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Senate discussion emphasizes restoring local control, noise rules and divestment provisions in Act 851 (Senate Bill 78)

April 23, 2024 | CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE, Senate, Committees, Legislative, Arkansas


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Senate discussion emphasizes restoring local control, noise rules and divestment provisions in Act 851 (Senate Bill 78)
Senate Bill 78 — referenced in committee as Act 851 — was discussed as a measure to restore local control over certain facilities, tighten noise-related obligations for operators, and mirror foreign-ownership/divestment requirements included elsewhere in committee work.

Senator Bryant described the bill as restoring local tools to act when facilities "behave badly," giving counties and municipalities police powers such as planning and zoning, and providing remedies when local governments decline to regulate. "What Senate Bill 78 does is restore that local control as an effective tool for those local governments," he said, adding that a noise provision would require operators to meet standards and give standing to adjacent property owners to seek court enforcement.

Bryant told the committee there are numerous such facilities in the state, "some up to 13 years" in operation, and that the bill aims to protect neighbors while balancing counties’ desires about exercising police powers. He said the bill’s foreign-ownership section aligns with related proposals by other senators to require divestment where prohibited ownership exists.

Committee members clarified procedural matters about re-referral and having an engrossed copy of last Thursday’s amendment for additional public comment; the committee agreed to re-refer/engross and later recorded a voice vote to pass the item as presented.

The committee concluded by passing the matter and adjourning; no floor scheduling or external implementation steps were specified in the transcript.

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