapter shall be paid over to the board to be used by it in the same 1 |
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406 | 384 | | manner as funds received for the issuance of registration. 2 |
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407 | 385 | | (c) The total amount of warrants issued by the board or Auditor of 3 |
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408 | 386 | | State in payment of the expenses and compensation provided in this subchapter 4 |
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409 | 387 | | shall not exceed the amount of the application, registration, and other fees 5 |
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410 | 388 | | collected. 6 |
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411 | 389 | | (d)(1) Any surplus funds at the end of the fiscal year may be retained 7 |
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412 | 390 | | by the board for future expenditures. 8 |
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413 | 391 | | (2) The board shall not be required to pay any surplus into the 9 |
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414 | 392 | | General Revenue Fund Account of the State Apportionment Fund. 10 |
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415 | 393 | | 11 |
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416 | 394 | | SECTION 24. Arkansas Code § 17 -52-315(a)(1), concerning an application 12 |
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417 | 395 | | for registration as a home inspector, is amended to read as follows: 13 |
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418 | 396 | | (1) An application under oath upon a form to be prescribed by 14 |
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419 | 397 | | the board; 15 |
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420 | 398 | | 16 |
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421 | 399 | | SECTION 25. Arkansas Code § 17 -52-316(d), concerning registration and 17 |
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422 | 400 | | renewal fees set by the State Board of Appraisers, Abstracters, and Home 18 |
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423 | 401 | | Inspectors concerning home inspectors, is amended to read as follows: 19 |
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424 | 402 | | (d) Other fees authorized to be assessed by the board are: 20 |
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425 | 403 | | (1) Delinquent renewal Late fees not to exceed the amount of the 21 |
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426 | 404 | | renewal fee for one year; and 22 |
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427 | 405 | | (2) Home inspector training or continuing education provider 23 |
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428 | 406 | | fees as follows: 24 |
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429 | 407 | | (A) Initial qualifying fees not to exceed two hundred 25 |
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430 | 408 | | dollars ($200); 26 |
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431 | 409 | | (B) Annual renewal fees not to exceed two hundred dollars 27 |
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432 | 410 | | ($200); and 28 |
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433 | 411 | | (C) Additional course filing fees not to exceed twenty -29 |
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434 | 412 | | five dollars ($25.00) ; 30 |
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435 | 413 | | (3) Duplicate registration fees not to exceed twenty -five 31 |
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436 | 414 | | dollars ($25.00); 32 |
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437 | 415 | | (4) Returned check fees not to exceed twenty -five dollars 33 |
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438 | 416 | | ($25.00); and 34 |
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439 | 417 | | (5) Change-of-address fees not to exceed twenty -five dollars 35 |
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445 | 421 | | 1 |
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446 | 422 | | SECTION 26. Arkansas Code § 17-52-317 is amended to read as follows: 2 |
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447 | 423 | | 17-52-317. Certificates of registration. 3 |
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448 | 424 | | (a)(1) Certificates of registration shall be issued by the State Board 4 |
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449 | 425 | | of Appraisers, Abstracters, and Home Inspectors to an applicant after 5 |
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450 | 426 | | compliance with the registration or renewal requirements of this subchapter. 6 |
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451 | 427 | | (2) Certificates shall be consecutively numbered. 7 |
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452 | 428 | | (b) When registration is renewed, that person's registration number 8 |
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453 | 429 | | shall be perpetuated. 9 |
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454 | 430 | | (c) Certificates of registration of a home inspector shall be issued 10 |
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455 | 431 | | for a period of at least one (1) year and shall expire at the end of a period 11 |
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456 | 432 | | of up to three (3) years, as may be set by the board expire annually on 12 |
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457 | 433 | | December 31. 13 |
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458 | 434 | | (d) Notices of upcoming registration expiration and a reminder to 14 |
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459 | 435 | | renew shall be mailed or emailed to registered home inspectors no more than 15 |
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460 | 436 | | sixty (60) days and no less than forty -five (45) days before the expiration 16 |
