Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1855 Chaptered / Bill

Filed 04/21/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
Act 818 of the Regular Session 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1855 3 
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By: Representative Ennett 5 
By: Senators K. Hammer, J. Scott 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE LAWS CONCERNING THE POWERS AND 9 
DUTIES OF THE DEPARTMENT OF AGRICULTURE AND THE 10 
ARKANSAS FORESTRY COMMISSION; TO AMEND THE LAWS 11 
RELATING TO FIRE PROTECTION DISTRICTS; TO AMEND THE 12 
AUTHORITY OF THE DEPARTMENT OF AGRICULTURE TO ADJUST 13 
FIRE PROTECTION DISTRICT BOUNDARIES HAVING 14 
OVERLAPPING BOUNDARIES; TO AMEND THE AUTHORITY OF THE 15 
DEPARTMENT OF AGRICULTURE TO RECOMMEND CHANGES TO 16 
OTHER FIRE PROTECTION DISTRICT BOUNDARIES; AND FOR 17 
OTHER PURPOSES. 18 
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Subtitle 21 
TO AMEND THE LAWS CONCERNING THE POWERS 22 
AND DUTIES OF THE DEPARTMENT OF 23 
AGRICULTURE AND THE ARKANSAS FORESTRY 24 
COMMISSION; AND TO AMEND THE LAWS 25 
RELATING TO FIRE PROTECTION DISTRICT 26 
BOUNDARIES. 27 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 29 
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 SECTION 1.  Arkansas Code § 14 -284-125 is amended to read as follows: 31 
 14-284-125.  Boundaries of overlapping , abutting, or contiguous 32 
districts —— Definition. 33 
 (a)(1) The State Forestry Commission Department of Agriculture shall 34 
have authority may make recommendations to the county court to adjust the 35 
boundaries of fire protection districts : 36    	HB1855 
 
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 (A)  Districts having overlapping boundaries .;  1 
 (B)  Districts abutting an area for which there is no fire 2 
protection service; or 3 
 (C)  Contiguous districts. 4 
The commission shall adjust the boundaries of overlapping fire districts upon 5 
the request of either district. The commission shall adjust the boundaries so 6 
that each district receives approximately fifty percent (50%) of the area 7 
that is within the boundaries of both districts.  8 
 (2)(A)  Except as provided in subdivision (a)(2)(B) of this 9 
section, a district may request in writing a recommendation for an adjustment 10 
from the Department of Agriculture under this section. 11 
 (B)  A contiguous district may make a request under 12 
subdivision (a)(2)(A) of this section: 13 
 (i)  If an agreement exists among the affected 14 
districts; or 15 
 (ii)  Upon a showing of good cause for the alteration 16 
of the boundaries of the districts. 17 
 (3)  The Department of Agriculture shall notify the district that 18 
requested the recommendation under subdivision (a)(2) of this section if the 19 
Department of Agriculture will make a recommendation to adjust the boundaries 20 
under this section. 21 
 (b)  If the Department of Agriculture makes a recommendation under this 22 
section to adjust the boundaries of a district: 23 
 (1)  Within thirty (30) days of the recommendation, the district 24 
that requested a recommendation under subdivision (a)(2) of this section 25 
shall file a petition to adjust the boundary with the county court of the 26 
county in which the area of adjustment exists and shall attach the 27 
recommendation to the petition; 28 
 (2)  Upon the setting of a hearing by the county court, the 29 
district that requested a recommendation under subdivision (a)(2) of this 30 
section shall provide public notice of the county court hearing by 31 
publication in a newspaper of general circulation in the county at least one 32 
(1) time, one (1) week in advance of the county court hearing; and 33 
 (3)  The county court shall: 34 
 (A)(i)  Consider the recommended adjustment of boundaries 35 
filed under subdivision (b)(1) of this section and shall enter an order: 36    	HB1855 
 
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 (a)  Accepting the recommended adjustment of 1 
the boundaries; 2 
 (b)  Rejecting the recommended adjustment of 3 
the boundaries and maintaining the existing boundaries; or 4 
 (c)  Rejecting the recommended adjustment of 5 
the boundaries and adjusting the boundaries as determined by the county court 6 
to be just and proper. 7 
 (ii)  If the boundaries are altered under subdivision 8 
(b)(3)(A)(i) of this section, the order of the county court shall contain a 9 
legal description and a map depicting the adjusted boundary or boundaries; 10 
and 11 
 (B)  Create a new fire protection district map under § 12 -12 
10-329 if the boundaries are altered under subdivision (b)(3)(A)(i) of this 13 
section.  14 
 (c)  This section is supplemental to other provisions of law regarding 15 
the establishment of district boundaries, including without limitation § 14	-16 
20-108.  17 
 (d)(1)  As used in this section, "district" means a district that 18 
provides fire protection services. 19 
 (2)  As used in this section, "district" includes without 20 
limitation a: 21 
 (A)  Nonprofit fire protection corporation or association; 22 
 (B)  Nonprofit corporation organized as a volunteer fire 23 
department or a rural fire department; 24 
 (C)  Fire protection district organized under § 14 -284-101 25 
et seq. or § 14-284-201 et seq.;  26 
 (D)  Suburban fire improvement district organized under § 27 
14-92-201 et seq.; and 28 
 (E)  County-created subordinate service district that 29 
provides fire protection services under §§ 14 -14-708 and 14-14-709. 30 
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APPROVED: 4/17/25 33 
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