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Author Topic:   Bills from the Arkansas Senate....about building tracks in the state.
jammin
Dirt Administrator

Total posts: 3279
posted March 20, 2001 06:26 PM UIN: 16262997
More interesting information from Arkansas.

State of Arkansas 1
83rd General Assembly A Bill 2
Regular Session, 2001 SENATE BILL 76 3
4
By: Senator Hoofman 5
6
7
For An Act To Be Entitled 8
AN ACT TO AMEND ARKANSAS CODE TITLE 14, CHAPTER 16 TO 9
ADD A SUBCHAPTER 8 TO AUTHORIZE COUNTY GOVERNMENTS TO 10
ISSUE PERMITS FOR THE CONSTRUCTION AND OPERATION OF 11
MOTOR VEHICLE RACING FACILITIES; TO REPEAL ARKANSAS 12
CODE 8-10-302 AND 8-10-303, REQUIRING THE DEPARTMENT 13
OF ENVIRONMENTAL QUALITY TO REGULATE RACING 14
FACILITIES; AND FOR OTHER PURPOSES. 15
16
Subtitle 17
TO AUTHORIZE COUNTY GOVERNMENTS TO ISSUE 18
PERMITS FOR THE CONSTRUCTION OF MOTOR 19
VEHICLE RACING FACILITIES AND REPEAL THE 20
CURRENT REGULATION OF THOSE FACILITIES. 21
22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. Arkansas Code Title 14, Chapter 16, is amended to add an 26
additional subchapter to read as follows: 27
SUBCHAPTER 8 - MOTOR VEHICLE RACING FACILITIES 28
14-16-801. Permits required for motor vehicle racing facilities. 29
(a) Due to potential traffic congestion caused by motor vehicle racing 30
facilities, a motor vehicle racing facility shall not be constructed or begin 31
operation in this state without a permit issued by the county judge of the 32
county in which a proposed facility is to be located. 33
(b)(1) Prior to any persons or entity proposing and constructing a 34
motor vehicle racing facility, the person or entity shall seek the approval of 35
and issuance of a permit from the county judge of the county in which the 36SB76
2 121420000320.VJF245
facility is proposed to be located. 1
(2) The county judge's approval shall be sought by filing a 2
permit application with the county clerk which shall be forwarded to the 3
county court to set the time for a public hearing on the permit application. 4
(3) Initial permit applications for new facilities to be 5
constructed shall have attached a written proposal for the motor vehicle 6
facility containing the substance of the proposed facility, including: 7
(A) A description of the types of motor vehicles proposed 8
for racing at the facility; 9
(B) A description of the kinds of races, the types of 10
buildings, stands, or other physical plant proposed for the facility; 11
(C) Estimates of traffic counts and numbers of spectators; 12
(D) Any other relevant permit information as may be 13
determined necessary for the permit application by the county judge. 14
15
14-16-802. Public hearing. 16
(a) For the initial permit application for new facilities to be 17
operated or constructed, the county judge shall conduct a public hearing on 18
the proposed motor vehicle racing facility. 19
(b) The public hearing on the proposed facility permit shall not be 20
less than thirty (30) days, nor more than ninety (90) days, after the filing 21
of the initial permit application and may be adjourned and continued if 22
necessary. 23
(c) The county judge may, within the judge’s own discretion, hold 24
public hearings for the renewal of any permits as is necessary. 25
(d) Any interested persons may appear and contest the granting of the 26
approval or renewal of the facility permit, and the county judge shall examine 27
affidavits in support of or against the proposed facility or a permit renewal, 28
which may be prepared and submitted by any interested persons. 29
30
14-16-803. Permit issued or renewed. 31
(a) After the hearing for the initial permit or upon application for 32
the renewal of its permit, if the county judge shall decide that the permit 33
application is complete and that it shall be deemed right and proper, in the 34
judge’s discretion, that the application shall be granted, then the county 35
judge shall grant the initial permit approving the proposed facility or shall 36

SB76
3 121420000320.VJF245
renew approval to the previously permitted existing facility for a period of 1
time of not less than three (3) years, nor more than five (5) years. 2
(b) Renewal of permit may also be denied if: 3
(1) The racing facility is determined to be in violation of any 4
standards under which the permit was issued; 5
(2) The racing facility is constructed or is being operated in a 6
manner which is materially different than was represented during the permit 7
application or renewal process; or 8
(3) Fraud, misrepresentation, or false statement of facts were 9
made during the permit application or renewal process. 10
(c) Any material changes, additions, or improvements made to the motor 11
vehicle racing facility shall be reported to the county judge. 12
13
14-16-804. County judge to set permit fee. 14
(a) The county judge shall have the authority to promulgate any and all 15
necessary rules and regulations to implement this subchapter, including the 16
authority to set a permit fee to recover the cost of issuing the permits and 17
holding hearings. 18
(b) However, the permit fee for a motor vehicle racing facility shall 19
not exceed five hundred dollars ($500.00) per year for each year for which the 20
permit is issued or renewed. 21
(c) Motor vehicle racing facility permit fees shall be deposited in the 22
county general fund. 23
24
14-16-805. Motor vehicle racing facility defined. 25
(a) For purposes of this subchapter, "motor vehicle racing facility" 26
means any facility designed and used for competitive racing by automobiles or 27
trucks which are modified for racing. 28
(b) However, "motor vehicle racing facility" shall not include any 29
facilities used for racing motorcycles, motor-driven cycles, all-terrain 30
vehicles, or any other motor vehicles under five hundred (500) pounds in gross 31
vehicle weight. 32
33

