Local control is a cornerstone of American democracy, allowing communities to make decisions that best reflect their unique needs and values. This principle empowers citizens to have a direct impact on the policies that affect their daily lives, from zoning regulations to public safety measures. However, in recent years, there has been a growing trend of state legislatures introducing preemption bills that threaten to erode the function and purpose of local government. In Arkansas, several such bills are currently making their way through the legislative process, each would limit the ability of municipalities to function effectively if signed into law. Below are some of the key preemption bills that could significantly impact local control in the Natural State.  

Short-Term Rental Regulation  

HB1445: This bill aims to regulate short-term rentals. 

HB1790: A compromise bill to HB 1445, it would eliminate caps on short-term rentals while allowing cities to regulate other aspects.   

Property Use and Zoning  

HB1754: This bill, referred to as the Private Property Protection Act, would severely limit cities’ abilities to regulate planning and zoning.  

SB456: This bill, called the Home Opportunities Made Easier Act, would remove single-family zoning regulations and strip away design criteria for residential and commercial properties. 

HB1448: This bill would amend municipal planning laws and require notice and compensation to property owners. This bill has not moved since being filed on February 11.   

HB1510: This bill repeals municipal authority over unincorporated county areas. It has passed and is now Act 314.  

Rental Regulations  

SB91: This bill would preempt localities from regulating rental application fees or deposits.    

Accessory Dwelling Units (ADUs)  

HB1503: This will prohibit cities from regulating ADUs. It has been signed by the Governor and is now Act 313.  

Ranked-Choice Voting  

HB1706: This bill would prohibit ranked-choice voting. It has not moved since being filed on March 6.  

Identification Issuance  

HB1789: This bill would restrict local governments from funding any municipal identification card programs in any way if the program does not require applicants to provide proof of lawful presence in the United States. For more information, read our Race Equity Director’s testimony against HB 1789.

Diversity, Equity, and Inclusion 

SB520: This bill would prohibit diversity, equity, and inclusion offices, officers, policies, or practices in local government.  

Impact on Local Control  

These bills collectively represent a significant threat to local control in Arkansas and are part of a much larger trend in preemption seen in state legislatures across the country. They limit municipalities’ ability to regulate various aspects of urban planning, housing, and local policies. The bills on short-term rentals, zoning, and ADUs particularly impact cities’ capacity to manage their housing markets and urban development. The municipal identification card issuance restriction may affect cities’ abilities to serve their communities as they see fit and effectively eliminate existing municipal identification card programs. Overall, these preemption bills, if passed, would substantially reduce the autonomy of local governments in Arkansas to address their specific needs and challenges.