Arkansas 2023 Regular Session

Arkansas House Bill HB1528 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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4	4	State of Arkansas 1
5	5	94th General Assembly A Bill 2
6	6	Regular Session, 2023 HOUSE BILL 1528 3
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8	8	By: Representative B. McKenzie 5
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10	10	For An Act To Be Entitled 7
11	11	AN ACT TO AMEND THE LAW GOV ERNING FIRE PROTECTI ON 8
12	12	DISTRICTS OUTSIDE OF CITIES AND TOWNS; TO REQUIRE A 9
13	13	BALLOT MEASURE BEFOR E A FIRE PROTECTION DISTRICT CAN 10
14	14	BE CREATED; TO REQUI RE THAT THE VALUE OF REAL 11
15	15	PROPERTY IN THE FIRE PROTECTION DISTRICT MATCH THE 12
16	16	VALUE AS DETERMINED BY THE COU NTY ASSESSOR; AND FO R 13
17	17	OTHER PURPOSES. 14
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20	20	Subtitle 17
21	21	TO REQUIRE A BALLOT MEASURE BEFORE A FIRE 18
22	22	PROTECTION DISTRICT CAN BE CREATED; AND 19
23	23	TO REQUIRE THAT THE VALUE OF REAL 20
24	24	PROPERTY IN THE FIRE PROTECTION DISTRICT 21
25	25	MATCH THE VALUE AS DETERMINE D BY THE 22
26	26	COUNTY ASSESSOR. 23
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29	29	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
30	30	27
31	31	SECTION 1. Arkansas Code § 14 -284-203 is amended to read as follows: 28
32	32	14-284-203. Methods of establishment. 29
33	33	Fire A fire protection districts district may be established to serve 30
34	34	all or any defined portion of any county in any one of the following ways: 31
35	35	(1) By ten percent (10%) of the qualified electors in the 32
36	36	proposed district's petitioning the quorum court to hold a public hearing and 33
37	37	to form a district, and by the quorum court's adopting an ordinance calling 34
38	38	for notice and a public hearing within the district; 35
39	39	(2) By the county court pursuant to an election of the qualified 36 HB1528
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44	44	electors of the proposed district initiated, called, and conducted as 1
45	45	provided in this subchapter; or 2
46	46	(3)(2) By the county court pursuant to a resolution of a 3
47	47	suburban improvement district, approved by unanimous vote of its board of 4
48	48	commissioners, to convert to a fire protection district to be administered 5
49	49	under this subchapter. 6
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51	51	SECTION 2. Arkansas Code § 14 -284-204 is repealed. 8
52	52	14-284-204. Establishment by petition and adoption of ordinance. 9
53	53	(a)(1)(A) If petitions containing a description of the territory for a 10
54	54	proposed fire protection district, along with an accurat e map of the proposed 11
55	55	fire protection district boundaries, and containing the signatures of ten 12
56	56	percent (10%) or more total of the qualified electors within the proposed 13
57	57	fire protection district are filed with the county clerk and quorum court of 14
58	58	a county in which the proposed fire protection district is to be located to 15
59	59	request a public hearing and the establishment of a fire protection district 16
60	60	in the county, then the: 17
61	61	(i) County clerk or clerks, if the proposed fire 18
62	62	protection district is located in more than one (1) county, shall determine 19
63	63	the sufficiency of and certify the signatures; and 20
64	64	(ii) Quorum court or quorum courts, if the proposed 21
65	65	fire protection district is located in more than one (1) county, shall 22
66	66	conduct a public hearing to determ ine the support for the proposed fire 23
67	67	protection district. 24
68	68	(B)(i) The signatures and sufficiency of the petition 25
69	69	shall be certified by the county clerk within sixty (60) days of receipt of 26
70	70	the petition under subdivision (a)(1)(A) of this section. 27
71	71	(ii) The quorum court shall respond in writing to 28
72	72	the petitioners within the sixty -day period under subdivision (a)(1)(B)(i) of 29
73	73	this section if there are issues or questions the quorum court would like 30
74	74	addressed in the petition, but in no event shall the q uorum court delay the 31
75	75	sixty-day period under subdivision (a)(1)(B)(i) of this section. 32
76	76	(2)(A) The quorum court shall set the time for the hearing to be 33
77	77	held not less than thirty (30) days nor more than sixty (60) days after the 34
78	78	petitions are certified a nd shall set the place for the hearing to be held by 35
79	79	the quorum court on the proposed fire protection district, but in no event 36 HB1528
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84	84	shall the quorum court delay the time for the hearing beyond sixty (60) days. 1
85	85	(B) When a time and place for the hearing are set, the 2
86	86	quorum court shall publish notice of the hearing in a newspaper of general 3
87	87	circulation in the county. 4
88	88	(3)(A) Before setting the hearing on the adoption of an 5
89	89	ordinance to establish a fire protection district, petitions filed with the 6
