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 1564 3
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By: Representative Long 5
By: Senator Caldwell 6
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For An Act To Be Entitled 8
AN ACT TO MODIFY MOTOR VEHICLE RACING FACILITY 9
PERMITS IN CERTAIN RURAL LOCATIONS; TO SET CERTAIN 10
RESTRICTIONS ON A MOTOR VEHICLE RACING FACILITY IN 11
CERTAIN RURAL LOCATIONS; TO DECLARE AN EMERGENCY; AND 12
FOR OTHER PURPOSES. 13
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Subtitle 16
TO MODIFY MOTOR VEHICLE RACING FACILITY 17
PERMITS AND TO SET CERTAIN RESTRICTIONS 18
ON A MOTOR VEHICLE RACING FACILITY IN 19
CERTAIN RURAL LOCATIONS; AND TO DECLARE 20
AN EMERGENCY. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code § 8 -10-305 is amended to read as follows: 25
8-10-305. Motor vehicle racing facilities in certain rural locations — 26
Definition. 27
(a) As used in this section, “motor vehicle racing facility” means any 28
facility or all-terrain recreational park designed and used for competitive 29
racing by: 30
(1) Automobiles automobiles or trucks that are modified for 31
racing; 32
(2) All-terrain vehicles as defined in § 27 -21-102; 33
(3) All-terrain vehicles that are modified for racing; 34
(4) Motorcycles; 35
(5) Motorcycles that are modified for racing; or 36 HB1564
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(6) Automobiles or trucks that are not modified for racing . 1
(b) Sections 8-10-302 — 8-10-304 do not apply to a new motor vehicle 2
racing facility constructed and initially permitted after August 31, 2021, 3
and located: 4
(1) In an unincorporated area or town that is one (1) mile or 5
more from the boundary of a city of the first class or city of the second 6
class; or 7
(2)(A) If subject to subdivision (b)(1) of this section, in an 8
area in which the mayor of the city of the first class or city of the second 9
class provides a written waiver to subdivision (b)(1) of this section. 10
(B) If the area involves more than one (1) city of the 11
first class or city of the second class, a written waiver under subdivision 12
(b)(2)(A) of this section from the mayors of each city involved is required. 13
(c)(1) A person proposing to construct a motor vehicle racing facility 14
under subsection (b) of this section may apply to the county judge quorum 15
court for issuance of a motor vehicle racing facility permit by filing a 16
permit application with the county clerk that shall contain a written 17
proposal for the motor vehicle racing facility that includes: 18
(A) A description of the types of motor vehicles proposed 19
for racing at the motor vehicle racing facility; 20
(B)(i) The maximum projected noise level of the motor 21
vehicles proposed for racing at the motor vehicle racing facility . 22
(ii) A motor vehicle racing facility permit shall 23
not be granted for a motor vehicle racing facility that exceeds a maximum 24
noise level of seventy -five decibels (75 dB) at the property line of the 25
motor vehicle racing facility ; 26
(C) A description of the kinds of races and the types of 27
buildings, stands, or other physical plants proposed for the motor vehicle 28
racing facility; 29
(D) Estimates of traffic counts and numbers of spectators 30
at the proposed motor vehicle racing facility; and 31
(E)(i) Proof of liability insurance providing coverage in 32
an amount of no less than one million dollars ($1,000,000). 33
(ii) Proof of renewals of the liability insurance 34
described in subdivision (c)(1)(E)(i) of this section shall be filed with the 35
county clerk; and 36 HB1564
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(E)(F) Any other relevant information as may be determined 1
necessary for the motor vehicle racing facility permit application by the 2
county judge quorum court, including without limitation the hours of 3
operation, an assurance of liability insurance, and other information related 4
to operation of the motor vehicle racing facility. 5
(2) For the initial permit application for a new motor vehicle 6
racing facility to be constructed, the applicant shall provide sufficient 7
information on the environmental impact of the proposed motor vehicle racing 8
facility. 9
(3)(A) The county judge quorum court shall set a date for a 10
public hearing to be held on the proposed motor vehicle racing facility 11
permit that shall not be fewer than thirty (30) days after the filing of the 12
initial motor vehicle racing facility permit application. 13
(B)(i) Notice of the public hearing under subdivision 14
(c)(3)(A) of this section shall be : 15
(a) Placed placed on the county-owned or 16
affiliated website or published through other means as directed by the county 17
judge quorum court at the expense of the applicant ; and 18
