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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1537
4
5 By: Representatives Ladyman, McGruder
6 By: Senator Dees
7
8 For An Act To Be Entitled
9 AN ACT TO REPEAL THE LOCATION ACT FOR COMMUNITY HOMES
10 FOR INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL
11 DISABILITIES; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO REPEAL THE LOCATION ACT FOR COMMUNITY
16 HOMES FOR INDIVIDUALS WITH INTELLECTUAL
17 AND DEVELOPMENTAL DISABILITIES.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code � 9-28-402(12)(F), concerning the definition
22 of "exempt child welfare agency" within the Child Welfare Agency Licensing
23 Act, is amended to read as follows:
24 (F) Human development centers regulated by the Board of
25 Developmental Disabilities Services pursuant to the Location Act for
26 Community Homes for Individuals with Intellectual and Developmental
27 Disabilities, � 20-48-601 et seq.;
28
29 SECTION 2. Arkansas Code Title 20, Chapter 48, Subchapter 6, is
30 repealed.
31 Subchapter 6 -- Location Act for Community Homes for Individuals with
32 Intellectual and Developmental Disabilities
33
34 20-48-601. Title.
35 This subchapter shall be known as the "Location Act for Community Homes
36 for Individuals with Intellectual and Developmental Disabilities".
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2 20-48-602. Purpose.
3 (a) The General Assembly declares that it is the goal of this
4 subchapter to improve the quality of life of all individuals with
5 intellectual or other developmental disabilities and to integrate individuals
6 with intellectual or other developmental disabilities into the mainstream of
7 society by ensuring them the availability of community residential
8 opportunities in the residential areas of this state.
9 (b) In order to implement this goal, this subchapter should be
10 liberally construed toward that end.
11
12 20-48-603. Definitions.
13 As used in this subchapter, unless the context otherwise requires:
14 (1) "Individual with an intellectual and developmental
15 disability" means a person with an intellectual and developmental disability
16 as defined in this section;
17 (2) "Intellectual and developmental disability" means the same
18 as defined in � 20-48-101;
19 (3) "Division" means the Division of Developmental Disabilities
20 Services or the staff of the division where the context so indicates;
21 (4) "Family Home I" means a community-based residential home
22 licensed by the division that provides room and board, personal care,
23 habilitation services, and supervision in a single-family environment for not
24 more than eight (8) individuals with developmental disabilities;
25 (5) "Family Home II" means a community-based residential home
26 licensed by the division that provides room and board, personal care,
27 habilitation services, and supervision in a multifamily environment for more
28 than eight (8) but fewer than sixteen (16) individuals with developmental
29 disabilities;
30 (6) "Permitted use" means a use by right that is authorized in
31 residential zoning districts; and
32 (7) "Political subdivision" means a county or municipal
33 corporation and includes any boards, commissions, or councils governing land
34 use on behalf of the political subdivision.
35
36 20-48-604. Zoning -- Permitted use.
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1 (a) A Family Home I is a residential use of property for the purposes
2 of zoning and shall be treated as a permitted use in all residential zones or
3 districts, including all single-family residential zones or districts of all
4 political subdivisions. No political subdivision may require that a Family
5 Home I or its owner or operator obtain a conditional use permit, special use
6 permit, special exception, or variance.
7 (b) A Family Home II is a multifamily residential use of a property
8 for the purpose of zoning and shall be treated as a permitted use in all
9 zoning districts of all political subdivisions allowing multifamily uses. No
10 political subdivision may require that a Family Home II or its owner or
11 operator obtain a conditional use permit, special use permit, special
12 exception, or variance.
13
14 20-48-605. Issuance and renewal of licenses.
15 (a) For the purposes of safeguarding the health and safety of
16 individuals with intellectual or other developmental disabilities and
17 avoiding over-concentration of Family Homes I and Family Homes II, either
18 alone or in conjunction with similar community-based residences, the Division
19 of Developmental Disabilities Services shall inspect and license the
20 operation of family homes and may renew or revoke their licenses.
21 (b) A license is valid for one (1) year from the date it is issued or
22 renewed although the division may inspect the homes more frequently, if
23 needed.
