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Committee adopts amendment to let secretary of state oversee limited, two‑county incorporations; debate centers on local control
Summary
Following an amendment, the committee passed a bill that, in narrow circumstances where a proposed new municipality straddles two counties, moves incorporation review to the secretary of state rather than county court. Opponents warned the change shifts judicial review and administrative appeals away from traditional county-court procedures.
A committee adopted an amendment and advanced a measure intended to clear a path for a proposed new municipality known as Little Italy — a community that straddles Pulaski and Perry counties — to incorporate with a streamlined process handled by the Secretary of State in certain circumstances.
What the amendment does The adopted amendment narrows the bill’s scope: instead of transferring incorporation authority generally, it applies only when a proposed municipality lies in two counties. In those limited cases the Secretary of State would conduct the incorporation review rather than the county court. The amendment also adds specific protections requested by Central Arkansas Water so that watershed-protection restrictions in the Lake Maumelle watershed cannot be weakened by incorporation; any municipality created under the new procedure may not reduce existing watershed safeguards.
Supporters’ rationale Senator Mark Johnson, sponsor of the bill as amended, said the change was requested by residents of Little Italy and is intended to avoid putting an individual county judge in the sole role of deciding an incorporation petition that affects citizens in two counties. He noted the proposal requires signatures verified in both counties and includes a distance restriction preventing incorporation within three miles of an existing municipality.
Opponents’ view and process concerns Mark Whitmore of the Association of Arkansas Counties and Garland County Judge Daryl Mahoney told the committee the change would route petitions into an administrative review under the Administrative Procedure Act rather than to county court, which offers a de novo judicial proceeding on appeal. Whitmore and Judge Mahoney cited a recent local incorporation dispute that had been considered in county court and said the proposed change would shift how disputes are litigated and could limit traditional judicial remedies.
Committee outcome and next steps The committee adopted the amendment and passed the bill as amended by voice vote. Sponsors said the measure is narrowly tailored to allow citizens in the particular two-county situation to move forward and that the Secretary of State’s office indicated no fiscal impact and is prepared to administer the limited procedure.
