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SB91

To Provide That Local Governmental Units Shall Have No Authority To Regulate Or Control The Amount Charged For A Rental Application Fee Or Rental Deposit For Private Residential Or Commercial Property.

Passed

Last Action (April 7, 2025): Notification that SB91 is now Act 459

Sponsors

AI-Generated Summary

Senate Bill 91 amends Arkansas law to explicitly prohibit local governmental units, such as counties, cities, or townships, from enacting or enforcing ordinances that regulate rental application fees or rental deposits for private residential or commercial property. The bill reinforces existing state-level preemption that already prevents local governments from controlling rent prices. It clarifies that this prohibition applies broadly to landlords, property owners, managers, tenants, and real estate companies. The legislation maintains an exception for properties in which the local government itself holds a property interest, allowing municipalities to manage their own holdings. The primary purpose is to ensure uniform statewide standards and remove local authority over these specific financial components of private leasing agreements.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this bill are private landlords, property owners, property management firms, and real estate companies operating within Arkansas. By preventing local governments from placing caps or specific regulations on application fees and security deposits, these entities gain greater autonomy to set their own pricing structures based on market conditions, administrative costs, and individual property requirements without facing a patchwork of municipal ordinances.

Who Might Suffer?

Prospective tenants and renters are the group most directly and negatively impacted, as they lose potential protections that local governments might have enacted to limit excessive application fees or overly burdensome security deposits. In competitive housing markets, the absence of local regulatory oversight could potentially lead to higher entry costs for renters, as landlords would face no municipal restrictions on the non-refundable or refundable fees required to secure a lease.

Vote Records

Third Reading

March 31, 2025
Yea: 81 Nay: 11 NV: 8 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Tracy Steele Democrat House Yea
Fred Allen Democrat House Nay
Lane Jean Republican House NV
Stephen Meeks Republican House Yea
Mark Perry Democrat House NV
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House Yea
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Nay
Mike Holcomb Republican House Yea
Stephen Magie Democrat House NV
Mark McElroy Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House NV
Ron Mcnair Republican House NV
Marcus Richmond Republican House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Nay
Cindy Crawford Republican House Yea
Denise Garner Democrat House Nay
Tippi McCullough Democrat House Nay
Jay Richardson Democrat House NV
Jim Wooten Republican House Yea
Denise Ennett Democrat House Nay
Richard McGrew Republican House Yea
Joy Springer Democrat House Nay
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Ashley Hudson Democrat House NV
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House NV
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Glenn Barnes Democrat House Nay
Lincoln Barnett Democrat House Nay
Alyssa Brown Republican House Yea
Nick Burkes Republican House Yea
Paul Childress Republican House Yea
James Eaton Republican House Yea
Brad Hall Republican House Yea
Dolly Henley Republican House Yea
Jessie McGruder Democrat House Nay
Jason Nazarenko Republican House Yea
Randy Torres Republican House Yea
Diana Gonzales Worthen Democrat House Nay

Third Reading

March 4, 2025
Yea: 28 Nay: 3 NV: 4 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Nay
Missy Irvin Republican Senate Yea
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Nay
Frederick Love Democrat Senate NV
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate NV
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Nay
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Jamie Scott Democrat Senate NV
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us