Arkansas 2023 Regular Session

Arkansas House Bill HB1358 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 440 of the Regular Session
3	2		JLL093 02/03/2023 2:51:50 PM JLL093
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1358 3
8	7		4
9	8		By: Representative L. Johnson 5
10	9		By: Senator K. Hammer 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND THE LAW CONCERNING THE R ULES AND 9
14	13		REGULATIONS THAT MUS T BE ADOPTED FOR MUN ICIPAL FIRE 10
15	14		AND POLICE DEPARTMEN TS; TO AMEND THE MAX IMUM AGE 11
16	15		LIMIT FOR APPOINTMEN T TO A POSITION WITH A MUNICIPAL 12
17	16		FIRE DEPARTMENT; TO AMEND THE LAW CONCERNING THE 13
18	17		FILLING OF ENTRY-LEVEL POSITIONS FOR FIREFIGHTERS; TO 14
19	18		AMEND THE LAW CONCER NING THE PROBATION P ERIOD FOR 15
20	19		POTENTIAL MUNICIPAL FIRE DEPARTMENT APPO INTEES; TO 16
21	20		AMEND THE LAW CONCER NING APPOINTMENTS AN D PROMOTIONS 17
22	21		FOR MUNICIPAL FIRE A ND POLICE DEPARTMENTS; AND FOR 18
23	22		OTHER PURPOSES. 19
24	23		20
25	24		21
26	25		Subtitle 22
27	26		TO AMEND THE LAW CONCERNING THE RULES AND 23
28	27		REGULATIONS THAT MUST BE ADOPTED FOR 24
29	28		MUNICIPAL FIRE AND POLICE DEPARTMENTS. 25
30	29		26
31	30		27
32	31		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
33	32		29
34	33		SECTION 1. Arkansas Code § 14-51-301(b)(1)(C)(i), concerning 30
35	34		exceptions to the maximum age limit for appointment to a position with a 31
36	35		municipal fire department, is amended to read as follows: 32
37	36		(i) Any person who has at least two (2) years of 33
38	37		previous experience a s a paid firefighter with another fire department and 34
39	38		whose years of experience as a paid firefighter when subtracted from the 35
40	39		person's age leaves a remainder of not more than thirty-two (32) thirty-five 36 HB1358
41	40
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43	42
44	43
45	44		(35) years; 1
46	45		2
47	46		SECTION 2. Arkansas Code § 14 -51-301(b)(4)(A)(ii), concerning the 3
48	47		creation and maintenance of current eligibles lists for the ranks of 4
49	48		employment in municipal fire and police departments, is amended to add an 5
50	49		additional subdivision to read as follows: 6
51	50		(d) When there is a current eligibl es list for 7
52	51		entry-level firefighters, positions shall be filled within six (6) months of 8
53	52		a vacancy created by death, termination, resignation, demotion, retirement, 9
54	53		or promotion unless the position is determined to be eliminated or not funded 10
55	54		by the governing body of the city, except to the extent necessary to comply 11
56	55		with the Uniformed Services Employment and Reemployment Rights Act of 1994, 12
57	56		20 C.F.R. Part 1002, as it existed on January 1, 2015. 13
58	57		14
59	58		SECTION 3. Arkansas Code § 14 -51-301(b)(6), concerning the rules and 15
60	59		regulations that must be established for municipal fire and police 16
61	60		departments, is amended to read as follows: 17
62	61		(6) Certification to the department head of the three (3) 18
63	62		standing highest on the eligibility list for appointment for that rank of 19
64	63		service, and for the department head to select for appointment one (1) of the 20
65	64		five (5) standing highest certified to him or her or for promotion one (1) of 21
66	65		the three (3) standing highest certified to him or her and notify the 22
67	66		commission thereof; 23
68	67		24
69	68		SECTION 4. Arkansas Code § 14 -51-301(b)(7)(A), concerning the rules 25
70	69		and regulations that must be established for municipal fire and police 26
71	70		departments, is amended to read as follows: 27
72	71		(7)(A) A period of probation not to exceed twelve (12) eighteen 28
73	72		(18) months for potential fire department appointees and at least one (1) 29
74	73		year but no longer than two (2) years for potential law enforcement 30
75	74		appointees before any appointment is complete and six (6) months before any 31
76	75		promotion is complete. 32
77	76		33
78	77		SECTION 5. Arkansas Code § 14-51-301(b)(8)(B)(ii), concerning the 34
79	78		rules and regulations that must be established for municipal fire and police 35
80	79		departments regarding temporary promotions and appointments, is amended to 36 HB1358
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84	83
85	84		read as follows: 1
86	85		(ii) Except as provided in subdivision 2
87	86		(b)(8)(B)(iii) of this section, in the absence of a current eligibles list, a 3
88	87		temporary promotion or appointment may be allowed for a vacancy created by 4
89	88		death, termination, resignation, demotion, retirement, or promotion until an 5
90	89		eligibles list is certified unless the position is determined to be 6
91	90		eliminated or not funded by the governing body of the city. A temporary 7
92	91		promotion for a vacancy created by death, termination, resignation, demotion, 8
93	92		retirement, or promotion shall not last longer than sixty (60) day s, except 9
94	93		to the extent necessary to comply with the Uniformed Services Employment and 10
95	94		Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 11
96	95		1, 2015. 12
97	96		13
98	97		SECTION 6. Arkansas Code § 14 -51-301(b)(9)(A)(v)(b), concerning the 14
99	98		rules and regulations that must be established for municipal fire and police 15
100	99		departments concerning eligibility lists for promotion based on open 16
101	100		competitive examinations, is amended to read as follows: 17
102	101		(b) Promotions When there is a current 18
103	102		eligibles list, promotions shall be made within sixty (60) calendar days of a 19
104	103		vacancy created by death, termination, resignation, demotion, retirement, or 20
105	104		promotion unless the position is determined to be eliminated, except to the 21
106	105		extent necessary to comply with regulations under the Uniformed Services 22
107	106		Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in 23
108	107		effect on January 1, 2015. 24
109	108		25
110	109		26
111		-	~~APPROVED: 4/4/23~~ 27
	110	+	27
112	111		28
113	112		29
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