Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 520 of the Regular Session
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1716
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 By: Representatives Holcomb, M. Berry, S. Berry, Bragg, Bryant, Christiansen, A. Collins, Cozart,
 Dalby, Eubanks, K. Ferguson, L. Fite, Fortner, Jean, Jett, Ladyman, Maddox, Magie, M. McElroy,
 Wardlaw, Warren
 By: Senators B. Johnson, Gilmore
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                                    For An Act To Be Entitled
                AN ACT TO ENHANCE ECONOMIC OPPORTUNITIES IN RURAL
                AREAS OF ARKANSAS; TO EXPAND THE OPTIONS FOR
                CONSTRUCTING AND OPERATING MOTOR VEHICLE RACING
                FACILITIES IN CERTAIN RURAL AREAS; AND FOR OTHER
                PURPOSES.
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                                               Subtitle
                         TO ENHANCE ECONOMIC OPPORTUNITIES IN
                         RURAL AREAS OF ARKANSAS; AND TO EXPAND
                         THE OPTIONS FOR CONSTRUCTING AND
                         OPERATING MOTOR VEHICLE RACING FACILITIES
                         IN CERTAIN RURAL AREAS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Arkansas Code Title 8, Chapter 10, Subchapter 3, is amended
 to add an additional section to read as follows:
        8-10-305. Motor vehicle racing facilities in certain rural locations.
        (a)    As used in this section, motor vehicle racing facility means any
 facility designed and used for competitive racing by automobiles or trucks
 that are modified for racing.
        (b)    Sections 8-10-302  8-10-304 do not apply to a new motor vehicle
 racing facility constructed and initially permitted after August 31, 2021,
 and located:
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               (1)   In an unincorporated area or town that is one (1) mile or
 more from the boundary of a city of the first class or city of the second
 class; or
               (2)(A)     If subject to subdivision (b)(1) of this section, in an
 area in which the mayor of the city of the first class or city of the second
 class provides a written waiver to subdivision (b)(1) of this section.
                        (B)   If the area involves more than one (1) city of the
 first class or city of the second class, a written waiver under subdivision
 (b)(2)(A) of this section from the mayors of each city involved is required.
      (c)(1)     A person proposing to construct a motor vehicle racing facility
 under subsection (b) of this section may apply to the county judge for
 issuance of a motor vehicle racing facility permit by filing a permit
 application with the county clerk that shall contain a written proposal for
 the motor vehicle racing facility that includes:
                        (A)   A description of the types of motor vehicles proposed
 for racing at the motor vehicle racing facility;
                        (B)   The maximum projected noise level of the motor
 vehicles proposed for racing at the motor vehicle racing facility;
                        (C)   A description of the kinds of races and the types of
 buildings, stands, or other physical plants proposed for the motor vehicle
 racing facility;
                        (D)   Estimates of traffic counts and numbers of spectators
 at the proposed motor vehicle racing facility; and
                        (E)   Any other relevant information as may be determined
 necessary for the motor vehicle racing facility permit application by the
 county judge, including without limitation the hours of operation, an
 assurance of liability insurance, and other information related to operation
 of the motor vehicle racing facility.
               (2)   For the initial permit application for a new motor vehicle
 racing facility to be constructed, the applicant shall provide sufficient
 information on the environmental impact of the proposed motor vehicle racing
 facility.
               (3)(A)     The county judge shall set a date for a public hearing to
 be held on the proposed motor vehicle racing facility permit that shall not
 be fewer than thirty (30) days after the filing of the initial motor vehicle
 racing facility permit application.
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                     (B)(i)     Notice of the public hearing under subdivision
 (c)(3)(A) of this section shall be placed on the county-owned or affiliated
 website or published through other means as directed by the county judge at
 the expense of the applicant.
                              (ii)   The public hearing under subdivision (c)(3)(A)
 of this section for the initial motor vehicle racing facility permit may be
 adjourned and continued if necessary.
                     (C)   The county judge may hold public hearings for the
 renewal of a motor vehicle racing facility permit as necessary.
                     (D)   Any interested persons may appear at a public hearing
 under this subdivision (c)(3) and contest the granting of an approval or
 renewal of a motor vehicle racing facility permit.
               (4)   Affidavits in support of or against the proposed motor
 vehicle racing facility or the renewal of a motor vehicle racing facility
 permit may be prepared and submitted and filed with the county clerk to be
 provided to the county judge for consideration during the public hearing.
      (d)(1)     After the public hearing for the initial motor vehicle racing
 facility permit or upon application for the annual renewal of the motor
 vehicle racing facility permit, if the county judge is satisfied that the
 benefits of the motor vehicle racing facility are sustained by proof and
 outweigh the impact of the noise, air pollution, and traffic congestion
 caused by the motor vehicle racing facility, then the county judge may:
                     (A)   Grant the initial motor vehicle racing facility permit
 approving the proposed motor vehicle racing facility; or
                     (B)   Renew the motor vehicle racing facility permit.
               (2)   The county judge may deny the renewal of a motor vehicle
 racing facility permit if the motor vehicle racing facility is:
                     (A)   Determined to be in violation of any standards under
 which the motor vehicle racing facility permit was issued; or
                     (B)   Constructed or is being operated in a manner that is
 materially different than was represented during the initial application
 process.
      (e)   If any material changes, additions, or improvements are made to
 the motor vehicle racing facility, the motor vehicle racing facility permit
 shall be amended accordingly, and the county judge may reconsider the
 approval of the motor vehicle racing facility permit.
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      (f)   A motor vehicle racing facility permit issued under this section
 shall be renewed annually.
      (g)   The county judge may issue any necessary requirements and
 procedures to implement this section, including setting a motor vehicle
 racing facility permit fee to recover the cost of issuing a motor vehicle
 racing facility permit.
      (h)   Due to the noise pollution and air pollution from the motor
 vehicles and traffic congestion caused by motor vehicle racing facilities, a
 motor vehicle racing facility shall not be permitted or constructed under
 this section within one (1) mile of the boundary of another county.
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                               APPROVED: 4/1/21
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