Arkansas 2025 Regular Session

Arkansas House Bill HB1445 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1445 3
6	6	4
7	7	By: Representative B. McKenzie 5
8	8	By: Senator J. Bryant 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO PROHIBIT CERTAIN RESTRICTIONS ON THE 9
12	12	REGULATION OF SHORT-TERM RENTALS; AND FOR OTHER 10
13	13	PURPOSES. 11
14	14	12
15	15	13
16	16	Subtitle 14
17	17	TO PROHIBIT CERTAIN RESTRICTIONS ON THE 15
18	18	REGULATION OF SHORT-TERM RENTALS. 16
19	19	17
20	20	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
21	21	19
22	22	SECTION 1. DO NOT CODIFY. Legislative findings. 20
23	23	The General Assembly finds that: 21
24	24	(1) Arkansas Constitution, Article 2, § 2, establishes that "All 22
25	25	men are created equally free and independent, and have certain inherent and 23
26	26	inalienable rights; amongst which are those of enjoying and defending life 24
27	27	and liberty; of acquiring, possessing and protecting property, and 25
28	28	reputation; and of pursuing their own happiness"; 26
29	29	(2) Furthermore, Arkansas Constitution, Article 2, § 21, 27
30	30	establishes that "No person shall be taken, or imprisoned, or disseized of 28
31	31	his estate, freehold, liberties or privileges; or outlawed, or in any manner 29
32	32	destroyed, or deprived of his life, liberty or property; except by the 30
33	33	judgment of his peers, or the law of the land; nor shall any person, under 31
34	34	any circumstances, be exiled from the State"; 32
35	35	(3) Arkansans have a constitutional right to use their property 33
36	36	without intrusion by the government; 34
37	37	(4) Short-term rentals are vital to the tourism and 35
38	38	marketability of the state; and 36 HB1445
39	39
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41	41	(5) Local governments often hold back tourism and infringe on 1
42	42	property owners' private property rights in this state by passing ordinances 2
43	43	that inhibit property owners' right to use their property as they see fit. 3
44	44	4
45	45	SECTION 2. Arkansas Code Title 18, Chapter 11, Subchapter 1, is 5
46	46	amended to add an additional section to read as follows: 6
47	47	18-11-111. Restrictions on regulation of short -term rentals and 7
48	48	vacation rentals — Definitions. 8
49	49	(a) As used in this section: 9
50	50	(1) "Applicant" means: 10
51	51	(A) A short-term rental owner; or 11
52	52	(B) An assigned agent who plans to manage a short -term 12
53	53	rental; 13
54	54	(2) "Local government" means an incorporated town, a city, or a 14
55	55	county; 15
56	56	(3) "Effectively prohibit" means an act or failure to act by the 16
57	57	governing body of a local government that prevents a property owner, lodging 17
58	58	operator, or tenant from using property as a short -term rental after 18
59	59	reasonable compliance with generally applicable local laws; 19
60	60	(4)(A) "Short-term rental" means an individually or collectively 20
61	61	owned single-family house or dwelling unit or a unit or group of units in a 21
62	62	condominium, cooperative or timeshare, or owner -occupied residential home 22
63	63	that is offered for rental for a fee and for thirty (30) days or less. 23
64	64	(B) "Short-term rental" does not include a unit that is 24
65	65	used: 25
66	66	(i) For retail; 26
67	67	(ii) As a restaurant; 27
68	68	(iii) As banquet space; 28
69	69	(iv) As an event center; or 29
70	70	(v) For any other similar use; and 30
71	71	(5) "Short-term rental marketplace" means a person who provides 31
72	72	a platform through which a property owner, lodging operator, or tenant, or 32
73	73	the authorized agent of the property owner, lodging operator, or tenant, 33
74	74	offers a short-term rental to an occupant. 34
75	75	(b) A local government shall not enact or enforce an ordinance, 35
76	76	resolution, rule, or other requirement of any type that prohibits, 36 HB1445
77	77
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79	79	effectively prohibits, or limits the use of a property as a short -term rental 1
80	80	unit. 2
81	81	(c) A local government may enact or enforce an ordinance, resolution, 3
82	82	rule, or other requirement that: 4
83	83	(1)(A) Requires an applicant to register with the local 5
84	84	government, at a cost not to exceed fifty dollars ($50.00) per short -term 6
85	85	rental, prior to the applicant's operation of a short -term rental, provided 7
86	86	that the ordinance, resolution, rule, or other requirement does not expressly 8
87	87	prohibit, effectively prohibit, or limit the use of a property as a short -9
88	88	term rental. 10
89	89	(B) If a local government enacts or enforces an ordinance, 11
90	90	resolution, rule, or other requirement under subdivision (c)(1)(A) of this 12
91	91	section, the local government shall: 13
92	92	(i) Review an application for registration for 14
93	93	completeness within fifteen (15) business days after receiving the 15
94	94	application for registration; and 16
95	95	(ii) Accept the application for registration or 17
96	96	issue a written notice of denial of the application for registration that 18
97	97	identifies the deficiencies in the application for registration. 19
98	98	(C) An applicant that receives a written notice of denial 20
99	99	of the applicant’s application for registration under subdivision 21
100	100	(c)(1)(B)(ii) of this section shall not be prohibited from submitting another 22
101	101	application for registration if the applicant cures the deficiencies 23
102	102	identified in the written notice of denial of the application for 24
103	103	registration; 25
104	104	(2) Is not more burdensome than an ordinance, resolution, rule, 26
105	105	or other requirement that currently applies to all residential properties 27
106	106	found within the jurisdiction of the local government; 28
107	107	(3) Suspends an applicant's ability to operate a short -term 29
108	108	rental for a period of time that does not exceed thirty (30) days if the 30
109	109	applicant has been adjudicated of violating the same local ordinance three 31
110	110	(3) or more times within a one hundred eighty (180) day period of time; 32
111	111	(4) Suspends an applicant's ability to operate a short -term 33
112	112	rental for a period of time that does not exceed twelve (12) months if the 34
113	113	applicant has been found guilty of violating one (1) local ordinance and the 35
114	114	violation of the local ordinance: 36 HB1445
115	115
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117	117	(A) Occurred at the short -term rental; and 1
118	118	(B) Resulted in the serious physical injury or wrongful 2
119	119	death of a person from the purposely reckless conduct of the short -term 3
120	120	rental owner or the short -term rental owner's assigned agent; or 4
121	121	(5) Limits or prohibits the use of a short -term rental to: 5
122	122	(A) House sex offenders; 6
123	123	(B) Sell illegal drugs or alcohol; or 7
124	124	(C) House an adult-oriented business, including without 8
125	125	limitation a business involving: 9
126	126	(i) Pornography or other obscene material; or 10
127	127	(ii) Nude or topless dancing. 11
128	128	(d) A short-term rental: 12
129	129	(1) Shall be classified as residential land use for zoning 13
130	130	purposes; and 14
131	131	(2) Is subject to all zoning requirements applicable to property 15
132	132	classified as residential land use for zoning purposes. 16
133	133	(e) A local government shall not regulate the operation of a short -17
134	134	term rental marketplace. 18
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