90	90	quorum court shall be filed with the county clerk of the county where the 7
91	91	proposed fire protection district is to be located. 8
92	92	(B) It shall be the duty of the county clerk or clerks, as 9
93	93	the case may be, to determine the sufficiency of the signatures and to 10
94	94	certify the sufficiency in writing to the quorum court as provided under this 11
95	95	section. 12
96	96	(C) The petitions shall indicate the elector's name, 13
97	97	address, and signature and shall contain a verification of the signatures 14
98	98	pursuant to § 7-9-109. 15
99	99	(b)(1) After the pe titions are certified, the quorum court shall 16
100	100	conduct a public hearing and adopt an ordinance to establish the fire 17
101	101	protection district and to levy assessments on property or the landowners, or 18
102	102	both. 19
103	103	(2) The ordinance shall set the boundaries of the fir e 20
104	104	protection district. 21
105	105	(c)(1)(A) When an ordinance is adopted by the quorum court 22
106	106	establishing a fire protection district, the quorum court shall publish 23
107	107	notice of the adoption of the ordinance in a newspaper of general circulation 24
108	108	in the county. 25
109	109	(B) The notice shall include a copy of the ordinance and 26
110	110	shall prescribe a time and place within the proposed district for a public 27
111	111	hearing on the ordinance. 28
112	112	(2)(A) A public hearing shall be held at some large public 29
113	113	facility within the boundaries of the p roposed district at least sixty (60) 30
114	114	days and not more than ninety (90) days after the date of publication of the 31
115	115	notice. 32
116	116	(B) If at the hearing a majority of the qualified electors 33
117	117	in the proposed district appear in person to oppose the establishment o f the 34
118	118	district or if petitions opposing the establishment of the district and 35
119	119	containing the signatures of a majority of the qualified electors in the 36 HB1528
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124	124	proposed district are filed at or before the public hearing, the ordinance 1
125	125	creating the district shall be void. 2
126	126	(C)(i) If a majority of the qualified electors of the 3
127	127	proposed district do not object to the establishment of the district in 4
128	128	person or by petition within the time prescribed in this subsection, the 5
129	129	ordinance shall be valid and the district shal l be established. 6
130	130	(ii) The board of commissioners for the district 7
131	131	shall be appointed and serve, and the levy of assessed benefits to support 8
132	132	the district may be made, in the same manner as is provided in this 9
133	133	subchapter for fire protection districts established pursuant to a vote of 10
134	134	the electors. 11
135	135	(d)(1) A fire protection district established by ordinance of the 12
136	136	quorum court without a vote of the electors of the district shall have no 13
137	137	authority to issue bonds and to pledge assessed benefits of the district to 14
138	138	secure bonds, unless the question of the issuance of bonds by the district is 15
139	139	first submitted to, and approved by, a majority of the qualified electors of 16
140	140	the district voting on the issue. 17
141	141	(2) The question of the issuance of bonds by a fire protection 18
142	142	district established by ordinance of the quorum court may be submitted to the 19
143	143	electors of the district at an election called by the county court either at 20
144	144	the request of the board of commissioners of the district or upon petition 21
145	145	signed by ten percent (10%) of the electors of the district as determined by 22
146	146	the number of votes cast by the electors of the district for all candidates 23
147	147	for Governor at the last preceding general election. 24
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149	149	SECTION 3. Arkansas Code § 14 -284-212(b), concerning the asses sment of 26
150	150	the annual benefits accruing to the owners of real property inside a fire 27
151	151	protection district, is amended to read as follows: 28
152	152	(b)(1) They The board shall thereupon appoint three (3) assessors to 29
153	153	assess the annual benefits which that will accrue to the real property within 30
154	154	the district from the providing of fire protection services and shall fix 31
155	155	their the compensation of the assessors. 32
156	156	(2) The assessors shall take an oath that they will well and 33
157	157	truly assess all annual benefits that will accru e to the protected landowners 34
158	158	of the district by the providing of fire protection services. 35
159	159	(3) When conducting their assessment under this section, the 36 HB1528
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164	164	assessors shall value the real property in an amount equal to the market 1
165	165	value set by the county ass essor at the most recent county assessment. 2
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