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461 | 437 | | date of the applicant's registration. 17 |
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462 | 438 | | 18 |
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463 | 439 | | SECTION 27. Arkansas Code § 17 -52-320 is amended to read as follows: 19 |
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464 | 440 | | 17-52-320. Limitations. 20 |
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465 | 441 | | (a) Any cause of action to recover damages suffered by a consumer as a 21 |
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466 | 442 | | result of any act or omission of a home inspector relating to a home 22 |
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469 | 445 | | (b) Disciplinary action taken against a home inspector by the State 25 |
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470 | 446 | | Board of Appraisers, Abstracters, and Home Inspectors shall not in and of 26 |
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471 | 447 | | itself be the basis for civil or criminal action. 27 |
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472 | 448 | | 28 |
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473 | 449 | | SECTION 28. Arkansas Code § 19 -6-301(93), concerning the abstracter’s 29 |
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474 | 450 | | examining licenses and fees, is repealed. 30 |
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475 | 451 | | (93) Abstracter's examining licenses and fees, as enacted by 31 |
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476 | 452 | | Acts 1969, No. 109, as amended, known as the “Abstracters' Licensing Law of 32 |
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477 | 453 | | 1969”, § 17-11-101 et seq.; 33 |
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478 | 454 | | 34 |
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479 | 455 | | SECTION 29. Arkansas Code § 19 -6-415 is repealed. 35 |
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485 | 459 | | The Arkansas Abstracters' Board Fund shall consist of those special 1 |
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486 | 460 | | revenues as specified in § 19-6-301(93), there to be used for the 2 |
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487 | 461 | | maintenance, operation, and improvement of the State Board of Appraisers, 3 |
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488 | 462 | | Abstracters, and Home Inspectors. 4 |
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489 | 463 | | 5 |
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490 | 464 | | SECTION 30. DO NOT CODIFY. Abolition of the Arkansas Abstracters’ 6 |
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491 | 465 | | Board Fund. 7 |
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492 | 466 | | The Arkansas Abstracters’ Board Fund is abolished, and all funds are 8 |
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493 | 467 | | transferred to the State Board of Appraisers, Abstracters, and Home 9 |
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494 | 468 | | Inspectors Fund. 10 |
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495 | 469 | | 11 |
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496 | 470 | | SECTION 31. DO NOT CODIFY. Abolition of the Arkansas Home Inspectors 12 |
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497 | 471 | | Registration Fund. 13 |
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498 | 472 | | The Arkansas Home Inspectors Registration Fund is abolished, and all 14 |
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499 | 473 | | funds are transferred to the State Board of Appraisers, Abstracters, and Home 15 |
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500 | 474 | | Inspectors Fund. 16 |
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501 | 475 | | 17 |
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502 | 476 | | SECTION 7. EMERGENCY CLAUSE. It is found and determined by the 18 |
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503 | 477 | | General Assembly of the State of Arkansas that the State Board of Appraisers, 19 |
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504 | 478 | | Abstracters, and Home Inspectors preserves the public peace, health, and 20 |
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505 | 479 | | safety by providing needed funds and services for Arkansas; that this act 21 |
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506 | 480 | | provides for the abolition and transfer of the Arkansas Abstracters' Board 22 |
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507 | 481 | | Fund and the Arkansas Home Inspectors Registration Fund to the State Board of 23 |
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508 | 482 | | Appraisers, Abstracters, and Home Inspectors Fund; and that this act should 24 |
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509 | 483 | | become effective on July 1, 2025, to coincide with the appropriation bill of 25 |
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510 | 484 | | the State Board of Appraisers, Abstracters, and Home Inspectors and ensure 26 |
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511 | 485 | | that the State Board of Appraisers, Abstracters, and Home Inspectors 27 |
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512 | 486 | | continues to provide its vital services as the transfer is implemented and 28 |
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513 | 487 | | does not experience any issues with funding under the transfer. Therefore, an 29 |
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514 | 488 | | emergency is declared to exist, and this act being necessary for the 30 |
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515 | 489 | | preservation of the public peace, health, and safety shall become effective 31 |
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516 | 490 | | on July 1, 2025. 32 |
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517 | 491 | | 33 |
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