jammin
Dirt Administrator

Total posts: 3279
posted March 20, 2001 06:29 PM UIN: 16262997
Senate Bill 978


Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
*RRS557* 030420011510.RRS557
State of Arkansas As Engrossed: S3/12/01 1
83rd General Assembly A Bill 2
Regular Session, 2001 SENATE BILL 978 3
4
By: Senator Wilkins 5
6
7
For An Act To Be Entitled 8
AN ACT TO AUTHORIZE THE ISSUANCE OF PERMITS FOR 9
THE CONSTRUCTION AND OPERATION OF MOTOR VEHICLE 10
RACING FACILITIES; TO REPEAL ARKANSAS CODE 8-10- 11
302 AND 8-10-303, REQUIRING THE DEPARTMENT OF 12
ENVIRONMENTAL QUALITY TO REGULATE RACING 13
FACILITIES; AND FOR OTHER PURPOSES. 14
15
Subtitle 16
TO AUTHORIZE THE ISSUANCE OF PERMITS FOR 17
THE CONSTRUCTION OF MOTOR VEHICLE RACING 18
FACILITIES AND REPEAL THE CURRENT 19
REGULATION OF THOSE FACILITIES. 20
21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
24
SECTION 1. (a) Due to the propensity of motor vehicle racing 25
facilities to cause traffic congestion, their need for the availability of 26
variety of infrastructure facilities, and the requirements of persons 27
attending racing events for temporary housing and dining facilities, motor 28
vehicle racing facilities shall only be constructed in the state in counties 29
containing cities with a population of over fifty thousand (50,000). Those 30
counties and cities must be member governments of a Metropolitan Planning 31
Organization. 32
(b) Motor vehicle racing facilities proposed for construction in 33
counties and cities meeting the requirements of subsection (a) of this 34
section shall be located so that, measured from a point on an outer boundary 35
of the racing facility property, the facility will have access within one and 36As Engrossed: S3/12/01 SB978
2 030420011510.RRS557
one-half (1-1/2) miles to a street designated or proposed by the Metropolitan 1
Area Transportation Study Transportation Plan as an arterial street, or 2
expressway, or extension thereof when outside the urban area. 3
4
SECTION 2. Permits required for motor vehicle racing facilities. 5
(a) Prior to any person or entity proposing or constructing a motor 6
vehicle racing facility, or any person or entity seeking a substantial 7
expansion of a motor vehicle racing facility that has received a permit under 8
this act, the person or entity shall seek the approval of the city planning 9
commission or board of the city in which the facility is proposed to be 10
located, or when in unincorporated areas, the county judge of the county in 11
which the facility is proposed to be located. Appeals of the denial of a 12
permit shall be respectively, to the governing body of the city when the 13
facility's proposed location is inside an incorporated city, or the quorum 14
court when the facility's proposed location is in unincorporated areas. If 15
an incorporated town or city in which the facility is proposed to be located 16
does not have a planning commission or board, the approval of a permit for a 17
motor vehicle racing facility shall rest with the mayor, and the appeal of a 18
denied permit shall be to the governing body of the city. 19
(b)(1) The approval of the designated body set forth in subsection (a) 20
shall be sought by filing a permit application with the designated city or 21
county clerk which shall be forwarded to the designated body to set the time 22
for a public hearing on the permit application. 23
(2) Initial permit applications for new facilities to be 24
constructed shall have attached a written proposal for the motor vehicle 25
facility containing the substance of the proposed facility, including: 26
(A) The legal description of the property on which the 27
motor vehicle racing facility is to be located; 28
(B) A description of the types of motor vehicles proposed 29
for racing at the facility; 30
(C) A description of the kinds of races, the types of 31
buildings, stands, or other physical plants proposed for the facility; 32
(D) An in-depth economic and feasibility study prepared 33
specifically for the proposed facility which also may include location 34
alternatives; 35
(E) The design concept of the motor vehicle racing 36

