Arkansas 2025 Regular Session

Arkansas House Bill HB1618 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 523 of the Regular Session
3	2		SSS161 02/27/2025 8:03:58 AM SSS161
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 HOUSE BILL 1618 3
7	6		4
8	7		By: Representative Hawk 5
9	8		By: Senator Crowell 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO AMEND THE LAW CONCERNING THE ELECTION, 9
13	12		APPOINTMENT, AND CONTRACTING OF A MUNICIPAL ATTORNEY; 10
14	13		AND FOR OTHER PURPOSES. 11
15	14		12
16	15		13
17	16		Subtitle 14
18	17		TO AMEND THE LAW CONCERNING THE 15
19	18		ELECTION, APPOINTMENT, AND CONTRACTING 16
20	19		OF A MUNICIPAL ATTORNEY. 17
21	20		18
22	21		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
23	22		20
24	23		SECTION 1. Arkansas Code § 14 -42-112(a), concerning municipal 21
25	24		attorneys for cities of the second class and incorporated towns, is amended 22
26	25		to read as follows: 23
27	26		(a)(1) All cities of the second class and incorporated towns within 24
28	27		the State of Arkansas may elect a municipal attorney at the time of the 25
29	28		election of other officers of these cities of the second class and 26
30	29		incorporated towns, if it is not established by ordinance that the office of 27
31	30		the city municipal attorney will be appointed. 28
32	31		(2) A city of the second class or an incorporated town that 29
33	32		chooses not to have an office of the municipal attorney may contract with an 30
34	33		attorney for representation. 31
35	34		(2)(A)(3)(A) All municipal attorneys An attorney elected or 32
36	35		appointed to the office of the municipal attorney or an attorney contracted 33
37	36		with under the provisions of this section shall be a regularly licensed 34
38	37		attorneys attorney of this state. 35
39	38		(B) When no attorney resides within the limits of the city 36 HB1618
40	39
41	40		2 02/27/2025 8:03:58 AM SSS161
42	41		or town or when no resident attorney has been elected as municipal attorney, 1
43	42		the mayor and city or town council may appoint any regularly licensed 2
44	43		attorney of this state to serve as the municipal attorney An attorney elected 3
45	44		or appointed under this section shall: 4
46	45		(i) Hold the office of the municipal attorney; and 5
47	46		(ii) Reside within the municipal boundaries of the 6
48	47		city of the second class or incorporated town . 7
49	48		(C) An attorney contracted for legal representation under 8
50	49		this section is not required to reside within the limits of the city of the 9
51	50		second class or incorporated town. 10
52	51		11
53	52		SECTION 2. Arkansas Code § 14 -42-112(e), concerning municipal 12
54	53		attorneys for cities of the second class and incorporated towns, is amended 13
55	54		to read as follows: 14
56	55		(e) The term of office for an elected or appointed municipal attorney 15
57	56		shall be four (4) years. 16
58	57		17
59	58		SECTION 3. Arkansas Code § 14 -42-112 is amended to add an additional 18
60	59		subsection to read as follows: 19
61	60		(f) This section does not limit the authority of cities of the second 20
62	61		class and incorporated towns from joining with other municipalities to 21
63	62		purchase the services of an attorney for representation as provided under § 22
64	63		14-54-101. 23
65	64		24
66	65		SECTION 4. Arkansas Code § 14 -42-122 is repealed. 25
67	66		14-42-122. City attorney in mayor -council cities of fewer than 10,000. 26
68	67		(a)(1) If not established by ordinance that the office of the city 27
69	68		attorney will be appointed, the qualified voters of cities of the first class 28
70	69		having a population of fewer than ten thousand (10,000) and having the mayor -29
71	70		council form of government shall elect a city attorney for four (4) years on 30
72	71		the Tuesday following the first Monday in November 2022 and every four (4) 31
73	72		years thereafter. 32
74	73		(2) An incumbent city attorney shall continue in office until 33
75	74		his or her successor is elected and qualified. 34
76	75		(b)(1) If no attorney residing in the city is elected as city 35
77	76		attorney, the city council may appoint a resident attorney to fill the office 36 HB1618
78	77
79	78		3 02/27/2025 8:03:58 AM SSS161
80	79		for the remainder of the unfilled term. 1
81	80		(2)(A) If no attorney of the city serves as city attorney by 2
82	81		election or appointment or if no attorney resides within the municipal 3
83	82		boundaries of the city, then upon a two -thirds vote the city council may 4
84	83		contract with any licensed attorney of this state or the licensed attorney's 5
85	84		law firm to serve as legal advisor, counselor, or prosecutor. 6
86	85		(B) The duties of an attorney under contract shall be 7
87	86		prescribed by ordinance. 8
88	87		9
89	88		SECTION 5. Arkansas Code § 14 -43-319 is repealed. 10
90	89		14-43-319. City attorney in mayor -council cities of fewer than 5,000. 11
91	90		(a)(1) If not established by ordinance that the office of the city 12
92	91		attorney will be appointed, the qualified voters of cities of the first class 13
93	92		having a population of fewer than five thousand (5,000) and having the mayor -14
94	93		council form of government shall elect a city attorney for four (4) years on 15
95	94		the Tuesday following the first Monday in November 2006 and every four (4) 16
96	95		years thereafter. 17
97	96		(2) An incumbent city attorney shall continue in office until 18
98	97		his or her successor is elected and qualified. 19
99	98		(b)(1) If no attorney residing in the city is elected as city 20
100	99		attorney, the city council may select a resident attorney to fill the office 21
101	100		for the remainder of the unfilled term. 22
102	101		(2)(A) If no resident attorney of the city is willing to serve 23
103	102		as city attorney or if no attorney resides within the limits of the city, the 24
104	103		mayor and city council may contract with any licensed attorney of this state 25
105	104		or the attorney's firm to serve as legal advisor, counselor, or prosecutor 26
106	105		until a qualified city attorney is elected or qualified. 27
107	106		(B) The duties of a nonresident attorney under contract 28
108	107		shall be prescribed by ordinance. 29
109	108		30
110	109		31
111		-	~~APPROVED: 4/10/25~~ 32
	110	+	32
112	111		33
113	112		34
114	113		35
115	114		36