(b) Mailed to all property owners and 19
residents within a radius of three (3) miles of the proposed motor vehicle 20
racing facility. 21
(ii) The public hearing under subdivision (c)(3)(A) 22
of this section for the initial motor vehicle racing facility permit may be 23
adjourned and continued if necessary. 24
(C) The county judge may quorum court shall hold public 25
hearings for the renewal of a motor vehicle racing facility permit as 26
necessary. 27
(D) Any interested persons may appear at a public hearing 28
under this subdivision (c)(3) and contest the granting of an approval or 29
renewal of a motor vehicle racing facility permit. 30
(4) Affidavits in support of or against the proposed motor 31
vehicle racing facility or the renewal of a motor vehicle racing facility 32
permit may be prepared and submitted and filed with the county clerk to be 33
provided to the county judge quorum court for consideration during the public 34
hearing. 35
(d)(1) After the public hearing for the initial motor vehicle racing 36 HB1564
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facility permit or upon application for the annual renewal of the motor 1
vehicle racing facility permit, if the county judge is satisfied that the 2
benefits of the motor vehicle racing facility are sustained by proof and 3
outweigh the impact of the noise, air pollution, and traffic congestion 4
caused by the motor vehicle racing facility, then the county judge may the 5
quorum court shall vote to : 6
(A) Grant or deny the initial motor vehicle racing 7
facility permit approving the proposed motor vehicle racing facility; or 8
(B) Renew or deny the renewal of the motor vehicle racing 9
facility permit. 10
(2) The county judge quorum court may deny the renewal of a 11
motor vehicle racing facility permit if the motor vehicle racing facility is: 12
(A) Determined to be in violation of any standards under 13
which the motor vehicle racing facility permit was issued; or 14
(B) Constructed or is being operated in a manner that is 15
materially different than was represented during the initial application 16
process. 17
(3) The quorum court shall set quiet hours for the motor vehicle 18
racing facility to be between 9:00 p.m. and 6:00 a.m. 19
(e) If any material changes, additions, or improvements are made to 20
the motor vehicle racing facility, the motor vehicle racing facility permit 21
shall be amended accordingly, and the county judge quorum court may 22
reconsider the approval of the motor vehicle racing facility permit. 23
(f) A motor vehicle racing facility permit issued under this section 24
shall be renewed annually. 25
(g) The county judge quorum court may issue any necessary requirements 26
and procedures to implement this section, including setting a motor vehicle 27
racing facility permit fee to recover the cost of issuing a motor vehicle 28
racing facility permit. 29
(h) Due to the noise pollution and air pollution from the motor 30
vehicles and traffic congestion caused by motor vehicle racing facilities, a 31
motor vehicle racing facility shall not be permitted or constructed under 32
this section within one (1) mile of the boundary of another county. 33
(i) There shall be a fine in the amount of one thousand dollars 34
($1,000) per day if the motor vehicle racing facility violates this section 35
or does not comply with the requirements of the motor vehicle racing facility 36 HB1564
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permit. 1
(j) This section does not prohibit neighboring property owners to sue 2
for loss of property value and quality of life or preclude standing of a 3
neighboring property owner. 4
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SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 6
General Assembly of the State of Arkansas that motor vehicle racing 7
facilities have become increasing problematic for the environment and the 8
public peace in certain rural locations; that additional measures and 9
restrictions should be taken to preserve the environment and the public peace 10
of the citizens who live in rural locations; and that this act is immediately 11
necessary to preserve the environment and the public peace of the citizens of 12
this state. Therefore, an emergency is declared to exist, and this act being 13
immediately necessary for the preservation of the public peace, health, and 14
safety shall become effective on: 15
(1) The date of its approval by the Governor; 16
(2) If the bill is neither approved nor vetoed by the Governor, 17
the expiration of the period of time during which the Governor may veto the 18
bill; or 19
(3) If the bill is vetoed by the Governor and the veto is 20
overridden, the date the last house overrides the veto. 21
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