Stricken language would be deleted from and underlined language would be added to present law.
Act 103 of the Regular Session
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1175
4
5 By: Representative Underwood
6 By: Senator J. Bryant
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING THE ESTABLISHMENT
10 AND DUTIES OF MUNICIPAL POLICE DEPARTMENTS AND
11 MUNICIPAL FIRE DEPARTMENTS; TO CREATE CONSISTENCY
12 AMONG STATUTES CONCERNING THE ESTABLISHMENT AND
13 DUTIES OF MUNICIPAL POLICE DEPARTMENTS AND MUNICIPAL
14 FIRE DEPARTMENTS; AND FOR OTHER PURPOSES.
15
16
17 Subtitle
18 TO AMEND THE LAW TO CREATE CONSISTENCY
19 AMONG STATUTES CONCERNING THE
20 ESTABLISHMENT AND DUTIES OF MUNICIPAL
21 POLICE DEPARTMENTS AND MUNICIPAL FIRE
22 DEPARTMENTS.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code § 14-52-101, concerning the establishment of
28 a city police department in cities of the first class, is amended to add
29 additional subsections to read as follows:
30 (c) The governing body of a city of the first class shall have the
31 power to prescribe the duties, define the powers, and promulgate the policies
32 necessary to govern a police department established under this section.
33 (d) As used in this section, "governing body" means the:
34 (1) City council in a mayor-council form of government; and
35 (2) Board of directors in a city manager or city administrator
36 form of government.
*JLL027* 01/18/2023 5:41:43 PM JLL027
HB1175
1
2 SECTION 2. Arkansas Code § 14-52-102, concerning the authorization for
3 cities of the second class and incorporated towns to establish a police
4 department, is amended to add additional subsections to read as follows:
5 (c) The governing body of a city of the second class or incorporated
6 town shall have the power to prescribe the duties, define the powers, and
7 promulgate the policies necessary to govern a police department established
8 under this section.
9 (d) As used in this section, "governing body" means the:
10 (1) City council in a mayor-council form of government; and
11 (2) Board of directors in a city manager or city administrator
12 form of government.
13
14 SECTION 3. Arkansas Code § 14-53-101 is amended to read as follows:
15 14-53-101. Establishment in cities.
16 (a)(1) Except as provided in subdivision (a)(2) of this section, the
17 city council governing body of a city shall establish fire departments and
18 provide them with proper engines and such other equipment as shall be
19 necessary to extinguish fires and preserve the property of the city and of
20 the inhabitants from conflagration.
21 (2) In lieu of establishing its own fire department under this
22 section, the city council governing body of a city by ordinance may enter
23 into a contract or interlocal agreement for city fire protection with an
24 existing fire department certified by the Arkansas Fire Protection Services
25 Board.
26 (b) The city council governing body of a city shall promulgate rules
27 have the power to prescribe the duties, define the powers, and promulgate the
28 policies necessary to govern the a fire department that the city council
29 deems expedient established under this section.
30 (c) As used in this section, "governing body" means the:
31 (1) City council in a mayor-council form of government; and
32 (2) Board of directors in a city manager or city administrator
33 form of government.
34
35 APPROVED: 2/21/23
36
2 01/18/2023 5:41:43 PM JLL027
Statutes affected: HB 1175: 14-52-101, 14-52-102
Act 103: 14-52-101, 14-52-102