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Arkansas General Assembly· HB 1997Recommended for study in the Interim by the Committee on AGING, CHILDREN AND YOUTH, & LEGISLATIVE AFFAIRS- HOUSE

An act TO CREATE A ZONING EXEMPTION FOR CHILDCARE 10 FAMILY HOMES, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
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 1997

4

5 By: Representative Torres

6 By: Senator Dees

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8                            For An Act To Be Entitled

9              AN ACT TO CREATE A ZONING EXEMPTION FOR CHILDCARE

10             FAMILY HOMES; TO DECLARE AN EMERGENCY; AND FOR OTHER

11             PURPOSES.

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14                                      Subtitle

15                       TO CREATE A ZONING EXEMPTION FOR

16                       CHILDCARE FAMILY HOMES; AND TO DECLARE

17                       AN EMERGENCY.

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

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21  SECTION 1. DO NOT CODIFY. Legislative findings.

22  The General Assembly finds that:

23             (1) The childcare needs in Arkansas necessitate the enhancement

24 of accessible childcare options for families, particularly in rural and

25 small-town areas;

26             (2) Exempting licensed childcare homes from restrictive zoning

27 regulations would facilitate the growth of small businesses, contributing to

28 local economies and community vitality; and

29             (3) Successful outcomes in communities such as Gentry and

30 Gravette demonstrate that support for childcare initiatives can lead to an

31 increase in available slots for children without negatively impacting local

32 resources.

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34  SECTION 2. Arkansas Code � 20-78-229(b), concerning compliance with

35 local regulations under the Childcare Facility Licensing Act, is amended to

36 read as follows:

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1   (b)(1) The Except as provided in subsection (f) of this section, the

2 Division of Child Care and Early Childhood Education shall require any

3 childcare facility seeking licensure under this subchapter to comply with

4 applicable zoning and land use development regulations of the municipality

5 and county where the childcare facility is located.

6   (2) Failure to comply with applicable zoning and land use

7 regulations is grounds for the denial of a license of a childcare facility.

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9   SECTION 3. Arkansas Code � 20-78-229 is amended to add an additional

10 subsection to read as follows:

11  (f)(1) As used in this subsection, "licensure" means the process

12 through which the Division of Child Care and Early Childhood Education grants

13 permission to operate a childcare family home under this subchapter.

14  (2)(A) Except as provided in subdivision (f)(3) of this section,

15 a childcare family home that is licensed or seeking licensure under this

16 subchapter is exempt from local zoning ordinances that restrict the operation

17 of a childcare family home.

18                   (B) An exemption from local zoning ordinances under

19 subdivision (f)(2) of this section applies to all residential properties

20 within corporate limits of a municipality.

21  (3) A municipality shall enforce existing health and safety

22 regulations applicable to all childcare facilities to ensure community

23 standards are upheld.

24  (4) The Division of Child Care and Early Childhood Education

25 shall provide guidance and resources to aspiring childcare providers to

26 ensure adherence to essential health, safety, and educational standards and

27 this subsection.

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29  SECTION 4. DO NOT CODIFY. EMERGENCY CLAUSE. It is found and

30 determined by the General Assembly of the State of Arkansas that there is a

31 need for accessible childcare options throughout the state; that rural

32 communities cannot increase childcare options due to restrictive zoning

33 regulations of the local government; and that this act is immediately

34 necessary because increasing access to affordable childcare is needed to

35 preserve public health, peace, and safety. Therefore, an emergency is

36 declared to exist, and this act being immediately necessary for the

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1 preservation of the public peace, health, and safety shall become effective

2 on:

3           (1) The date of its approval by the Governor;

4           (2) If the bill is neither approved nor vetoed by the Governor,

5 the expiration of the period of time during which the Governor may veto the

6 bill; or

7           (3) If the bill is vetoed by the Governor and the veto is

8 overridden, the date the last house overrides the veto.

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