24 (c) The division shall not issue or renew and may revoke the license
25 of a family home not operating in compliance with this section and rules
26 adopted hereunder.
27
28 20-48-606. Rules -- Density control.
29 (a) The Division of Developmental Disabilities Services shall
30 promulgate rules pursuant to the Arkansas Administrative Procedure Act, � 25-
31 15-201 et seq., which shall encompass the following matters:
32 (1)(A) Limits on the number of new Family Homes I and Family
33 Homes II to be permitted on blocks, block faces, and other appropriate
34 geographic areas taking into account the existing residential population
35 density and the number, occupancy, and location of similar community
36 residential facilities serving persons in drug, alcohol, juvenile, child,
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1 parole, and other treatment programs as well as any other dissimilar
2 facilities such as public housing, soup kitchens at churches, and boarding
3 homes.
4 (B) Density limits as follows:
5 City Population Total Number of Homes I and II
6 1,000 or fewer 1
7 1,001 -- 9,999 1 for every 2,000
8 10,000 -- 49,000 1 for every 3,000
9 50,000 -- 249,000 1 for every 10,000
10 250,000 -- 1 for every 20,000
11 (C) There shall be three hundred feet (300) between family
12 homes unless otherwise permitted by local ordinance. There shall be three
13 thousand feet (3,000) between family homes in cities over thirty thousand
14 (30,000) population unless otherwise permitted by local ordinance;
15 (2) Assurance that adequate arrangements are made for the
16 residents of family homes to receive such care and habilitation as are
17 necessary and appropriate to their needs and to further their progress
18 towards independent living and that they have access to appropriate services
19 such as public transportation, health care, recreation facilities, and
20 shopping centers;
21 (3) Protection of the health and safety of the residents of
22 Family Homes I and Family Homes II, however, compliance with these rules
23 shall not relieve the owner or operator of any Family Home I or Family Home
24 II of the obligation to comply with the requirements or standards of a
25 political subdivision pertaining to setback, lot size, flood zones, outside
26 appearance, building, housing, health, fire, safety, and motor vehicle
27 parking space that generally apply to single-family residences in the zoning
28 district for Family Homes I or multifamily use districts for Family Homes II.
29 No requirements for business licenses, gross receipt taxes, environmental
30 impact studies, or clearances may be imposed on the homes if those fees,
31 taxes, or clearances are not imposed on all structures in the zoning district
32 housing a like number of persons; and
33 (4)(A) Procedures by which any resident of a residential zoning
34 district or the governing body of a political subdivision in which a Family
35 Home I or Family Home II is or is to be located may petition the division to
36 deny an application for a license to operate a Family Home I or Family Home
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1 II on the grounds that the operation of the home would be in violation of the
2 limits established pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B)
3 of this section or that the proposed location is an area of high risk to the
4 health and safety of the residents of the family home.
5 (B) Petitions claiming the high-risk-area basis for denial
6 must set forth and document one (1) or more of the following high-risk
7 rationales:
8 (i) High crime area;
9 (ii) Close proximity to stored hazardous materials;
10 (iii) Dangerous traffic pattern;
11 (iv) Frequent flooding; or
12 (v) Insufficient fire protection.
13 (b) The division shall furnish a copy of proposed rules promulgated
14 hereunder to the Arkansas Municipal League, the Association of Arkansas
15 Counties, and the Capitol Zoning District Commission at least thirty (30)
16 days before the public hearing to be held thereon.
17
18 20-48-607. Application for license.
19 (a) All applicants for a license to operate a Family Home I or Family
20 Home II shall apply to the Division of Developmental Disabilities Services
21 for the license and shall file a copy of the application with the governing
22 body of the political subdivision having jurisdiction over the zoning of the
23 land on which the Family Home I or Family Home II is to be located.
24 (b) Notice of the application shall be sent by mail addressed to the
25 resident as listed in the city directory or occupant of all buildings located
26 within two hundred feet (200) of the proposed site.
27 (c)(1) All applicants shall post a sign not less than twelve inches by
28 eighteen inches (12 x 18) at the site.
29 (2) The sign shall contain such statements as required by rules
30 promulgated pursuant to this subchapter.
31 (d) All applications must include population and occupancy statistics
32 reflecting compliance with the limits established pursuant to � 20-48-
33 606(a)(1)(A) and (B).
