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