Stricken language would be deleted from and underlined language would be added to present law.
*JLL228* 03/01/2023 2:30:37 PM JLL228
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1528 3
4
By: Representative B. McKenzie 5
6
For An Act To Be Entitled 7
AN ACT TO AMEND THE LAW GOV ERNING FIRE PROTECTI ON 8
DISTRICTS OUTSIDE OF CITIES AND TOWNS; TO REQUIRE A 9
BALLOT MEASURE BEFOR E A FIRE PROTECTION DISTRICT CAN 10
BE CREATED; TO REQUI RE THAT THE VALUE OF REAL 11
PROPERTY IN THE FIRE PROTECTION DISTRICT MATCH THE 12
VALUE AS DETERMINED BY THE COU NTY ASSESSOR; AND FO R 13
OTHER PURPOSES. 14
15
16
Subtitle 17
TO REQUIRE A BALLOT MEASURE BEFORE A FIRE 18
PROTECTION DISTRICT CAN BE CREATED; AND 19
TO REQUIRE THAT THE VALUE OF REAL 20
PROPERTY IN THE FIRE PROTECTION DISTRICT 21
MATCH THE VALUE AS DETERMINE D BY THE 22
COUNTY ASSESSOR. 23
24
25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
27
SECTION 1. Arkansas Code § 14 -284-203 is amended to read as follows: 28
14-284-203. Methods of establishment. 29
Fire A fire protection districts district may be established to serve 30
all or any defined portion of any county in any one of the following ways: 31
(1) By ten percent (10%) of the qualified electors in the 32
proposed district's petitioning the quorum court to hold a public hearing and 33
to form a district, and by the quorum court's adopting an ordinance calling 34
for notice and a public hearing within the district; 35
(2) By the county court pursuant to an election of the qualified 36 HB1528
2 03/01/2023 2:30:37 PM JLL228
electors of the proposed district initiated, called, and conducted as 1
provided in this subchapter; or 2
(3)(2) By the county court pursuant to a resolution of a 3
suburban improvement district, approved by unanimous vote of its board of 4
commissioners, to convert to a fire protection district to be administered 5
under this subchapter. 6
7
SECTION 2. Arkansas Code § 14 -284-204 is repealed. 8
14-284-204. Establishment by petition and adoption of ordinance. 9
(a)(1)(A) If petitions containing a description of the territory for a 10
proposed fire protection district, along with an accurat e map of the proposed 11
fire protection district boundaries, and containing the signatures of ten 12
percent (10%) or more total of the qualified electors within the proposed 13
fire protection district are filed with the county clerk and quorum court of 14
a county in which the proposed fire protection district is to be located to 15
request a public hearing and the establishment of a fire protection district 16
in the county, then the: 17
(i) County clerk or clerks, if the proposed fire 18
protection district is located in more than one (1) county, shall determine 19
the sufficiency of and certify the signatures; and 20
(ii) Quorum court or quorum courts, if the proposed 21
fire protection district is located in more than one (1) county, shall 22
conduct a public hearing to determ ine the support for the proposed fire 23
protection district. 24
(B)(i) The signatures and sufficiency of the petition 25
shall be certified by the county clerk within sixty (60) days of receipt of 26
the petition under subdivision (a)(1)(A) of this section. 27
(ii) The quorum court shall respond in writing to 28
the petitioners within the sixty -day period under subdivision (a)(1)(B)(i) of 29
this section if there are issues or questions the quorum court would like 30
addressed in the petition, but in no event shall the q uorum court delay the 31
sixty-day period under subdivision (a)(1)(B)(i) of this section. 32
(2)(A) The quorum court shall set the time for the hearing to be 33
held not less than thirty (30) days nor more than sixty (60) days after the 34
petitions are certified a nd shall set the place for the hearing to be held by 35
the quorum court on the proposed fire protection district, but in no event 36 HB1528
3 03/01/2023 2:30:37 PM JLL228
shall the quorum court delay the time for the hearing beyond sixty (60) days. 1
(B) When a time and place for the hearing are set, the 2
quorum court shall publish notice of the hearing in a newspaper of general 3
circulation in the county. 4
(3)(A) Before setting the hearing on the adoption of an 5
ordinance to establish a fire protection district, petitions filed with the 6
quorum court shall be filed with the county clerk of the county where the 7
