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