An act TO AMEND THE MEMBERSHIP OF THE ARKANSAS FAIR 10 HOUSING COMMISSION, the official text

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

1 State of Arkansas               A Bill
2 95th General Assembly

3 Regular Session, 2025                                            HOUSE BILL 1774

4

5 By: Representative Beaty Jr.

6 By: Senator B. Johnson

7

8                               For An Act To Be Entitled

9   AN ACT TO AMEND THE MEMBERSHIP OF THE ARKANSAS FAIR

10  HOUSING COMMISSION; AND FOR OTHER PURPOSES.

11

12

13                                Subtitle

14                        TO AMEND THE MEMBERSHIP OF THE ARKANSAS

15                        FAIR HOUSING COMMISSION.

16

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

18

19  SECTION 1. Arkansas Code � 16-123-303 is amended to read as follows:

20  16-123-303. Creation -- Members.

21  (a) There is created the Arkansas Fair Housing Commission, which shall

22 consist of seven (7) members.

23  (b) The seven (7) members of the Arkansas Fair Housing Commission

24 shall be selected as follows:

25  (1) Five (5) members with knowledge or experience in the fields

26 of real estate, homebuilding, mortgage lending, banking, or other related

27 fields, appointed by the Governor, subject to confirmation by the Senate;

28  (2) One (1) member who has demonstrated active involvement or

29 interest in fair housing issues, appointed by the President Pro Tempore of

30 the Senate; and

31  (3) One (1) member who has demonstrated active involvement or

32 interest in fair housing issues, appointed by the Speaker of the House of

33 Representatives.

34  (b)(1) The Arkansas Fair Housing Commission shall consist of thirteen

35 (13) voting members, to be selected as follows: Seven (7) appointed by the

36 Governor subject to confirmation by the Senate, three (3) appointed by the

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1 Speaker of the House of Representatives, and three (3) appointed by the

2 President Pro Tempore of the Senate, as set forth in this subchapter, for

3 terms of four (4) years whose terms begin on January 1 and end on December 31

4 of the fourth year or when their respective successors are appointed and

5 qualified.

6             (2)(A)(i) One (1) member shall have been a licensed real estate

7 broker or licensed real estate salesperson engaged in the practice of

8 residential real estate sales for not fewer than five (5) years prior to his

9 or her appointment.

10                     (ii) One (1) member shall have been a licensed real

11 estate broker or licensed real estate salesperson engaged in the practice of

12 multifamily real estate property management for no fewer than five (5) years

13 prior to his or her appointment.

14                     (iii) One (1) member shall have been a licensed real

15 estate broker or licensed real estate salesperson engaged in the practice of

16 real estate for no fewer than five (5) years prior to his or her appointment.

17                 (B) The Governor shall appoint members to fill vacancies

18 under subdivision (b)(2)(A) of this section after consulting the Arkansas

19 Realtors Association, subject to confirmation by the Senate.

20            (3)(A) One (1) member shall have been a licensed homebuilder

21 engaged in the homebuilding business for not fewer than five (5) years.

22                 (B) The Governor shall appoint a member to fill a vacancy

23 for the member to represent subdivision (b)(3)(A) of this section after

24 consulting the Arkansas Home Builders Association and subject to confirmation

25 by the Senate.

26            (4)(A) One (1) member shall have been a mortgage broker employed

27 for not fewer than five (5) years by a registered mortgage loan company or

28 loan broker.

29                 (B) The Governor shall appoint a member to fill a vacancy

30 for the member to represent subdivision (b)(4)(A) of this section after

31 consulting the Mortgage Bankers Association of Arkansas and subject to

32 confirmation by the Senate.

33            (5)(A) One (1) member shall have been a banker engaged in the

34 banking business for not fewer than five (5) years.

35                 (B) The Governor shall appoint a member to fill a vacancy

36 for the member to represent subdivision (b)(5)(A) of this section after

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1 consulting Arkansas Community Bankers and the Arkansas Bankers Association

2 and subject to confirmation by the Senate.