proposed fire protection district is to be located. 8
(B) It shall be the duty of the county clerk or clerks, as 9
the case may be, to determine the sufficiency of the signatures and to 10
certify the sufficiency in writing to the quorum court as provided under this 11
section. 12
(C) The petitions shall indicate the elector's name, 13
address, and signature and shall contain a verification of the signatures 14
pursuant to § 7-9-109. 15
(b)(1) After the pe titions are certified, the quorum court shall 16
conduct a public hearing and adopt an ordinance to establish the fire 17
protection district and to levy assessments on property or the landowners, or 18
both. 19
(2) The ordinance shall set the boundaries of the fir e 20
protection district. 21
(c)(1)(A) When an ordinance is adopted by the quorum court 22
establishing a fire protection district, the quorum court shall publish 23
notice of the adoption of the ordinance in a newspaper of general circulation 24
in the county. 25
(B) The notice shall include a copy of the ordinance and 26
shall prescribe a time and place within the proposed district for a public 27
hearing on the ordinance. 28
(2)(A) A public hearing shall be held at some large public 29
facility within the boundaries of the p roposed district at least sixty (60) 30
days and not more than ninety (90) days after the date of publication of the 31
notice. 32
(B) If at the hearing a majority of the qualified electors 33
in the proposed district appear in person to oppose the establishment o f the 34
district or if petitions opposing the establishment of the district and 35
containing the signatures of a majority of the qualified electors in the 36 HB1528
4 03/01/2023 2:30:37 PM JLL228
proposed district are filed at or before the public hearing, the ordinance 1
creating the district shall be void. 2
(C)(i) If a majority of the qualified electors of the 3
proposed district do not object to the establishment of the district in 4
person or by petition within the time prescribed in this subsection, the 5
ordinance shall be valid and the district shal l be established. 6
(ii) The board of commissioners for the district 7
shall be appointed and serve, and the levy of assessed benefits to support 8
the district may be made, in the same manner as is provided in this 9
subchapter for fire protection districts established pursuant to a vote of 10
the electors. 11
(d)(1) A fire protection district established by ordinance of the 12
quorum court without a vote of the electors of the district shall have no 13
authority to issue bonds and to pledge assessed benefits of the district to 14
secure bonds, unless the question of the issuance of bonds by the district is 15
first submitted to, and approved by, a majority of the qualified electors of 16
the district voting on the issue. 17
(2) The question of the issuance of bonds by a fire protection 18
district established by ordinance of the quorum court may be submitted to the 19
electors of the district at an election called by the county court either at 20
the request of the board of commissioners of the district or upon petition 21
signed by ten percent (10%) of the electors of the district as determined by 22
the number of votes cast by the electors of the district for all candidates 23
for Governor at the last preceding general election. 24
25
SECTION 3. Arkansas Code § 14 -284-212(b), concerning the asses sment of 26
the annual benefits accruing to the owners of real property inside a fire 27
protection district, is amended to read as follows: 28
(b)(1) They The board shall thereupon appoint three (3) assessors to 29
assess the annual benefits which that will accrue to the real property within 30
the district from the providing of fire protection services and shall fix 31
their the compensation of the assessors. 32
(2) The assessors shall take an oath that they will well and 33
truly assess all annual benefits that will accru e to the protected landowners 34
of the district by the providing of fire protection services. 35
(3) When conducting their assessment under this section, the 36 HB1528
5 03/01/2023 2:30:37 PM JLL228
assessors shall value the real property in an amount equal to the market 1
value set by the county ass essor at the most recent county assessment. 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36