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Arkansas House Bill HB1564

Arkansas 2025 Regular Session

Arkansas House Bill HB1564 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1564 3
66 4
77 By: Representative Long 5
88 By: Senator Caldwell 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO MODIFY MOTOR VEHICLE RACING FACILITY 9
1212 PERMITS IN CERTAIN RURAL LOCATIONS; TO SET CERTAIN 10
1313 RESTRICTIONS ON A MOTOR VEHICLE RACING FACILITY IN 11
1414 CERTAIN RURAL LOCATIONS; TO DECLARE AN EMERGENCY; AND 12
1515 FOR OTHER PURPOSES. 13
1616 14
1717 15
1818 Subtitle 16
1919 TO MODIFY MOTOR VEHICLE RACING FACILITY 17
2020 PERMITS AND TO SET CERTAIN RESTRICTIONS 18
2121 ON A MOTOR VEHICLE RACING FACILITY IN 19
2222 CERTAIN RURAL LOCATIONS; AND TO DECLARE 20
2323 AN EMERGENCY. 21
2424 22
2525 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2626 24
2727 SECTION 1. Arkansas Code § 8 -10-305 is amended to read as follows: 25
2828 8-10-305. Motor vehicle racing facilities in certain rural locations — 26
2929 Definition. 27
3030 (a) As used in this section, “motor vehicle racing facility” means any 28
3131 facility or all-terrain recreational park designed and used for competitive 29
3232 racing by: 30
3333 (1) Automobiles automobiles or trucks that are modified for 31
3434 racing; 32
3535 (2) All-terrain vehicles as defined in § 27 -21-102; 33
3636 (3) All-terrain vehicles that are modified for racing; 34
3737 (4) Motorcycles; 35
3838 (5) Motorcycles that are modified for racing; or 36 HB1564
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4141 (6) Automobiles or trucks that are not modified for racing . 1
4242 (b) Sections 8-10-302 — 8-10-304 do not apply to a new motor vehicle 2
4343 racing facility constructed and initially permitted after August 31, 2021, 3
4444 and located: 4
4545 (1) In an unincorporated area or town that is one (1) mile or 5
4646 more from the boundary of a city of the first class or city of the second 6
4747 class; or 7
4848 (2)(A) If subject to subdivision (b)(1) of this section, in an 8
4949 area in which the mayor of the city of the first class or city of the second 9
5050 class provides a written waiver to subdivision (b)(1) of this section. 10
5151 (B) If the area involves more than one (1) city of the 11
5252 first class or city of the second class, a written waiver under subdivision 12
5353 (b)(2)(A) of this section from the mayors of each city involved is required. 13
5454 (c)(1) A person proposing to construct a motor vehicle racing facility 14
5555 under subsection (b) of this section may apply to the county judge quorum 15
5656 court for issuance of a motor vehicle racing facility permit by filing a 16
5757 permit application with the county clerk that shall contain a written 17
5858 proposal for the motor vehicle racing facility that includes: 18
5959 (A) A description of the types of motor vehicles proposed 19
6060 for racing at the motor vehicle racing facility; 20
6161 (B)(i) The maximum projected noise level of the motor 21
6262 vehicles proposed for racing at the motor vehicle racing facility . 22
6363 (ii) A motor vehicle racing facility permit shall 23
6464 not be granted for a motor vehicle racing facility that exceeds a maximum 24
6565 noise level of seventy -five decibels (75 dB) at the property line of the 25
6666 motor vehicle racing facility ; 26
6767 (C) A description of the kinds of races and the types of 27
6868 buildings, stands, or other physical plants proposed for the motor vehicle 28
6969 racing facility; 29
7070 (D) Estimates of traffic counts and numbers of spectators 30
7171 at the proposed motor vehicle racing facility; and 31
7272 (E)(i) Proof of liability insurance providing coverage in 32
7373 an amount of no less than one million dollars ($1,000,000). 33
7474 (ii) Proof of renewals of the liability insurance 34
7575 described in subdivision (c)(1)(E)(i) of this section shall be filed with the 35
7676 county clerk; and 36 HB1564
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7979 (E)(F) Any other relevant information as may be determined 1
8080 necessary for the motor vehicle racing facility permit application by the 2
8181 county judge quorum court, including without limitation the hours of 3
8282 operation, an assurance of liability insurance, and other information related 4
8383 to operation of the motor vehicle racing facility. 5
8484 (2) For the initial permit application for a new motor vehicle 6
8585 racing facility to be constructed, the applicant shall provide sufficient 7
8686 information on the environmental impact of the proposed motor vehicle racing 8
8787 facility. 9
8888 (3)(A) The county judge quorum court shall set a date for a 10
8989 public hearing to be held on the proposed motor vehicle racing facility 11
9090 permit that shall not be fewer than thirty (30) days after the filing of the 12
9191 initial motor vehicle racing facility permit application. 13
9292 (B)(i) Notice of the public hearing under subdivision 14
9393 (c)(3)(A) of this section shall be : 15
9494 (a) Placed placed on the county-owned or 16
9595 affiliated website or published through other means as directed by the county 17
9696 judge quorum court at the expense of the applicant ; and 18
9797 (b) Mailed to all property owners and 19