As Engrossed: S3/12/01 SB978
3 030420011510.RRS557
facility prepared by an architect, engineer, or motor vehicle racing facility 1
planner, to include the proposed location of all planned or proposed 2
facilities including supporting facilities, which may include a phased 3
development plan; and 4
(F) Any other relevant permit information as may be 5
determined necessary for the permit application. 6
(3) Substantial expansion permit applications of a motor vehicle 7
racing facility that has received a permit under this act, shall have 8
attached a written proposal for the motor vehicle facility containing the 9
substance of the proposed expansion, including: 10
(A) The legal description of the property on which the 11
expansion is to be located; 12
(B) A description of the kinds of races, the types of 13
buildings, stands, or other physical plants proposed for the expansion; 14
(C) The design concept of the expansion prepared by an 15
architect, engineer, or motor vehicle racing facility planner, to include the 16
proposed location of all planned or proposed facilities including supporting 17
facilities, which may include a phased development plan; and 18
(D) Any other relevant permit information as may be 19
determined necessary for the permit application. 20
21
SECTION 3. Public hearing. 22
(a) For the initial permit application for new facilities to be 23
operated or constructed, or a substantial expansion of a facility that has 24
received a permit under this act, the approving body as set forth in this act 25
shall conduct a public hearing on the proposed motor vehicle racing facility. 26
(b) The public hearing on the proposed facility permit or substantial 27
expansion permit shall occur not less than thirty (30) days, nor more than 28
ninety (90) days, after the filing of the initial permit or substantial 29
expansion application and may be adjourned and continued if necessary. 30
(c) The approving body shall cause the publication of a notice of 31
public hearing concerning the proposed racing facility or substantial 32
expansion in a newspaper of general circulation not less than fifteen (15) 33
calendar days prior to the date of the public hearing. 34
(d) Any interested person may appear and speak on the subject of 35
granting the facility permit and the approving body shall examine affidavits 36

As Engrossed: S3/12/01 SB978
4 030420011510.RRS557
in support of or against the proposed facility which may be prepared and 1
submitted by any interested person. Time allotted during the public hearing 2
for those persons speaking for or against the proposal shall be equal and 3
shall be determined by the approving body, except that a presentation by the 4
permit applicant concerning his or her proposal shall not be considered as 5
part of any time allotted for public comments. 6
7
SECTION 4. Permit issued or renewed. 8
(a) After the hearing for the initial permit or for substantial 9
expansion of a facility that has received a permit under this act, if the 10
approving body decides that the permit application is complete, right and 11
proper, then the approving body shall grant the permit approving the proposed 12
facility or the substantial expansion of a permitted facility. 13
(b) Permits are to be renewed annually through the payment of an 14
annual permit fee, and the submission of a report concerning the progress 15
made toward development of the motor vehicle racing facility until such time 16
as the facility is complete; however, the renewal permit may be denied if: 17
(1) The racing facility is determined to be in violation of any 18
standards under which the initial permit of the substantial expansion permit 19
was issued; 20
(2) The racing facility is constructed or is being operated in a 21
manner which is materially different than was represented during the initial 22
or substantial expansion permit application; or 23
(3) Fraud, misrepresentation, or false statement of facts were 24
made during the initial or substantial expansion permit application process. 25
26
SECTION 5. Permit fee. 27
(a) The approving body shall have the authority to promulgate any and 28
all necessary rules and regulations to implement this act, including the 29
authority to set a permit fee to recover the cost of issuing the permits and 30
holding hearings. 31
(b) However, the permit fee for a motor vehicle racing facility shall 32
not exceed five hundred dollars ($500) per year for each year for which the 33
permit is issued or renewed, and in cases of a substantial expansion the fee 34
shall be a one-time fee not exceeding two hundred and fifty dollars ($250). 35
36
As Engrossed: S3/12/01 SB978
5 030420011510.RRS557
SECTION 6. Definitions. 1
For purposes of this act: 2
(1)(A) "Motor vehicle racing facility" means any facility designed and 3
used for competitive racing by automobiles or trucks which are modified for 4
racing; 5
(B) "Motor vehicle racing facility" does not include any 6
facilities used for racing motorcycles, motor-driver cycles, all-terrain 7
vehicles, or any other motor vehicles under five hundred pounds (500 lbs.) in 8
gross vehicle weight; and 9
(2) "Substantial expansion" means the expansion of any racing facility 10
that has received a permit under this act and that: 11
(A) Expands the land area for which the initial permit was given 12
by fifty percent (50%) or five hundred (500) acres, whichever is less; or 13
(B) Expands the amount of land utilized in the design concept of 14
the facility that was approved during the initial permitting process by fifty 15
percent (50%) or more. 16
/s/ Wilkins 17

jammin
Dirt Administrator

Total posts: 3279
posted March 20, 2001 06:30 PM UIN: 16262997
Some interesting reading.....ever want to open a track up in Arkansas?

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