Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 487 of the Regular Session
 State of Arkansas As Engrossed:        H1/17/23 H3/2/23 H3/14/23 H3/27/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1067
 4
 By: Representative Andrews
 By: Senator Stone
 7
                                   For An Act To Be Entitled
                 AN ACT CONCERNING THE QUALIFICATIONS FOR
                 FIREFIGHTERS; TO MODIFY THE LAW CONCERNING RESIDENCY
                 REQUIREMENTS FOR CERTAIN FIREFIGHTERS; AND FOR OTHER
                 PURPOSES.
13
14
                                               Subtitle
                         TO MODIFY THE LAW CONCERNING RESIDENCY
                         REQUIREMENTS FOR CERTAIN FIREFIGHTERS.
18
19
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
        SECTION 1.        Arkansas Code Title 14, Chapter 53, is amended to add an
 additional section to read as follows:
        14-53-113.        Residency requirement.
        (a)(1)       As used in this section, "firefighter" means a full-time, paid
 member of a municipal fire department who is employed by the municipality and
 whose primary duty is fighting fires.
                 (2)     "Firefighter" does not include the chief or head of the fire
 department.
        (b)    A residency requirement for a municipal fire department may be
 established by ordinance or resolution for firefighters or persons applying
 to be a firefighter only if the municipal fire department:
                 (1)     Uses full-time, paid firefighters and volunteer
 firefighters;
                 (2)     Is a volunteer fire department; or
                 (3)     Uses part-time paid firefighters and firefighters who are
     *JLL049*                                                                     03-27-2023 10:26:10 JLL049
     As Engrossed:       H1/17/23 H3/2/23 H3/14/23 H3/27/23                        HB1067
 paid an appearance fee.
      (c)   A residency requirement that is enacted under subsection (b) of
 this section shall not affect the residency or employment status of a
 firefighter who is employed with the municipal fire department at the time
 the residency requirement is adopted.
      (d)   For the purpose of hiring, a municipal fire department may give
 preference to a person applying to be a firefighter who is a resident of the
 state or a county adjacent to the county in which the municipal fire
 department is located.
      (e)   This section does not affect a municipal fire department's
 policies concerning:
               (1)    The use of a vehicle owned by the municipal fire department
 by a firefighter who is not on duty; or
               (2)    Firefighters who, based on their assignment, are required to
 respond to an emergency or call out within a specific time period.
16
      SECTION 2.       Arkansas Code Title 14, Chapter 284, Subchapter 1, is
 amended to add an additional section to read as follows:
      14-284-126.       Residency requirement.
      (a)(1)     As used in this section, "firefighter" means a full-time, paid
 member of a fire protection district who is employed by the board of
 commissioners of a fire protection district and whose primary duty is
 fighting fires.
               (2)    "Firefighter" does not include the chief or head of the fire
 protection district.
      (b)   A residency requirement for a fire protection district may be
 established by ordinance or resolution for firefighters or persons applying
 to be a firefighter only if the fire protection district:
               (1)    Uses full-time, paid firefighters and volunteer
 firefighters;
               (2)    Is a volunteer fire department; or
               (3)    Uses part-time paid firefighters and firefighters who are
 paid an appearance fee.
      (c)   A residency requirement that is enacted under subsection (b) of
 this section shall not affect the residency or employment status of a
 firefighter who is employed with the fire protection district at the time the
                                             2                 03-27-2023 10:26:10 JLL049
     As Engrossed:       H1/17/23 H3/2/23 H3/14/23 H3/27/23                        HB1067
 residency requirement is adopted.
      (d)   For the purpose of hiring, a fire protection district may give
 preference to a person applying to be a firefighter who is a resident of the
 state or a county adjacent to the county in which the fire protection
 district is located.
      (e)   This section does not affect a fire protection district's policies
 concerning:
               (1)    The use of a vehicle owned by the fire protection district
 by a firefighter who is not on duty; or
               (2)    Firefighters who, based on their assignment, are required to
 respond to an emergency or call out within a specific time period.
12
      SECTION 3.       Arkansas Code Title 14, Chapter 284, Subchapter 2, is
 amended to add an additional section to read as follows:
      14-284-227.       Residency requirement.
      (a)(1)     As used in this section, "firefighter" means a full-time, paid
 member of a fire protection district who is employed by the board of
 commissioners of a fire protection district and whose primary duty is
 fighting fires.
               (2)    "Firefighter" does not include the chief or head of the fire
 protection district.
      (b)   A residency requirement for a fire protection district may be
 established by ordinance or resolution for firefighters or persons applying
 to be a firefighter only if the fire protection district:
               (1)    Uses full-time, paid firefighters and volunteer
 firefighters;
               (2)    Is a volunteer fire department; or
               (3)    Uses part-time paid firefighters and firefighters who are
 paid an appearance fee.
      (c)   A residency requirement that is enacted under subsection (b) of
 this section shall not affect the residency or employment status of a
 firefighter who is employed with the fire protection district at the time the
 residency requirement is adopted.
      (d)   For the purpose of hiring, a fire protection district may give
 preference to a person applying to be a firefighter who is a resident of the
 state or a county adjacent to the county in which the fire protection
                                             3                 03-27-2023 10:26:10 JLL049
     As Engrossed:       H1/17/23 H3/2/23 H3/14/23 H3/27/23                       HB1067
 district is located.
      (e)   This section does not affect a fire protection district's policies
 concerning:
               (1)    The use of a vehicle owned by the fire protection district
 by a firefighter who is not on duty; or
               (2)    Firefighters who, based on their assignment, are required to
 respond to an emergency or call out within a specific time period.
 8
 9
                                       /s/Andrews
11
12
                                    APPROVED: 4/10/23
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                             4                03-27-2023 10:26:10 JLL049