9898 residents within a radius of three (3) miles of the proposed motor vehicle 20
9999 racing facility. 21
100100 (ii) The public hearing under subdivision (c)(3)(A) 22
101101 of this section for the initial motor vehicle racing facility permit may be 23
102102 adjourned and continued if necessary. 24
103103 (C) The county judge may quorum court shall hold public 25
104104 hearings for the renewal of a motor vehicle racing facility permit as 26
105105 necessary. 27
106106 (D) Any interested persons may appear at a public hearing 28
107107 under this subdivision (c)(3) and contest the granting of an approval or 29
108108 renewal of a motor vehicle racing facility permit. 30
109109 (4) Affidavits in support of or against the proposed motor 31
110110 vehicle racing facility or the renewal of a motor vehicle racing facility 32
111111 permit may be prepared and submitted and filed with the county clerk to be 33
112112 provided to the county judge quorum court for consideration during the public 34
113113 hearing. 35
114114 (d)(1) After the public hearing for the initial motor vehicle racing 36 HB1564
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117117 facility permit or upon application for the annual renewal of the motor 1
118118 vehicle racing facility permit, if the county judge is satisfied that the 2
119119 benefits of the motor vehicle racing facility are sustained by proof and 3
120120 outweigh the impact of the noise, air pollution, and traffic congestion 4
121121 caused by the motor vehicle racing facility, then the county judge may the 5
122122 quorum court shall vote to : 6
123123 (A) Grant or deny the initial motor vehicle racing 7
124124 facility permit approving the proposed motor vehicle racing facility; or 8
125125 (B) Renew or deny the renewal of the motor vehicle racing 9
126126 facility permit. 10
127127 (2) The county judge quorum court may deny the renewal of a 11
128128 motor vehicle racing facility permit if the motor vehicle racing facility is: 12
129129 (A) Determined to be in violation of any standards under 13
130130 which the motor vehicle racing facility permit was issued; or 14
131131 (B) Constructed or is being operated in a manner that is 15
132132 materially different than was represented during the initial application 16
133133 process. 17
134134 (3) The quorum court shall set quiet hours for the motor vehicle 18
135135 racing facility to be between 9:00 p.m. and 6:00 a.m. 19
136136 (e) If any material changes, additions, or improvements are made to 20
137137 the motor vehicle racing facility, the motor vehicle racing facility permit 21
138138 shall be amended accordingly, and the county judge quorum court may 22
139139 reconsider the approval of the motor vehicle racing facility permit. 23
140140 (f) A motor vehicle racing facility permit issued under this section 24
141141 shall be renewed annually. 25
142142 (g) The county judge quorum court may issue any necessary requirements 26
143143 and procedures to implement this section, including setting a motor vehicle 27
144144 racing facility permit fee to recover the cost of issuing a motor vehicle 28
145145 racing facility permit. 29
146146 (h) Due to the noise pollution and air pollution from the motor 30
147147 vehicles and traffic congestion caused by motor vehicle racing facilities, a 31
148148 motor vehicle racing facility shall not be permitted or constructed under 32
149149 this section within one (1) mile of the boundary of another county. 33
150150 (i) There shall be a fine in the amount of one thousand dollars 34
151151 ($1,000) per day if the motor vehicle racing facility violates this section 35
152152 or does not comply with the requirements of the motor vehicle racing facility 36 HB1564
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155155 permit. 1
156156 (j) This section does not prohibit neighboring property owners to sue 2
157157 for loss of property value and quality of life or preclude standing of a 3
158158 neighboring property owner. 4
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160160 SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 6
161161 General Assembly of the State of Arkansas that motor vehicle racing 7
162162 facilities have become increasing problematic for the environment and the 8
163163 public peace in certain rural locations; that additional measures and 9
164164 restrictions should be taken to preserve the environment and the public peace 10
165165 of the citizens who live in rural locations; and that this act is immediately 11
166166 necessary to preserve the environment and the public peace of the citizens of 12
167167 this state. Therefore, an emergency is declared to exist, and this act being 13
168168 immediately necessary for the preservation of the public peace, health, and 14
169169 safety shall become effective on: 15
170170 (1) The date of its approval by the Governor; 16
171171 (2) If the bill is neither approved nor vetoed by the Governor, 17
172172 the expiration of the period of time during which the Governor may veto the 18
173173 bill; or 19
174174 (3) If the bill is vetoed by the Governor and the veto is 20
175175 overridden, the date the last house overrides the veto. 21
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