An act TO LIMIT THE REGULATION AND TAXATION OF LAWN 10 CARE DEVICES, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas       As Engrossed: S2/13/25
2 95th General Assembly
                                A Bill

3 Regular Session, 2025                                             HOUSE BILL 1075

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5 By: Representative Ray

6 By: Senator J. Bryant

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8                         For An Act To Be Entitled

9   AN ACT TO LIMIT THE REGULATION AND TAXATION OF LAWN

10  CARE DEVICES; TO PROHIBIT A LOCAL GOVERNMENT FROM

11  REGULATING THE SALE OR USE OF A LAWN CARE DEVICE OR

12  IMPOSING A TAX OR FEE ON THE USE OF A LAWN CARE

13  DEVICE IN CERTAIN CIRCUMSTANCES; AND FOR OTHER

14  PURPOSES.

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17                                       Subtitle

18                       TO PROHIBIT A LOCAL GOVERNMENT FROM

19                       REGULATING THE SALE OR USE OF A LAWN

20                       CARE DEVICE OR IMPOSING A TAX OR FEE ON

21                       THE USE OF A LAWN CARE DEVICE IN CERTAIN

22                       CIRCUMSTANCES.

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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26  SECTION 1. Arkansas Code Title 14, Chapter 1, Subchapter 111, is

27 amended to add an additional section to read as follows:

28  14-1-111. Prohibition on limiting certain lawn care devices �

29 Definitions.

30  (a) As used in this section:

31  (1) "Lawn care device" means an object used for lawn care,

32 maintenance, or landscaping that is powered by an energy source or consumes

33 an energy source to accomplish a significant part of the intended function of

34 the object; and

35  (2) "Local government" means:

36                        (A) A county;

    *SSS053*                                                       02-13-2025 10:12:14 SSS053
    As Engrossed: S2/13/25                                        HB1075

1   (B) A city of the first class, a city of the second class,

2 or an incorporated town; or

3   (C) An instrumentality of a county, a city of the first

4 class, a city of the second class, or an incorporated town.

5   (b) A local government shall not:

6   (1) Restrict the use or sale of a lawn care device to a private

7 person or entity based on the energy source that is used to power the lawn

8 care device or that is consumed by the lawn care device; or

9   (2)(A) Impose an excise tax or other fee on the use of a lawn

10 care device based on the energy source that is used to power the lawn care

11 device or that is consumed by the lawn care device.

12  (B) Subdivision (b)(2)(A) of this section does not

13 prohibit a local government from levying a sales and use tax.

14  (c) This section does not prohibit a local government from:

15  (1) Purchasing or using a lawn care device that uses a

16 particular energy source; or

17  (2) Enacting or enforcing a noise ordinance.

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19                               /s/Ray

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