3   (6)(A)(i) Seven (7) members shall represent consumers and shall

4 not be actively engaged in or retired from the business of real estate,

5 homebuilding, mortgage lending, or banking, including one (1) member who

6 shall be appointed by the Governor to represent persons meeting the

7 definition of individuals with a disability in this subchapter after

8 consulting the Governor's Commission on People with Disabilities and subject

9 to confirmation by the Senate.

10                          (ii) Three (3) of the members to be appointed

11 pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by

12 the Speaker of the House of Representatives, one (1) member who shall be a

13 fair housing attorney or advocate with at least five (5) years of experience

14 in advocacy for fair housing issues.

15                          (iii) Three (3) of the members to be appointed

16 pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by

17 the President Pro Tempore of the Senate, one (1) member of whom shall be

18 sixty (60) years of age or older who shall represent the elderly.

19  (B) A minimum of four (4) appointments made pursuant to

20 subdivision (b)(6)(A)(i) of this section shall be given to persons protected

21 under �� 16-123-310 -- 16-123-316.

22  (c) Members of the Arkansas Fair Housing Commission shall serve a term

23 of four (4) years, or until a successor has been appointed and qualified.

24  (d) A vacancy arising in the membership of the Arkansas Fair Housing

25 Commission shall be filled for the balance of the unexpired term by the

26 appointing authority in the same manner as provided for initial appointments.

27  (e) The appointing authorities shall make an effort to ensure that the

28 membership of the Arkansas Fair Housing Commission is reflective of the

29 geographic diversity of the state.

30  (c)(f) All members shall be full voting members of the Arkansas Fair

31 Housing Commission.

32  (d)(1) Members of the Arkansas Fair Housing Commission appointed by

33 the Governor shall at all times include one (1) member from each Arkansas

34 congressional district.

35  (2) Appointments by the President Pro Tempore of the Senate and

36 the Speaker of the House of Representatives shall be as follows:

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1                   (A) The three (3) members appointed by the President Pro

2 Tempore of the Senate shall be from the First Congressional District and the

3 Second Congressional District and the three (3) members appointed by the

4 Speaker of the House of Representatives shall be from the Third Congressional

5 District and the Fourth Congressional District;

6                   (B) At the next time for appointments, the three (3)

7 members appointed by the President Pro Tempore of the Senate shall be from

8 the Third Congressional District and the Fourth Congressional District and

9 the three (3) members appointed by the Speaker of the House of

10 Representatives shall be from the First Congressional District and the Second

11 Congressional District; and

12                  (C) Future appointments shall alternate between the

13 requirements of subdivisions (d)(2)(A) and (B) of this section.

14  (e)(g) The Arkansas Fair Housing Commission shall elect a chair from

15 its membership.

16  (f)(h) The Arkansas Fair Housing Commission shall meet at least

17 quarterly.

18  (g)(1) The members of the Arkansas Fair Housing Commission shall serve

19 four-year terms, except that the initial appointees shall serve staggered

20 terms determined by a procedure established by the Arkansas Fair Housing

21 Commission so that six (6) serve a two-year term and seven (7) serve a four-

22 year term.

23             (2) No member may serve more than two (2) four-year terms.

24  (h)(i) Each commissioner may receive expense reimbursement and

25 stipends in accordance with � 25-16-905.

26

27  SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Changes in membership.

28  (a)(1) Upon the effective date of this act, the existing members of

29 the Arkansas Fair Housing Commission shall continue to serve and shall

30 exercise the powers and duties assigned to the Arkansas Fair Housing

31 Commission until the expiration of the members' terms.

32             (2) This act shall not shorten the term of any current member of

33 the Arkansas Fair Housing Commission.

34  (b) The new membership requirements shall be implemented as the terms

35 expire and by filing vacancies in the Arkansas Fair Housing Commission.

36  (c) If the terms of all existing members of the Arkansas Fair Housing

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 1 Commission have expired on or before the effective date of this act, the
 2 appointing authorities shall appoint new members of the Arkansas Fair Housing
 3 Commission in compliance with this act.
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