34 (e) The division may not issue a license for a family home until the
35 applicant has submitted proof of filing with the governing body of the
36 political subdivision having jurisdiction over the zoning of the land on
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1 which the home is to be located a copy of the application at least thirty
2 (30) days before the granting of the license and any amendment of the
3 application increasing the number of residents to be served at least fifteen
4 (15) days before the granting of a license.
5
6 20-48-608. List of family homes.
7 In order to facilitate the implementation of � 20-48-606(a)(1)(A) and
8 (B), the Division of Developmental Disabilities Services of the Department of
9 Human Services shall maintain a list of the location, capacity, and current
10 occupancy of all Family Homes I and Family Homes II. The division shall
11 ensure that this list shall not contain the names or other identifiable
12 information about any residents of the homes and that copies of this list
13 shall be available to any resident of this state and any state agency or
14 political subdivision upon request.
15
16 20-48-609. Comprehensive plans.
17 (a) Any political subdivision which currently has zoning restrictions
18 or hereafter adopts zoning restrictions may develop a comprehensive plan for
19 providing adequate sites for Family Homes I and Family Homes II and submit
20 the plan to the Division of Developmental Disabilities Services of the
21 Department of Human Services along with population and occupancy statistics
22 reflecting compliance with the limits established pursuant to � 20-48-
23 606(a)(1)(A) and (B).
24 (b) The plan may also delineate unsuitable sites due to high risks set
25 forth in � 20-48-606(4).
26 (c) The division shall thereafter consult the comprehensive plan filed
27 by the political subdivision in considering licensure of Family Homes I and
28 Family Homes II for that political subdivision.
29
30 20-48-610. Compliance with appearance or structural requirements in
31 certain districts.
32 Nothing in this subchapter shall be construed as relieving the owner or
33 operator of any Family Home I or Family Home II of the obligation to comply
34 with outside appearance requirements or structural requirements for location
35 of a Family Home I or Family Home II within a local historic district or
36 within the Capitol Zoning District.
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2 20-48-611. Restriction by private property agreement void.
3 (a) Any restriction, reservation, condition, exception, or covenant in
4 any subdivision plan, deed, or other instrument of or pertaining to the
5 transfer, sale, lease, or use of property that would permit residential use
6 of property but prohibit the use of the property as a Family Home I or Family
7 Home II for individuals with intellectual or other developmental
8 disabilities, to the extent of the prohibition, shall be void as against the
9 public policy of this state and shall be given no legal or equitable force or
10 effect.
11 (b) Nothing in this subchapter shall be construed directly or
12 analogously to affect the rights of property owners to exclude by express or
13 judicially implied agreements other property uses which are not the subject
14 of this subchapter.
15
16 SECTION 3. Arkansas Code � 20-48-702(a)(2), concerning the
17 reimbursement rate structure for contracting with community programs, is
18 amended to read as follows:
19 (2) By January 1, 2002, the department will design and conduct a
20 rate and cost-of-service review of the reasonable and efficient prospective
21 costs necessarily incurred to provide Medicaid-covered and state-covered
22 services within the community to individuals with developmental disabilities.
23 Subject to federal and state funding restrictions, the department will fund
24 Medicaid services for persons with developmental disabilities in accordance
25 with findings contained in the review and provide state funds for those
26 services to which the individuals are entitled under federal and state laws
27 that are not covered by the Medicaid program. By June 30, 2002, the
28 department will adopt regulations and standards, approved pursuant to this
29 subchapter, which clearly define the state's responsibility to individuals
30 eligible for services under federal laws, including, but not limited to, the
31 Americans With Disabilities Act of 1990, Pub. L. No. 101-336; Section 504 of
32 the Rehabilitation Act of 1973, Pub. L. No. 93-112; and state laws, including
33 �� 20-14-502, and 20-48-101, and 20-48-603, and more specifically:
34 (A) The categories of services and service limits on each
35 category which will be provided through the Medicaid state plan; and
36 (B) The categories of services and service limits which
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2 applicable for provider client services, or both.
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8 02/20/2025 9:07:29 AM JMB166Every fact on this page links to its source, starting with the official bill record.